Senate Bill sb0408

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    Florida Senate - 2006                                   SB 408

    By Senator Campbell





    32-352-06

  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 judgment 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. 63.0425, F.S.;

14         providing a grandparent's right to notice;

15         amending s. 63.052, F.S.; providing that a

16         court in this state retains jurisdiction until

17         the adoption is finalized in this state or in

18         another state; amending s. 63.053, F.S.;

19         providing that if an unmarried biological

20         father fails to take the actions that are

21         available to him to establish a relationship

22         with his child, his parental interest may be

23         lost entirely; amending s. 63.054, F.S.;

24         requiring that the adoption entity provide

25         certain information to the Department of

26         Health; providing that if a putative father

27         fails to report a change of address to the

28         Florida Putative Father Registry, the failure

29         is not a valid defense based upon lack of

30         notice and the adoption entity or adoption

31         petitioner is not obligated to search further

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 1         for the registrant; providing that if a father

 2         who is required to consent to an adoption does

 3         not know the county in which the birth mother

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

 5         he may initiate an action in any county in the

 6         state; amending s. 63.062, F.S.; providing that

 7         an adoption agency may file a notice of an

 8         intended adoption plan at any time before the

 9         birth of the child or before placing the child

10         in the adoptive home; requiring an adoption

11         entity to make a good-faith effort to locate

12         the putative father; providing when an adoption

13         entity has no further obligation to search for

14         the putative father; providing for the proper

15         venue to file a petition to terminate parental

16         rights; amending s. 63.082, F.S.; providing

17         that notice and consent provisions do not apply

18         in cases where the child was conceived as a

19         result of a violation of certain criminal

20         statutes; limiting revocation of a consent to

21         adopt to 3 days if the child is older than 6

22         months of age; authorizing a court to transfer

23         a child to the prospective adoptive parents

24         under certain circumstances; requiring the

25         adoption entity to file a petition for adoption

26         or termination of parental rights after the

27         transfer of the child; amending s. 63.085,

28         F.S.; revising provisions relating to who may

29         sign a valid consent for adoption; amending s.

30         63.087, F.S.; providing procedures to terminate

31         parental rights pending an adoption; providing

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 1         the proper venue in which to file a petition to

 2         terminate parental rights; requiring a person

 3         to answer the petition and to appear at the

 4         hearing for termination of parental rights;

 5         amending s. 63.088, F.S.; requiring the court

 6         to conduct an inquiry concerning the father of

 7         the child who is to be adopted; revising

 8         requirements for notice concerning the

 9         termination of parental rights; requiring

10         persons contacted by a petitioner or adoption

11         entity to release certain information; amending

12         s. 63.089, F.S.; revising provisions relating

13         to service of notice and petition regarding

14         termination of parental rights and consent to

15         adoption; requiring that certain scientific

16         testing to determine paternity complies with

17         state law; amending s. 63.092, F.S.; providing

18         that if an adoption entity fails to file the

19         report of its intended placement within the

20         specified time, the failure does not constitute

21         grounds to deny the petition for termination of

22         parental rights or adoption under certain

23         circumstances; identifying additional

24         individuals who may perform a home study;

25         providing an exception if the person to be

26         adopted is an adult; amending s. 63.102, F.S.;

27         revising procedures for the filing of a

28         petition for adoption; providing the proper

29         venue where the petition may be filed; amending

30         s. 63.112, F.S.; revising provisions requiring

31         that a certified copy of a judgment terminating

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 1         parental rights be filed at the same time the

 2         petition is filed; amending s. 63.122, F.S.;

 3         providing that certain information may be

 4         removed from the petition; amending s. 63.125,

 5         F.S.; providing that certain licensed

 6         professionals may conduct the final home

 7         investigation; amending s. 63.132, F.S.;

 8         providing exceptions to the requirement that

 9         the adoptive parent and the adoption entity

10         file an affidavit itemizing all expenses and

11         receipts; amending s. 63.135, F.S.; requiring

12         the adoption entity or petitioner to file an

13         affidavit under the Uniform Child Custody

14         Jurisdictional and Enforcement Act; revising

15         the information required to be submitted under

16         oath to the court; amending s. 63.142, F.S.;

17         requiring that if an adoption petition is

18         dismissed, any further proceedings regarding

19         the minor be brought in a separate custody

20         action under ch. 61, F.S., a dependency action

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

22         ch. 742, F.S.; amending s. 63.152, F.S.;

23         requiring the clerk of court to transmit a

24         certified statement of the adoption to the

25         state where the child was born; amending s.

26         63.162, F.S.; authorizing the birth parent to

27         release his or her name under certain

28         circumstances; authorizes a court to permit

29         certain entities to contact a birth parent to

30         advise him or her of the adoptee's request to

31         open the file or the adoption registry and

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 1         provide the opportunity to waive

 2         confidentiality and consent to the opening of

 3         records; providing requirements for the release

 4         of an original sealed birth certificate;

 5         amending s. 63.172, F.S.; granting rights of

 6         inheritance when a judgment of adoption has

 7         been entered; amending s. 63.182, F.S.;

 8         providing that the interest that gives a person

 9         standing to set aside an adoption must be

10         direct, financial, and immediate; providing an

11         exception; providing that a showing of an

12         indirect, inconsequential, or contingent

13         interest is wholly inadequate; providing for

14         construction and applicability; amending s.

15         63.192, F.S.; requiring the courts of this

16         state to recognize decrees of termination of

17         parental rights and adoptions from other states

18         and countries; amending s. 63.207, F.S.;

19         revising provisions relating to out-of-state

20         placement of minors; amending s. 63.212, F.S.;

21         revising acts that are unlawful pertaining to

22         adoptions; providing penalties; amending s.

23         63.213, F.S.; prohibiting an attorney from

24         representing the volunteer mother and the

25         intended mother in a preplanned adoption

26         arrangement; providing penalties and sanctions

27         for payment of finder's fees in certain

28         preplanned adoption agreements; redefining the

29         term "fertility technique"; amending s. 63.219,

30         F.S.; providing sanctions for persons who

31         violate ch. 63, F.S.; creating s. 63.236, F.S.;

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 1         providing that any petition for termination of

 2         parental rights filed before the effective date

 3         of the act is governed by the law in effect at

 4         the time the petition was filed; amending s.

 5         409.166, F.S.; redefining the term "special

 6         needs child" to remove children of racially

 7         mixed parentage; providing for participation by

 8         adoption intermediaries in the adoption program

 9         for special needs children administered by the

10         Department of Children and Family Services;

11         amending s. 409.176, F.S.; providing that

12         licensing provisions do not apply to certain

13         licensed child-placing agencies; amending s.

14         742.14, F.S.; providing that the donor of an

15         embryo relinquishes all parental rights and

16         obligations to the embryo or the resulting

17         children at the time of the donation; amending

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

19         state outside this state to advise a

20         commissioning couple concerning a gestational

21         surrogate; amending s. 742.16, F.S.; revising

22         requirements for affirmation of parental status

23         for gestational surrogacy; creating s. 742.18,

24         F.S.; prohibiting a person or entity, except a

25         licensed physician, fertility clinic, or

26         attorney, from doing certain specified acts;

27         prohibiting a person other than a licensed

28         physician, fertility clinic, or attorney from

29         accepting a fee for finding, screening,

30         matching, or facilitating a donor or

31         gestational carrier arrangement; providing that

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 1         a willful violation is a misdemeanor of the

 2         second degree; providing criminal penalties;

 3         providing for damages for certain acts or

 4         omissions and for reasonable attorney's fees

 5         and costs; providing an effective date.

 6  

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

 8  

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

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

11  amended to read:

12         63.022  Legislative intent.--

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

14  this chapter are that:

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

16  the minor has lived within the proposed adoptive home under

17  the guidance of an adoption entity, except stepparent

18  adoptions or relative adoptions of a relative.

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

20  cooperation between private adoption entities and the

21  Department of Children and Family Services in matters relating

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

23  department whose parent or legal custodian wishes birth

24  parents wish to participate in a private adoption plan with a

25  qualified family.

26         Section 2.  Section 63.032, Florida Statutes, is

27  amended to read:

28         63.032  Definitions.--As used in this chapter, the

29  term:

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

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

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 1  makes no provision for the child's support and makes little or

 2  no effort to communicate with the child, which situation is

 3  sufficient to evince an intent to reject parental

 4  responsibilities. If, in the opinion of the court, the efforts

 5  of the such parent or person having legal custody of the child

 6  to support and communicate with the child are only marginal

 7  efforts that do not evince a settled purpose to assume all

 8  parental duties, the court may declare the child to be

 9  abandoned. In making this decision, the court may consider the

10  conduct of a father towards the child's mother during her

11  pregnancy.

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

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

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

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

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

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

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

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

20  intermediary, an attorney licensed in another state who is

21  placing a child from another state into this state, or a

22  child-placing agency licensed in another state which is

23  placing a child from another state into this state and is

24  qualified by the department to place children in the State of

25  Florida.

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

27  birth parent or other individual having a legal right to

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

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

30         (5)(4)  "Adult" means a person who is not a minor.

31  

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 1         (6)(5)  "Agency" means any child-placing agency

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

 3  place minors for adoption.

 4         (7)(6)  "Child" means a son or daughter, whether by

 5  birth or adoption.

 6         (8)(7)  "Court" means any circuit court of this state

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

 8  empowered to grant petitions for adoption.

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

10  and Family Services.

11         (10)(9)  "Intermediary" means an attorney who is

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

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

14  placing children born in another state with citizens of this

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

16  citizens of another state or country.

17         (11)(10)  "Legal custody" means a legal status created

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

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

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

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

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

23  and ordinary medical, dental, psychiatric, and psychological

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

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

26  s. 39.01.

27         (12)(11)  "Minor" means a person under the age of 18

28  years.

29         (13)(12)  "Parent" means a woman who gives birth to a

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

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

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

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

 3  not include an individual whose parental relationship to the

 4  child has been legally terminated has the same meaning

 5  ascribed in s. 39.01.

 6         (14)(13)  "Person" has the same meaning as in s. 1.01

 7  includes a natural person, corporation, government or

 8  governmental subdivision or agency, business trust, estate,

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

10  entity.

11         (15)(14)  "Relative" means a person related by blood,

12  adoption, or marriage to the person being adopted within the

13  third degree of consanguinity.

14         (16)(15)  "To place" or "placement" means the process

15  of a parent or legal guardian surrendering a child for

16  adoption and the prospective adoptive parents receiving and

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

18  adoption entity participating in the process.

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

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

21  1 day of the year, military personnel who designate Florida as

22  their place of residence in accordance with the Servicemembers

23  Civil Relief Act, Pub. L. No. 108-189, or citizens of the

24  United States living in a foreign country who designate

25  Florida as their place of residence.

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

27  legal guardian surrendering a child for adoption and the

28  prospective adoptive parents receiving and adopting the child

29  and all actions by any adoption entity participating in

30  placing the child.

31  

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 1         (18)(17)  "Primarily lives and works outside Florida"

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

 3  6 months and 1 day of the year, military personnel who

 4  designate a state other than Florida as their place of

 5  residence in accordance with the Servicemembers Civil Relief

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

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

 8  Department of State living in a foreign country who designate

 9  a state other than Florida as their place of residence and who

10  do not reside in Florida for 6 months and 1 day of the year.

11         (19)(18)  "Suitability of the intended placement"

12  includes the fitness of the intended placement, with primary

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

14         (20)(19)  "Unmarried biological father" means the

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

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

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

18  be the legal father of the child.

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

20  birth parent or other individual having a legal right to

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

22  entity in furtherance of the placement of the minor for

23  adoption.

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

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

26         63.039  Duty of adoption entity to prospective adoptive

27  parents; sanctions.--

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

29  has an affirmative duty to follow the requirements of this

30  chapter and specifically the following provisions, which

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

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 1  and their parents and prospective adoptive parents by

 2  promoting certainty, finality, and permanency for such

 3  persons. The adoption entity must:

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

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

 6  conducted orally in the presence of the court.

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

 8  adoption is required necessary under this chapter is known but

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

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

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

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

13  termination of parental rights will be located in a county

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

15  terminated resides.

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

17  Statutes, is amended to read:

18         63.0423  Procedures with respect to abandoned

19  infants.--

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

21  adoption involving a minor who was abandoned pursuant to this

22  section is voidable, and any later judgment of adoption of

23  that minor is voidable, if, upon the motion of a birth parent

24  whose consent is required for adoption, the court finds that a

25  person knowingly gave false information that prevented the

26  birth parent from timely making known his or her desire to

27  assume parental responsibilities toward the minor or from

28  exercising his or her parental rights. A motion under this

29  subsection must be filed with the court originally entering

30  the judgment. The motion must be filed within a reasonable

31  

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

 2  judgment terminating parental rights.

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

 4  under this subsection, the court shall conduct a preliminary

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

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

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

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

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

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

11  the order must be issued in writing as expeditiously as

12  possible and must state with specificity the terms any

13  provisions regarding contact with persons other than those

14  with whom the child 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 or maternity of

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

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

20  not previously been determined by legal proceedings or

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

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

23  paternity of the abandoned infant, the court may order

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

25  the child.

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

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

28  the judgment and shall enter its written order as

29  expeditiously as possible thereafter.

30         Section 5.  Section 63.0425, Florida Statutes, is

31  amended to read:

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 1         63.0425  Grandparent's right to notice adopt.--

 2         (1)  When a child has lived with a grandparent for at

 3  least 6 months within the 24-month period immediately

 4  preceding the filing of a petition for termination of parental

 5  rights pending adoption, the adoption entity shall provide

 6  notice to that grandparent of the hearing on the petition for

 7  termination of parental rights pending adoption.

 8         (2)  This section shall not apply if the placement for

 9  adoption is a result of the death of the child's parent and a

10  different preference is stated in the parent's will.

11         (3)  This section shall not apply in stepparent

12  adoptions.

13         (4)  Nothing in this section shall contravene the

14  provisions of s. 63.142(4).

15         Section 6.  Subsections (1) and (7) of section 63.052,

16  Florida Statutes, are amended to read:

17         63.052  Guardians designated; proof of commitment.--

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

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

20  intermediary, the such adoption entity shall be the guardian

21  of the person of the minor and has the responsibility and

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

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

24  been placed for adoption until the adoption is finalized

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

26  with an adoption entity or prospective adoptive parent, the

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

28  toward permanent adoptive placement.

29         Section 7.  Subsection (1) of section 63.053, Florida

30  Statutes, is amended to read:

31  

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 1         63.053  Rights and responsibilities of an unmarried

 2  biological father; legislative findings.--

 3         (1)  In enacting the provisions contained in this

 4  chapter, the Legislature prescribes the conditions for

 5  determining whether an unmarried biological father's actions

 6  are sufficiently prompt and substantial so as to require

 7  protection of a constitutional right. If an unmarried

 8  biological father fails to take the actions that are available

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

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

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

12  to substantiate a parental interest.

13         Section 8.  Subsections (1), (5), (6), (7), and (8) of

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

15         63.054  Actions required by an unmarried biological

16  father to establish parental rights; Florida Putative Father

17  Registry.--

18         (1)  In order to preserve the right to notice and

19  consent to an adoption under this chapter, an unmarried

20  biological father must, as the "registrant," file a notarized

21  claim of paternity form with the Florida Putative Father

22  Registry maintained by the Office of Vital Statistics of the

23  Department of Health and shall include therein confirmation of

24  his willingness and intent to support the child for whom

25  paternity is claimed in accordance with state law. The claim

26  of paternity may be filed at any time prior to the child's

27  birth, but a claim of paternity may not be filed after the

28  date a petition is filed for termination of parental rights.

29  The adoption entity shall provide the Department of Health

30  with a notification of filing the petition for termination of

31  parental rights. The Department of Health shall adopt by rule

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 1  a form to be completed by the clerk of the court for

 2  notification of filing a petition for termination of parental

 3  rights.

 4         (5)  The registrant may, at any time before prior to

 5  the birth of the child for whom paternity is claimed, execute

 6  a notarized written revocation of the claim of paternity

 7  previously filed with the Florida Putative Father Registry,

 8  and upon receipt of such revocation, the claim of paternity

 9  shall be deemed null and void. If a court determines that a

10  registrant is not the father of the minor or has no parental

11  rights, the court shall order the department to remove the

12  registrant's name from the registry.

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

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

15  representative to notify and update the Office of Vital

16  Statistics of any change of address or change in the

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

18  registrant, or designated agent or representative, to report

19  any such change is at the registrant's own risk and may shall

20  not serve as a valid defense based upon lack of notice, and

21  the adoption entity or petitioner shall have no further

22  obligation to search for the registrant unless the person

23  petitioning for termination of parental rights or adoption has

24  actual or constructive notice of the registrant's address and

25  whereabouts from another source.

26         (7)  In each proceeding for termination of parental

27  rights or each adoption proceeding in which parental rights

28  are being terminated simultaneously with entry of the final

29  judgment of adoption, as in stepparent and relative adoptions

30  filed under this chapter, the petitioner must contact the

31  Office of Vital Statistics of the Department of Health by

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 1  submitting an application for a search of the Florida Putative

 2  Father Registry. The petitioner shall provide the same

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

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

 5  Thereafter, the Office of Vital Statistics must issue a

 6  certificate signed by the State Registrar certifying:

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

 8  each registered unmarried biological father whose information

 9  matches the search request sufficiently so that the such

10  person may be considered a possible father of the subject

11  child; or

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

13  registry of registrants who may be the unmarried biological

14  father of the subject child and that no matching registration

15  has been located in the registry.

16  

17  The This certificate must be filed with the court in the

18  proceeding to terminate parental rights or the adoption

19  proceeding. If a termination of parental rights and an

20  adoption proceeding are being adjudicated separately

21  simultaneously, the Florida Putative Father Registry need only

22  be searched once.

23         (8)  If an unmarried biological father does not know

24  the county in which the birth mother resides, gave birth, or

25  intends to give birth, he may initiate an action in any county

26  in the state, subject to the court's discretion to change

27  venue in accordance with s. 63.087 subject to the birth

28  mother's right to change venue to the county where she

29  resides.

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

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

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 1         63.062  Persons required to consent to adoption;

 2  affidavit of nonpaternity; waiver of venue.--

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

 4  an unmarried biological father shall be required necessary

 5  only if the unmarried biological father has complied with the

 6  requirements of this subsection.

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

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

 9  an unmarried biological father must have developed a

10  substantial relationship with the child, taken some measure of

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

12  demonstrated a full commitment to the responsibilities of

13  parenthood by providing financial support to the child in

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

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

16  having lawful custody of the child, and either:

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

18  physically and financially able to do so and when not

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

20  authorized agency having lawful custody of the child; or

21         b.  Maintained regular communication with the child or

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

23  child, when physically or financially unable to visit the

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

25  mother or person or authorized agency having lawful custody of

26  the child.

27         2.  The mere fact that an unmarried biological father

28  expresses a desire to fulfill his responsibilities towards his

29  child which is unsupported by acts evidencing this intent does

30  not preclude a finding by the court that the unmarried

31  

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 1  biological father failed to comply with the requirements of

 2  this subsection.

 3         3.  An unmarried biological father who openly lived

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

 5  following the birth of the child and immediately preceding

 6  placement of the child with adoptive parents and who openly

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

 8  period shall be deemed to have developed a substantial

 9  relationship with the child and to have otherwise met the

10  requirements of this paragraph.

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

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

13  adoptive parents, an unmarried biological father must have

14  demonstrated a full commitment to his parental responsibility

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

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

17  petition for termination of parental rights has been filed,

18  whichever is earlier:

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

20  Florida Putative Father Registry within the Office of Vital

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

22  maintained in the confidential registry established for that

23  purpose and shall be considered filed when the notice is

24  entered in the registry of notices from unmarried biological

25  fathers.

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

27  plan or a petition for termination of parental rights pending

28  adoption, timely execute executed and file filed an affidavit

29  in that proceeding stating that he is personally fully able

30  and willing to take responsibility for the child, setting

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

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

 2  living and medical expenses incurred for the mother's

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

 4  to pay.

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

 6  and reasonable amount of the expenses incurred in connection

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

 8  accordance with his financial ability and when not prevented

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

10  agency having lawful custody of the child.

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

12  certificate from the Office of Vital Statistics stating that a

13  diligent search has been made of the Florida Putative Father

14  Registry of notices from unmarried biological fathers

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

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

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

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

19  with the court before prior to the entry of a final judgment

20  of termination of parental rights.

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

22  with each of the conditions provided in this subsection is

23  deemed to have irrevocably waived and surrendered any rights

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

25  judicial proceeding in connection with the adoption of the

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

27  required.

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

29  entity may serve upon any unmarried biological father

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

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

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

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

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

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

 5  plan must specifically state that if the unmarried biological

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

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

 8  that contains a pledge of commitment to the child in

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

10  of intended adoption plan shall notify the unmarried

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

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

13  Statistics within 30 days after service upon him and must

14  provide the adoption entity with a copy of the verified

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

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

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

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

19  response setting forth a legal basis for contesting the

20  intended adoption plan, specifically addressing the best

21  interest of the child. If the unmarried biological father

22  whose consent is required or the adoption entity whose consent

23  is required fails to properly file a verified response with

24  the court and, in the case of an unmarried biological father,

25  a claim of paternity form with the Office of Vital Statistics

26  within 30 days after service upon that unmarried biological

27  father or entity whose consent is required, the consent of

28  that unmarried biological father or entity is not shall no

29  longer be required under this chapter and that party shall be

30  deemed to have irrevocably waived any claim of rights to the

31  child. Each notice of intended adoption plan served upon an

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 1  unmarried biological father must include instructions as to

 2  the procedure the unmarried biological father must follow to

 3  submit a claim of paternity form to the Office of Vital

 4  Statistics and the address to which the registration must be

 5  directed.

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

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

 8  adoption entity may provide a notice of intended adoption plan

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

10  potential unmarried biological father whose location is

11  unknown, the adoption entity shall conduct a diligent search

12  pursuant to s. 63.088. If, upon completion of a diligent

13  search, the potential unmarried biological father's location

14  remains unknown and a search of the Florida Putative Father

15  Registry fails to reveal a match, the adoption entity shall

16  request in the petition for termination of parental rights

17  pending adoption that the court declare the diligent search to

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

19  the adoption entity shall have no further obligation to

20  provide notice to the potential unmarried biological father

21  and that the potential unmarried biological father's consent

22  to the adoption shall not be required.

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 before

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

31  

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 1  affidavit must receive disclosure under s. 63.085 before prior

 2  to signing the affidavit.

 3         (8)  A petition to adopt an adult may be granted if:

 4         (a)  Written consent to adoption has been executed by

 5  the adult and the adult's spouse, if any.

 6         (b)  Written notice of the final hearing on the

 7  adoption has been provided to the parents, if any, or proof of

 8  service of process has been filed, showing notice has been

 9  served on the parents as provided in this chapter.

10         (9)  A petition for termination of parental rights

11  shall be filed in the appropriate county as determined under

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

13  required objects rights are to be terminated object to venue

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

15  transfer venue to a proper venue consistent with this chapter

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

17  parent or parents reside, unless the objecting parent has

18  previously executed a waiver of venue.

19         Section 10.  Paragraph (d) of subsection (1),

20  paragraphs (b), (c), and (e) of subsection (4), subsections

21  (5) and (6), and paragraphs (a), (b), (c), (d), and (f) of

22  subsection (7) of section 63.082, Florida Statutes, are

23  amended to read:

24         63.082  Execution of consent to adoption or affidavit

25  of nonpaternity; family social and medical history; withdrawal

26  of consent.--

27         (1)

28         (d)  The notice and consent provisions of this chapter

29  as they relate to the birth of a child or to legal fathers do

30  not apply in cases in which the child is conceived as a result

31  of a violation of the criminal laws of this or another state,

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 1  including, but not limited to, sexual battery, unlawful sexual

 2  activity with certain minors under s. 794.05, lewd acts

 3  perpetrated upon a minor, or incest.

 4         (4)

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

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

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

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

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

10  released from the licensed hospital or birth center, whichever

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

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

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

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

15  was obtained by fraud or duress.

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

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

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

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

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

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

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

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

24  the child has been placed with the prospective adoptive

25  parents.

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

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

28  substantially the following form:

29                       CONSENT TO ADOPTION

30  

31  

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 1         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

 2         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

 3         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

 4         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

 5         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

 7         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

 8         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

 9         OR WITNESSES YOU SELECTED, IF ANY.

10  

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

12         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

13         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

14  

15         1.  CONSULT WITH AN ATTORNEY;

16         2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS

17         OTHERWISE LEGALLY PROHIBITED;

18         3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY

19         FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

20         WILLING TO CARE FOR THE CHILD;

21         4.  TAKE THE CHILD HOME UNLESS OTHERWISE

22         LEGALLY PROHIBITED; AND

23         5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT

24         ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH

25         WITH THE ADOPTION.

26  

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

28         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS

29         VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER

30         SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING

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

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 1         IMMEDIATELY PLACED FOR ADOPTION UPON THE

 2         CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

 3         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

 4         WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE

 5         SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH

 6         MOTHER MUST WAIT 48 HOURS FROM THE TIME OF

 7         BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS

 8         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

10         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

11         CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT

12         FOR ADOPTION MAY BE EXECUTED. ANY MAN A

13         BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY

14         TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU

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

16         AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS

17         A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR

18         DURESS.

19  

20         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED

21         BY FRAUD OR DURESS AND YOU WISH TO REVOKE THAT

22         CONSENT, YOU MUST:

23  

24         1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A

25         LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT;

26         AND

27         2.  PROVE IN COURT THAT THE CONSENT WAS

28         OBTAINED BY FRAUD OR DURESS.

29  

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

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

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

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

 3  must contain a statement outlining the revocation rights

 4  provided in paragraph (c).

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

 6  signed under this chapter in an action for termination of

 7  parental rights pending adoption must be provided to the

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

 9  hand delivered, with a written acknowledgment of receipt

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

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

12  required in this subsection, the adoption entity must execute

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

14  delivered. The original consent and acknowledgment of receipt,

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

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

17  parental rights pending adoption.

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

19  placement of a minor with an adoption entity or qualified

20  prospective adoptive parents and the minor child is in the

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

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

23  and enforceable by the court.

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

25  the adoption entity shall be permitted to intervene in the

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

27  court having jurisdiction over the minor pursuant to the

28  shelter or dependency petition filed by the department with a

29  copy of the preliminary home study of the prospective adoptive

30  parents and any other evidence of the suitability of the

31  placement. The preliminary home study shall be maintained with

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 1  strictest confidentiality within the dependency court file and

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

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

 4  has intervened under pursuant to this section.

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

 6  prospective adoptive parents have met the requirements of this

 7  chapter are properly qualified to adopt the minor child and

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

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

10  custody of the minor child to the prospective adoptive

11  parents, under the supervision of the adoption entity. If the

12  department is no longer pursuing a termination of parental

13  rights or dependency case over the child, the adoption entity

14  shall thereafter provide monthly supervision reports to the

15  court, only if required, department until finalization of the

16  adoption.

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

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

19  child to the prospective adoptive parent selected by the birth

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

21  the birth parent to determine an appropriate placement for the

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

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

24  and the importance of maintaining sibling relationships, if

25  possible.

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

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

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

29  notifying the adoption entity in writing by certified United

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

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

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

 2  United States Postal Service accepts certified mail for

 3  delivery.

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

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

 6  to withdraw consent to adoption, the adoption entity must

 7  contact the prospective adoptive parent to arrange a time

 8  certain for the adoption entity to regain physical custody of

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

10  adoption entity, the court determines in written findings that

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

12  physical custody of the child immediately before placing the

13  child for adoption withdrawing consent may endanger the minor,

14  or that the person who desires to withdraw consent to the

15  adoption would not be required to consent to the adoption, or

16  has been determined to have abandoned the child, or may

17  otherwise be subject to the consent being waived under this

18  chapter.

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

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

21  continued placement of the minor. The order shall direct

22  continued placement with the prospective adoptive parents

23  pending further proceedings if they desire continued

24  placement. If the prospective adoptive parents do not desire

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

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

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

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

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

30  appropriate, whether an investigation by the department is

31  

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 1  recommended, and whether a relative is available for the

 2  temporary placement.

 3         (d)  If the person withdrawing a required consent

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

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

 6  scientific testing, the court may order scientific paternity

 7  testing upon a showing that the testing is in compliance with

 8  state law and reserve ruling on removal of the minor until the

 9  results of such testing have been filed with the court.

10         (f)  Following the revocation period for withdrawal of

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

12  child with the prospective adoptive parents, whichever occurs

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

14  the consent was obtained by fraud or duress.

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

16  Statutes, is amended to read:

17         63.085  Disclosure by adoption entity.--

18         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

21  for adoption contacts an adoption entity in person or provides

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

23  provide a written disclosure statement to that person if the

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

25  adoption entity is assisting in the effort to terminate the

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

27  with the adoption entity, the written disclosure must be

28  provided within 14 days after that parent is identified and

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

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

31  adoption when that person has sought information or advice

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 1  from the adoption entity regarding the option of adoptive

 2  placement. The written disclosure statement must be in

 3  substantially the following form:

 4                       ADOPTION DISCLOSURE

 5  

 6         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

 7         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

 8         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

 9         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

10         ADOPTION UNDER FLORIDA LAW:

11  

12         1.  The name, address, and telephone number of

13         the adoption entity providing this disclosure

14         is:

15         Name:

16         Address:

17         Telephone Number:

18         2.  The adoption entity does not provide legal

19         representation or advice to birth parents, and

20         birth parents have the right to consult with an

21         attorney of their own choosing to advise them.

22         3.  With the exception of an adoption by a

23         stepparent or relative, a child cannot be

24         placed into a prospective adoptive home unless

25         the prospective adoptive parents have received

26         a favorable preliminary home study, including

27         criminal and child abuse clearances.

28         4.  A valid consent for adoption may not be

29         signed by the birth mother until 48 hours after

30         the birth of the child, or the day the birth

31         mother is notified, in writing, that she is fit

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 1         for discharge from the licensed hospital or

 2         birth center. Any man A putative father may

 3         sign a valid consent for adoption at any time

 4         after the birth of the child.

 5         5.  A consent for adoption signed before the

 6         child attains the age of 6 months is binding

 7         and irrevocable from the moment it is signed

 8         unless it can be proven in court that the

 9         consent was obtained by fraud or duress. A

10         consent for adoption signed after the child

11         attains the age of 6 months is valid from the

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

13         until the child is placed in an adoptive home,

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

15         whichever period is longer.

16         6.  A consent for adoption is not valid if the

17         signature of the person who signed the consent

18         was obtained by fraud or duress.

19         7.  There are alternatives to adoption,

20         including foster care, relative care, and

21         parenting the child. There may be services and

22         sources of financial assistance in the

23         community available to birth parents if they

24         choose to parent the child.

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

26         witness of his or her choice, who is

27         unconnected with the adoption entity or the

28         adoptive parents, to be present and witness the

29         signing of the consent or affidavit of

30         nonpaternity.

31  

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 1         9.  A birth parent 14 years of age or younger

 2         must have a parent, legal guardian, or

 3         court-appointed guardian ad litem to assist and

 4         advise the birth parent as to the adoption

 5         plan.

 6         10.  A birth parent has a right to receive

 7         supportive counseling from a counselor, social

 8         worker, physician, clergy, or attorney, and

 9         such counseling would be beneficial to the

10         birth parent.

11         11.  The payment of living or medical expenses

12         by the prospective adoptive parents prior to

13         the birth of the child does not, in any way,

14         obligate the birth parent to sign the consent

15         for adoption.

16  

17         Section 12.  Section 63.087, Florida Statutes, is

18  amended to read:

19         63.087  Proceeding to terminate parental rights pending

20  adoption; general provisions.--

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

22  competent to decide child welfare or custody matters has

23  jurisdiction to hear all matters arising from a proceeding to

24  terminate parental rights pending adoption.

25         (2)  VENUE.--

26         (a)  A petition to terminate parental rights pending

27  adoption must be filed:

28         1.  In the county where the child resides;

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

30  Florida, in the county where the adoption entity is located;

31  

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 1         2.3.  In the county where the adoption entity is

 2  located; or

 3         3.4.  If neither parent resides in the state, in the

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

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

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

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

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

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

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

11  in which the court shall determine whether that parent intends

12  to assert legally recognized grounds to contest a termination

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

14  transfer venue to a proper venue under this subsection the

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

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

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

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

19  contest a termination of parental rights.

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

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

22  

23  For purposes of the hearing under this subsection, witnesses

24  located in another jurisdiction may testify by deposition or

25  testify by telephone, audiovisual means, or other electronic

26  means before a designated court or at another location.

27  Documentary evidence transmitted from another location by

28  technological means that do not produce an original writing

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

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

31  

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 1  otherwise prescribe the manner in which and the terms upon

 2  which the testimony is taken.

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

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

 5  enters the judgment terminating parental rights pending

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

 7  relatives, adult adoptions, or adoptions of stepchildren shall

 8  not be required to file a separate termination of parental

 9  rights proceeding pending adoption. In such cases, the

10  petitioners may file a joint petition for termination of

11  parental rights and adoption, attaching all required consents,

12  affidavits, notices, and acknowledgments shall be attached to

13  the petition for adoption or filed separately in the adoption

14  proceeding. All provisions of this chapter apply to these

15  joint petitions unless otherwise provided by law.

16         (4)  PETITION.--

17         (a)  A proceeding seeking to terminate parental rights

18  pending adoption under pursuant to this chapter must be

19  initiated by the filing of an original petition after the

20  birth of the minor.

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

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

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

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

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

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

27  such consent must be filed with the petition.

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

29  the Termination of Parental Rights for the Proposed Adoption

30  of a Minor Child."

31  

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 1         (d)  The petition to terminate parental rights pending

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

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

 4  petition. A written consent to adoption, affidavit of

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

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

 7  63.062, must be executed and attached.

 8         (e)  The petition must include:

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

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

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

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

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

14  whose adoptive name appears on the original birth certificate,

15  the adoptive name may shall not be included in the petition

16  or, nor shall it be included elsewhere in the termination of

17  parental rights proceeding unless the proceedings are filed

18  according to s. 63.102(6).

19         2.  All information required by the Uniform Child

20  Custody Jurisdiction and Enforcement Act and the Indian Child

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

22  parents, which shall be kept confidential as required by s.

23  63.163.

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

25  which the petition is based.

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

27  adoption entity seeking to place the minor for adoption.

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

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

30  filed.

31  

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 1         6.  A certification of compliance with the requirements

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

 3  adoption.

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

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

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

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

 8  person who executed a whose consent to adoption or affidavit

 9  of nonpaternity has been provided but who has not waived

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

11  also upon any person whose consent to adoption is required

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

13  affidavit of nonpaternity.

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

15  petition or any pleading requiring an answer shall be timely

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

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

18  on the petition constitutes grounds upon which the court may

19  terminate parental rights. Failure to appear at the hearing

20  constitutes grounds upon which the court may terminate

21  parental rights. The petitioner shall provide notice of the

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

23  served with the summons and petition for termination of

24  parental rights within the specified time periods.

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

26  person present at the hearing to terminate parental rights

27  pending adoption whose consent to adoption is required under

28  s. 63.062 must:

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

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

31  person may consult with an attorney; and

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

 2  allegations in the petition.

 3         Section 13.  Subsections (2), (3), (5), and (6) of

 4  section 63.088, Florida Statutes, are amended to read:

 5         63.088  Proceeding to terminate parental rights pending

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

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

 8  INITIATE IDENTIFICATION OF LOCATION PROCEDURES.--When the

 9  location of a person whose consent to an adoption is required

10  but is unknown not known, the adoption entity must begin the

11  inquiry and diligent search process required by this section

12  within a reasonable time period after the date on which the

13  person seeking to place a minor for adoption has evidenced in

14  writing to the adoption entity a desire to place the minor for

15  adoption with that entity, or not later than 30 days after the

16  date any money is provided as permitted under this chapter by

17  the adoption entity for the benefit of the person seeking to

18  place a minor for adoption.

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

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

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

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

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

24  whose location and identity have been determined by compliance

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

26  pursuant to chapter 48, at least 20 days before the hearing

27  with a copy of the summons and a copy of the petition to

28  terminate parental rights pending adoption as provided under

29  s. 63.087(5) and with notice in substantially the following

30  form:

31                  NOTICE OF PETITION AND HEARING

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 1                   TO TERMINATE PARENTAL RIGHTS

 2                         PENDING ADOPTION

 3  

 4         A petition to terminate parental rights pending

 5         adoption has been filed. A copy of the petition

 6         is being served with this notice. There will be

 7         a hearing on the petition to terminate parental

 8         rights pending adoption on (date) at (time)

 9         before (judge) at (location, including complete

10         name and street address of the courthouse). The

11         court has set aside (amount of time) for this

12         hearing.

13  

14         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

15         TO TIMELY FILE A WRITTEN RESPONSE TO THE

16         PETITION AND THIS NOTICE WITH THE COURT AND OR

17         TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS

18         UPON WHICH THE COURT SHALL END ANY PARENTAL

19         RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE

20         MINOR CHILD.

21  

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

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

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

25  not executed a consent to adoption or an affidavit of

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

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

28  diligent search for that person which must include inquiries

29  concerning:

30  

31  

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

 2  address, through an inquiry of the United States Postal

 3  Service through the Freedom of Information Act;

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

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

 6         (c)  Regulatory agencies, including those regulating

 7  professional licensing in the area where the person last

 8  resided;

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

10  such can be reasonably obtained from the petitioner or other

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

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

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

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

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

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

17  last resided;

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

19  where the person last resided;

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

21  person last resided;

22         (i)  Department of Corrections records in the state

23  where the person last resided;

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

25  resided;

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

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

28  where the person last resided;

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

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

31  

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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 a an identified

31  

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 1  birth father whose consent is not required under pursuant to

 2  ss. 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 with

 9  restoration of competency found to be medically improbable;

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

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

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

13  after examination of his or her written reasons for

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

15  his or her consent unreasonably;

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

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

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

19  the withholding of consent, to be unreasonably withholding his

20  or her consent; or

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

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

23  the adoption is excused by reason of prolonged and unexplained

24  absence, unavailability, incapacity, or circumstances that are

25  found by the court to constitute unreasonable withholding of

26  consent.

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

28  resulting in a termination of parental rights must be based

29  upon clear and convincing evidence that a parent or person

30  having legal custody has abandoned the child in accordance

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

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 1  abandonment may be based upon emotional abuse or a refusal to

 2  provide reasonable financial support, when able, to a birth

 3  mother during her pregnancy. If, in the opinion of the court,

 4  the efforts of a parent or person having legal custody of the

 5  child to support and communicate with the child are only

 6  marginal efforts that do not evince a settled purpose to

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

 8  be abandoned. In making this decision, the court may consider

 9  the conduct of a father toward the child's mother during her

10  pregnancy.

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

12  hearing for termination of parental rights under pursuant to

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

14  factors not inconsistent with this section:

15         1.  Whether the actions alleged to constitute

16  abandonment demonstrate a willful disregard for the safety or

17  welfare of the child or unborn child;

18         2.  Whether the person alleged to have abandoned the

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

20         3.  Whether the person alleged to have abandoned the

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

22  and

23         4.  Whether the amount of support provided or medical

24  expenses paid was appropriate, taking into consideration the

25  needs of the child and relative means and resources available

26  to the person alleged to have abandoned the child.

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

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

29  or federal correctional institution and:

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

31  is expected to be incarcerated will constitute a significant

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

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

 3         2.  The incarcerated parent has been determined by the

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

 5  775.084, a habitual violent felony offender as defined in s.

 6  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

 9  782.04 or a sexual battery that constitutes a capital, life,

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

11  convicted of an offense in another jurisdiction which is

12  substantially similar to one of the offenses listed in this

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

14  similar offense" means any offense that is substantially

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

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

17  other jurisdiction, whether that of another state, the

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

19  territory thereof, or any foreign jurisdiction; or

20         3.  The court determines by clear and convincing

21  evidence that continuing the parental relationship with the

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

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

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

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

26  by clear and convincing evidence that parental rights of a

27  parent should be terminated pending adoption, the court must

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

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

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

31  support of the dismissal, including findings as to the

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

 2  abandonment. Parental rights may not be terminated based upon

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

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

 5  nonpaternity that the court finds was obtained by fraud or

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

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

 8  may order scientific testing to determine the paternity of the

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

10  the minor, upon a showing that the testing is in compliance

11  with state law. Further proceedings, if any, regarding the

12  minor must be brought in a separate custody action under

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

14  paternity action under chapter 742.

15         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

16  ADOPTION.--

17         (a)  The judgment terminating parental rights pending

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

19  the grounds for terminating parental rights pending adoption.

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

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

22  execute a certificate of the such mailing.

23         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

24  RIGHTS.--

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

26  parental rights must be filed with the court originally

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

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

29  the judgment terminating parental rights.

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

31  under this subsection, the court must conduct a preliminary

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

 2  between a parent and the child pending resolution of the

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

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

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

 6  must be issued in writing as expeditiously as possible and

 7  must state with specificity the terms any provisions regarding

 8  contact with persons other than those with whom the child

 9  resides.

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

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

12  scientific testing to determine the paternity of the minor if

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

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

15  fact has not previously been determined by legitimacy or

16  scientific testing, and if the testing is in compliance with

17  state law. The court may order visitation with a person for

18  whom scientific testing for paternity has been ordered and who

19  has previously established a bonded relationship with the

20  child.

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

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

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

24  filing and enter its written order as expeditiously as

25  possible thereafter.

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

27  records pertaining to a petition to terminate parental rights

28  pending adoption are related to the subsequent adoption of the

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

30  confidentiality provisions of this chapter do not apply to the

31  

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 1  extent information regarding persons or proceedings must be

 2  made available as specified under s. 63.088.

 3         Section 15.  Section 63.092, Florida Statutes, is

 4  amended to read:

 5         63.092  Report to the court of intended placement by an

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

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

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

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

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

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

12  minor is placed in the home or within 2 business days 48 hours

13  thereafter. Failure to file the report of intended placement

14  within 2 business days does not constitute grounds to deny the

15  petition for termination of parental rights or adoption if the

16  report is subsequently filed and no party is prejudiced by the

17  failure to file the report in a timely manner.

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

19  prospective adoptive home before the parental rights of the

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

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

22  placement, the prospective adoptive parents must acknowledge

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

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

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

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

27  prospective adoptive home by the adoption entity or by court

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

29  adoption.

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

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

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

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

 3  psychologist, clinical social worker, marriage and family

 4  therapist, or mental health counselor qualified and licensed

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

 6  adoptive parent resides professional, or agency described in

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

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

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

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

11  The department is required to perform the preliminary home

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

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

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

15  county where the prospective adoptive parents reside. The

16  preliminary home study must be made to determine the

17  suitability of the intended adoptive parents and may be

18  completed before prior to identification of a prospective

19  adoptive minor. A favorable preliminary home study is valid

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

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

22  intended adoptive parents who were the subject of the home

23  study. A minor may not be placed in an intended adoptive home

24  before a favorable preliminary home study is completed unless

25  the adoptive home is also a licensed foster home under s.

26  409.175. The preliminary home study must include, at a

27  minimum:

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

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

30  registry and criminal records correspondence checks under

31  

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 1  pursuant to s. 435.045 through the Department of Law

 2  Enforcement on the intended adoptive parents;

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

 4  home;

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

 6  intended adoptive parents;

 7         (e)  Documentation of counseling and education of the

 8  intended adoptive parents on adoptive parenting;

 9         (f)  Documentation that information on adoption and the

10  adoption process has been provided to the intended adoptive

11  parents;

12         (g)  Documentation that information on support services

13  available in the community has been provided to the intended

14  adoptive parents; and

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

16  signed acknowledgment of receipt of disclosure required by s.

17  63.085.

18  

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

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

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

22  study is unfavorable. If the preliminary home study is

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

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

25  court to determine the suitability of the intended adoptive

26  home. A determination as to suitability under this subsection

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

28  hearing. In determining the suitability of the intended

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

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

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

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

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

 3         Section 16.  Subsections (1), (2), (3), and (6) of

 4  section 63.102, Florida Statutes, are amended to read:

 5         63.102  Filing of petition for adoption or declaratory

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

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

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

 9  decree terminating parental rights pending adoption under this

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

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

12  of a judgment terminating parental rights under chapter 39.

13  After a judgment terminating parental rights has been entered,

14  a proceeding for adoption may be commenced by filing a

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

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

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

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

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

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

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

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

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

24  declaratory statement as to the adoption contract may shall be

25  filed in the county where the petition for termination of

26  parental rights was granted, in unless the court, in

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

28  where the petitioner or petitioners or the minor resides, or

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

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

31  jurisdiction over the matter until a final judgment is entered

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 1  on the adoption. The Uniform Child Custody Jurisdiction and

 2  Enforcement Act does not apply until a final judgment is

 3  entered on the adoption.

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

 5  cases in which the minor child was placed by the department,

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

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

 8  after entry of the final judgment terminating parental rights.

 9         (6)  STEPCHILD, RELATIVE, AND ADULT

10  ADOPTIONS.--Petitions for the adoption of a stepchild, a

11  relative, or an adult may shall not require the filing of a

12  separate judgment or separate proceeding terminating parental

13  rights pending adoption. The final judgment of adoption has

14  shall have the effect of terminating parental rights

15  simultaneously with the granting of the decree of adoption.

16         Section 17.  Subsection (2) of section 63.112, Florida

17  Statutes, is amended to read:

18         63.112  Petition for adoption; description; report or

19  recommendation, exceptions; mailing.--

20         (2)  The following documents are required to be filed

21  with the clerk of the court at the time the petition is filed:

22         (a)  A certified copy of the court judgment terminating

23  parental rights under chapter 39 or under this chapter or, if

24  the adoptee is an adult or a minor relative or stepchild of

25  the petitioner, the required consent, unless the such consent

26  is excused by the court.

27         (b)  The favorable preliminary home study of the

28  department, licensed child-placing agency, or professional

29  under pursuant to s. 63.092, as to the suitability of the home

30  in which the minor has been placed, unless the petitioner is a

31  stepparent or a relative.

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 1         (c)  A copy of any declaratory statement previously

 2  entered by the court under pursuant to s. 63.102.

 3         (d)  Documentation that an interview was held with the

 4  minor, if older than 12 years of age, unless the court, in the

 5  best interest of the minor, dispenses with the minor's consent

 6  under s. 63.062(1)(c).

 7         Section 18.  Subsection (3) of section 63.122, Florida

 8  Statutes, is amended to read:

 9         63.122  Notice of hearing on petition.--

10         (3)  Upon a showing by the petitioner that the privacy,

11  safety, or and welfare of the petitioner, parent, or minor may

12  be endangered, the court may order the names, addresses, or

13  other identifying information of the petitioner, parent, or

14  minor, or all both, to be deleted from the notice of hearing

15  and from the copy of the petition attached thereto, provided

16  the substantive rights of any person will not thereby be

17  affected.

18         Section 19.  Subsections (1) and (4) of section 63.125,

19  Florida Statutes, are amended to read:

20         63.125  Final home investigation.--

21         (1)  The final home investigation must be conducted

22  before the adoption becomes final. The investigation may be

23  conducted by a licensed child-placing agency or a licensed

24  professional qualified to conduct home studies in the same

25  manner as provided in s. 63.092 to ascertain whether the

26  adoptive home is a suitable home for the minor and whether the

27  proposed adoption is in the best interest of the minor. Unless

28  directed by the court, an investigation and recommendation are

29  not required if the petitioner is a stepparent or if the minor

30  is related to one of the adoptive parents within the third

31  degree of consanguinity. The department is required to perform

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 1  the home investigation only if there is no licensed

 2  child-placing agency or professional under pursuant to s.

 3  63.092 in the county in which the prospective adoptive parent

 4  resides.

 5         (4)  The department, the licensed child-placing agency,

 6  or the professional making the required investigation may

 7  request other state agencies, licensed professionals qualified

 8  to conduct a home study, or child-placing agencies within or

 9  outside this state to make investigations of designated parts

10  of the inquiry and to make a written report to the department,

11  the professional, or other person or agency.

12         Section 20.  Subsection (4) of section 63.132, Florida

13  Statutes, is amended to read:

14         63.132  Affidavit of expenses and receipts.--

15         (4)  This section does not apply to an adoption by a

16  stepparent or an adoption of a relative or adult, does not

17  apply to the finalization of an adoption of a minor whose

18  parental rights were terminated under chapter 39, and does not

19  apply to the recognition of an adoption decree of a minor

20  child adopted in a foreign country.

21         Section 21.  Subsection (1) of section 63.135, Florida

22  Statutes, is amended to read:

23         63.135  Information under oath to be submitted to the

24  court.--

25         (1)  The adoption entity or petitioner must file an

26  affidavit under the Uniform Child Custody Jurisdictional and

27  Enforcement Act in a termination of parental rights Each party

28  in an adoption proceeding, in the first pleading or in an

29  affidavit attached to that pleading, shall give information

30  under oath as to the child's present address, the places where

31  the child has lived within the last 5 years, and the names and

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 1  present addresses of the persons with whom the child has lived

 2  during that period. In the pleading or affidavit each party

 3  shall further declare under oath whether:

 4         (a)  The party has participated as a party or witness

 5  or in any other capacity in any other litigation concerning

 6  the custody of the same child in this or any other state;

 7         (b)  The party has information of any custody

 8  proceeding concerning the child pending in a court of this or

 9  any other state; and

10         (c)  The party knows of any person not a party to the

11  proceedings who has physical custody of the child or claims to

12  have custody or visitation rights with respect to the child.

13         Section 22.  Subsections (3) and (4) of section 63.142,

14  Florida Statutes, are amended to read:

15         63.142  Hearing; judgment of adoption.--

16         (3)  DISMISSAL.--

17         (a)  If the petition is dismissed, further proceedings,

18  if any, regarding the minor must be brought in a separate

19  custody action under chapter 61, a dependency action under

20  chapter 39, or a paternity action under chapter 742 the court

21  shall determine the person that is to have custody of the

22  minor.

23         (b)  If the petition is dismissed, the court shall

24  state with specificity the reasons for the dismissal.

25         (4)  JUDGMENT.--At the conclusion of the hearing, after

26  the court determines that the date for a parent to file an

27  appeal of a valid judgment terminating that parent's parental

28  rights has passed and no appeal, under pursuant to the Florida

29  Rules of Appellate Procedure, is pending and that the adoption

30  is in the best interest of the person to be adopted, a

31  judgment of adoption shall be entered. A judgment terminating

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 1  parental rights pending adoption is voidable and any later

 2  judgment of adoption of that minor is voidable if, upon a

 3  parent's motion for relief from judgment, the court finds that

 4  the adoption fails to meet the requirements of this chapter.

 5  The motion must be filed within a reasonable time, but not

 6  later than 1 year after the date the judgment terminating

 7  parental rights was entered.

 8         Section 23.  Section 63.152, Florida Statutes, is

 9  amended to read:

10         63.152  Application for new birth record.--Within 30

11  days after entry of a judgment of adoption, the clerk of the

12  court shall transmit a certified statement of the entry to the

13  state registrar of vital statistics in the state where the

14  adoptee was born on a form provided by the Florida registrar.

15  A new birth record containing the necessary information

16  supplied by the certificate shall be issued by the registrar

17  on application of the adopting parents or the adopted person.

18         Section 24.  Subsections (1), (3), (4), and (7) of

19  section 63.162, Florida Statutes, are amended, and subsection

20  (8) is added to that section, to read:

21         63.162  Hearings and records in adoption proceedings;

22  confidential nature.--

23         (1)  All hearings held in proceedings under this

24  chapter act shall be held in closed court without admittance

25  of any person other than essential officers of the court, the

26  parties, witnesses, counsel, persons who have not consented to

27  the adoption and are required to consent, and representatives

28  of the agencies who are present to perform their official

29  duties.

30         (3)  The court files, records, and papers in the

31  adoption of a minor shall be indexed only in the name of the

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 1  petitioner, and the name of the petitioner and the minor may

 2  shall not be noted on any docket, index, or other record

 3  outside the court file, except that closed agency files may be

 4  cross-referenced in the original and adoptive names of the

 5  minor.

 6         (4)  A person may not disclose from the records the

 7  name and identity of a birth parent, an adoptive parent, or an

 8  adoptee unless:

 9         (a)  The birth parent authorizes in writing the release

10  of his or her name and files the release with the adoption

11  entity, an adoption reunion registry, the department, or the

12  court;

13         (b)  The adoptee, if 18 or more years of age,

14  authorizes in writing the release of his or her name; or, if

15  the adoptee is less than 18 years of age, written consent to

16  disclose the adoptee's name is obtained from an adoptive

17  parent;

18         (c)  The adoptive parent authorizes in writing the

19  release of his or her name; or

20         (d)  Upon order of the court for good cause shown. In

21  determining whether good cause exists, the court shall give

22  primary consideration to the best interests of the adoptee,

23  but must also give due consideration to the interests of the

24  adoptive and birth parents. Factors to be considered in

25  determining whether good cause exists include, but are not

26  limited to:

27         1.  The reason the information is sought;

28         2.  The existence of means available to obtain the

29  desired information without disclosing the identity of the

30  birth parents, such as by having the court, a person appointed

31  by the court, the department, or the licensed child-placing

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 1  agency contact the birth parents and request specific

 2  information;

 3         3.  The desires, to the extent known, of the adoptee,

 4  the adoptive parents, and the birth parents;

 5         4.  The age, maturity, judgment, and expressed needs of

 6  the adoptee; and

 7         5.  The recommendation of the department, licensed

 8  child-placing agency, or professional which prepared the

 9  preliminary study and home investigation, or the department if

10  no such study was prepared, concerning the advisability of

11  disclosure.

12         (7)  The court may, upon petition of an adult adoptee,

13  or the adoptive parents if the adoptee is less than 18 years

14  of age, for good cause shown, appoint an intermediary or a

15  licensed child-placing agency to contact a birth parent to who

16  has not registered with the adoption registry pursuant to s.

17  63.165 and advise him or her them of the adoptee's request to

18  open the file or the adoption registry, and offer the birth

19  parent the opportunity to waive confidentiality and consent to

20  the opening of his or her records availability of same.

21         (8)  As a result of any proceeding under s. 382.015,

22  this section, or any other proceeding to unseal an original

23  birth certificate, the Department of Health may release an

24  original sealed birth certificate only to the department. The

25  department must make a written request for the birth

26  certificate from the Department of Health within 10 days after

27  the department's receipt of an order or other documentation

28  authorizing unsealing of the original birth certificate. Upon

29  receipt of the department's request, the Department of Health

30  shall release the original sealed birth certificate to the

31  department in a manner that will ensure confidentiality.

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 1         Section 25.  Paragraph (c) of subsection (1) of section

 2  63.172, Florida Statutes, is amended to read:

 3         63.172  Effect of judgment of adoption.--

 4         (1)  A judgment of adoption, whether entered by a court

 5  of this state, another state, or of any other place, has the

 6  following effect:

 7         (c)  Except for rights of inheritance, It creates the

 8  relationship between the adopted person and the petitioner and

 9  all relatives of the petitioner that would have existed if the

10  adopted person were a blood descendant of the petitioner born

11  within wedlock. This relationship shall be created for all

12  purposes, including the rights of inheritance and

13  applicability of statutes, documents, and instruments, whether

14  executed before or after entry of the adoption judgment, that

15  do not expressly exclude an adopted person from their

16  operation or effect.

17         Section 26.  Section 63.182, Florida Statutes, is

18  amended to read:

19         63.182  Statute of repose.--

20         (1)  Notwithstanding s. 95.031 or s. 95.11 or any other

21  statute, an action or proceeding of any kind to vacate, set

22  aside, or otherwise nullify a judgment of adoption or an

23  underlying judgment terminating parental rights on any ground

24  may not be filed more than 1 year after entry of the judgment

25  terminating parental rights.

26         (2)(a)  Except for the specific persons expressly

27  entitled to be given notice of an adoption in accordance with

28  this chapter, the interest which gives a person standing to

29  set aside an adoption must be direct, financial, and

30  immediate, and the person must show that he or she will gain

31  or lose by the direct legal operation and effect of the

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 1  judgment. A showing of an indirect, inconsequential, or

 2  contingent interest is wholly inadequate, and a person with

 3  this indirect interest lacks standing to set aside a judgment

 4  of adoption.

 5         (b)  This subsection is remedial and applies to all

 6  adoptions, including those in which a judgment of adoption has

 7  already been entered.

 8         Section 27.  Section 63.192, Florida Statutes, is

 9  amended to read:

10         63.192  Recognition of foreign judgment affecting

11  adoption.--A judgment of court terminating the relationship of

12  parent and child or establishing the relationship by adoption

13  issued under pursuant to due process of law by a court or

14  governmentally authorized body of any other jurisdiction

15  within or without the United States shall be recognized in

16  this state, and the rights and obligations of the parties on

17  matters within the jurisdiction of this state shall be

18  determined as though the judgment were issued by a court of

19  this state. When a minor child has been made available for

20  adoption in a foreign state or foreign country and the

21  parental rights of the minor child's parent have been

22  terminated, or the child has been declared to be abandoned or

23  orphaned, no additional termination of parental rights

24  proceeding need occur, and the parties may proceed to a

25  judicial finalization of the adoption according to the

26  procedures set forth in this chapter.

27         Section 28.  Section 63.207, Florida Statutes, is

28  amended to read:

29         63.207  Out-of-state placement.--

30         (1)  Unless the parent placing a minor for adoption

31  files an affidavit that the parent chooses to place the minor

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 1  outside the state, giving the reason for that placement, or

 2  the minor is to be placed with a relative or with a

 3  stepparent, or the minor is a special needs child, as defined

 4  in s. 409.166, or for other good cause shown, an adoption

 5  entity may not:

 6         (a)  Take or send a minor out of the state for the

 7  purpose of placement for adoption; or

 8         (b)  Place or attempt to place a minor for the purpose

 9  of adoption with a family who primarily lives and works

10  outside Florida in another state. If an adoption entity is

11  acting under this subsection, the adoption entity must file a

12  petition for declaratory statement under pursuant to s. 63.102

13  for prior approval of fees and costs. The court shall review

14  the costs under pursuant to  s. 63.097. The petition for

15  declaratory statement may must be consolidated with converted

16  to a petition for an adoption upon placement of the minor in

17  the home. When a minor is placed for adoption with prospective

18  adoptive parents who primarily live and work outside this

19  state, the circuit court in this state may retain jurisdiction

20  over the matter until the adoption becomes final. The

21  prospective adoptive parents may finalize the adoption in this

22  state or their home state.

23         (2)  An adoption entity may not counsel a birth mother

24  to leave the state for the purpose of giving birth to a child

25  outside the state in order to secure a fee in excess of that

26  permitted under s. 63.097 when it is the intention that the

27  child is to be placed for adoption outside the state.

28         (3)  When applicable, the Interstate Compact on the

29  Placement of Children authorized in s. 409.401 shall be used

30  in placing children outside the state for adoption.

31  

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 1         Section 29.  Paragraphs (b), (c), (f), and (g) of

 2  subsection (1) and subsections (2) and (7) of section 63.212,

 3  Florida Statutes, are amended to read:

 4         63.212  Prohibited acts; penalties for violation.--

 5         (1)  It is unlawful for any person:

 6         (b)  Except an adoption entity, to place or attempt to

 7  place within the state a minor for adoption unless the minor

 8  is placed with a relative or with a stepparent. This

 9  prohibition, however, does not apply to a person who is

10  placing or attempting to place a minor for the purpose of

11  adoption with the adoption entity.

12         (c)  To sell or surrender, or to arrange for the sale

13  or surrender of, a minor to another person for money or

14  anything of value or to receive a such minor child for a such

15  payment or thing of value. If a minor is being adopted by a

16  relative or by a stepparent, or is being adopted through an

17  adoption entity, this paragraph does not prohibit the person

18  who is contemplating adopting the child from paying, under ss.

19  63.097 and 63.132, the actual prenatal care and living

20  expenses of the mother of the child to be adopted, or from

21  paying, under ss. 63.097 and 63.132, the actual living and

22  medical expenses of the such mother under these sections for a

23  reasonable time, not to exceed 6 weeks, if medical needs

24  require such support, after the birth of the minor.

25         (f)  Except an adoption agency or intermediary entity,

26  to charge or accept any fee or compensation of any nature from

27  anyone for making a referral in connection with an adoption or

28  for providing adoption services, facilitating, matching, or

29  placement services.

30         (g)  Except an adoption agency or intermediary entity,

31  to advertise or offer to the public, in any way, by any medium

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 1  whatever that a minor is available for adoption or that a

 2  minor is sought for adoption; and, further, it is unlawful for

 3  any person to publish or broadcast any such advertisement

 4  without including a Florida license number of the agency or

 5  attorney placing the advertisement.

 6         (2)(a)  It is unlawful for any person under this

 7  chapter to:

 8         1.  Knowingly provide false information; or

 9         2.  Knowingly withhold material information.

10         (b)  It is unlawful for a parent, with the intent to

11  defraud, to accept benefits related to the same pregnancy from

12  more than one adoption entity without disclosing that fact to

13  each entity.

14         (c)  It is unlawful for any person who knows that the

15  parent whose rights are to be terminated intends to object to

16  said termination to intentionally file the petition for

17  termination of parental rights in a county inconsistent with

18  the required venue under such circumstances.

19  

20  Any person who willfully violates any provision of this

21  subsection commits a misdemeanor of the second degree,

22  punishable as provided in s. 775.082 or s. 775.083. In

23  addition, the such person is liable for damages caused by the

24  such acts or omissions, including reasonable attorney's fees

25  and costs. Damages may be awarded through restitution in any

26  related criminal prosecution or by filing a separate civil

27  action.

28         (7)  It is unlawful for any adoptive parent or adoption

29  entity to obtain a preliminary home study or final home

30  investigation and fail to disclose the existence of the study

31  or investigation to the court when required by law to do so.

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 1         Section 30.  Subsections (4) and (5) and paragraph (c)

 2  of subsection (6) of section 63.213, Florida Statutes, are

 3  amended to read:

 4         63.213  Preplanned adoption agreement.--

 5         (4)  An attorney who represents an intended father and

 6  intended mother or any other attorney with whom that attorney

 7  is associated shall not represent simultaneously a female who

 8  is or proposes to be a volunteer mother in the same any matter

 9  relating to a preplanned adoption agreement or preplanned

10  adoption arrangement.

11         (5)  Payment to agents, finders, and intermediaries,

12  including attorneys and physicians, as a finder's fee for

13  finding volunteer mothers or matching a volunteer mother and

14  intended father and intended mother is prohibited and subject

15  to the penalties and sanctions under 63.212 and 63.219.

16  Doctors, psychologists, attorneys, and other professionals may

17  receive reasonable compensation for their professional

18  services, such as providing medical services and procedures,

19  legal advice in structuring and negotiating a preplanned

20  adoption agreement, or counseling.

21         (6)  As used in this section, the term:

22         (c)  "Fertility technique" means artificial

23  embryonation, artificial insemination, whether in vivo or in

24  vitro, egg donation, or embryo adoption.

25         Section 31.  Section 63.219, Florida Statutes, is

26  amended to read:

27         63.219  Sanctions.--Upon a finding by the court that an

28  adoption entity or any person has willfully violated any

29  substantive provision of this chapter relative to the rights

30  of the parties to the adoption and legality of the adoption

31  process, the court is authorized to prohibit the adoption

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 1  entity or any person from placing a minor for adoption and

 2  enjoin them from engaging in further placement activities in

 3  the future in this state.

 4         Section 32.  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, 2006, shall be governed by the

 9  law in effect at the time the petition was filed.

10         Section 33.  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 adoption

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 adoption 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 34.  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 family foster homes. Once

 7  the department has determined that the standards for

 8  child-caring agencies, child-placing agencies, or family

 9  foster homes are in substantial compliance with minimum

10  standards that similar facilities are required to meet, the

11  standards do not have to be resubmitted to the department

12  unless a change occurs in the standards. Any changes in the

13  standards shall be provided to the department within 10 days

14  of their adoption.

15         (10)

16         (b)  The qualified association shall notify the

17  department when the qualified association finds, within 30

18  days after written notification by registered mail of the

19  requirement for registration, that a person or facility

20  continues to care for children without a certificate of

21  registration. The department shall notify the appropriate

22  state attorney of the violation of law and, if necessary,

23  shall institute a civil suit to enjoin the person or facility

24  from continuing the care or placement of children.

25         (11)

26         (b)  If the department determines that a person or

27  facility is caring for or placing a child without a valid

28  certificate of registration issued by the qualified

29  association or has made a willful or intentional misstatement

30  on any registration application or other document required to

31  be filed in connection with an application for a certificate

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 1  of registration, the qualified association, as an alternative

 2  to or in conjunction with an administrative action against the

 3  such person or facility, shall make a reasonable attempt to

 4  discuss each violation with, and recommend corrective action

 5  to, the person or the administrator of the facility, prior to

 6  written notification thereof.

 7         (14)  Registration under this section, including the

 8  issue of substantial compliance with published minimum

 9  standards that similar licensed child-caring facilities,

10  licensed child-placing agencies, or family foster homes are

11  required to meet, as provided in paragraph (5)(b), is subject

12  to the provisions of chapter 120.

13         Section 35.  Section 742.14, Florida Statutes, is

14  amended to read:

15         742.14  Donation of eggs, sperm, or preembryos, or

16  embryos.--The donor of any egg, sperm, or preembryo, or

17  embryo, other than the commissioning couple or a father who

18  has executed a preplanned adoption agreement under s. 63.212,

19  shall relinquish all maternal or paternal rights and

20  obligations with respect to the donation or the resulting

21  children simultaneously upon the completion of the donation by

22  operation of law. Only reasonable compensation directly

23  related to the donation of eggs, sperm, and preembryos, and

24  embryos shall be permitted.

25         Section 36.  Subsection (2) of section 742.15, Florida

26  Statutes, is amended to read:

27         742.15  Gestational surrogacy contract.--

28         (2)  The commissioning couple shall enter into a

29  contract with a gestational surrogate only when, within

30  reasonable medical certainty as determined by a physician

31  licensed under chapter 458 or chapter 459 or a physician

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 1  licensed under an equivalent law in the physician's state of

 2  practice:

 3         (a)  The commissioning mother cannot physically gestate

 4  a pregnancy to term;

 5         (b)  The gestation will cause a risk to the physical

 6  health of the commissioning mother; or

 7         (c)  The gestation will cause a risk to the health of

 8  the fetus.

 9         Section 37.  Subsections (6) and (7) of section 742.16,

10  Florida Statutes, are amended to read:

11         742.16  Expedited affirmation of parental status for

12  gestational surrogacy.--

13         (6)  The commissioning couple or their legal

14  representative shall appear at the hearing on the petition. At

15  the conclusion of the hearing, after the court has determined

16  that a binding and enforceable gestational surrogacy contract

17  has been executed pursuant to s. 742.15 and that there is no

18  evidence that the gestational surrogate is the genetic mother

19  at least one member of the commissioning couple is the genetic

20  parent of the child, the court shall enter an order stating

21  that the commissioning couple are the legal parents of the

22  child.

23         (7)  When there is no evidence that the gestational

24  surrogate is the genetic mother at least one member of the

25  commissioning couple is the genetic parent of the child, the

26  commissioning couple shall be presumed to be the natural

27  parents of the child.

28         Section 38.  Section 742.18, Florida Statutes, is

29  created to read:

30         742.18  Prohibited fees and acts.--

31  

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 1         (1)  A person or entity, except a licensed physician,

 2  fertility clinic, or attorney, may not:

 3         (a)  Receive compensation in advising or assisting in

 4  donor or gestational carrier arrangements.

 5         (b)  Advertise or offer to the public, in any way, by

 6  any medium whatsoever, that a donor, carrier, or intended

 7  parent is sought for or available for matching or that the

 8  person or entity provides services in the arrangements.

 9         (c)  Publish or broadcast any advertisement except that

10  an intended parent or parents, carrier, or donor seeks a

11  donor, intended parent, or carrier for the person's or

12  entity's own arrangement.

13         (d)  Charge or accept any fee or compensation of any

14  nature to or from anyone for making a referral in connection

15  with a donor or carrier arrangement or for facilitating such

16  an arrangement.

17         (e)  Hold funds in escrow in a donor or gestational

18  carrier arrangement.

19         (f)  Assist in the commission of any act in paragraphs

20  (a)-(e).

21         (2)  A fee, whether denominated as an agent, agency,

22  finder, or facilitator's fee for finding, screening, matching,

23  or facilitating a donor or gestational carrier arrangement,

24  may not be paid to or received by a person other than a

25  licensed physician, a fertility clinic, or an attorney.

26         (3)  A person or entity who violates this section may

27  be enjoined by a court from engaging in these practices in

28  this state.

29         (4)(a)  A person who willfully violates this section

30  commits a misdemeanor of the second degree, punishable as

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 1  provided in s. 775.082 or s. 775.083. Each day of a continuing

 2  violation constitutes a separate offense.

 3         (b)  A person who violates this section is liable for

 4  damages caused by his or her acts or omissions and for

 5  reasonable attorney's fees and costs. Damages may be awarded

 6  through restitution in any related criminal prosecution or by

 7  filing a separate civil action.

 8         Section 39.  This act shall take effect July 1, 2006.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires an adoption entity to diligently search for a
      person whose consent is required for the adoption.
 4    Provides that a judgment of adoption is voidable under
      certain circumstances. Provides that a court in this
 5    state retains jurisdiction until the adoption is
      finalized in this state or in another state. Provides
 6    that if an unmarried biological father fails to take the
      actions to establish a relationship with his child, his
 7    parental interest may be lost. Requires the adoption
      entity to provide certain information to the Department
 8    of Health. Provides that if a putative father fails to
      report a change of address to the Florida Putative Father
 9    Registry, the failure to do so is not a valid defense
      based upon lack of notice. Provides that an adoption
10    agency may file a notice of an intended adoption plan at
      any time before the birth of the child or before placing
11    the child in the adoptive home. Requires an adoption
      entity to make a good faith effort to locate the putative
12    father. Specifies when an adoption entity has no further
      obligation to search for the putative father. Locates the
13    proper venue in which to file a petition to terminate
      parental rights. Provides that notice and consent
14    provisions do not apply in certain cases. Limits
      revocation of a consent to adopt to 3 days if the child
15    is older than 6 months of age. Authorizes a court to
      transfer a child to the prospective adoptive parents
16    under certain circumstances. Provides procedures to
      terminate parental rights pending an adoption. Requires a
17    person to answer the petition and to appear at the
      hearing for termination of parental rights. Requires the
18    court to conduct an inquiry concerning the father of the
      child who is to be adopted. Requires that certain
19    scientific testing to determine paternity complies with
      state law. Provides that the failure to file the adoption
20    report of its intended placement does not constitute
      grounds to deny the petition for termination of parental
21    rights or adoption. Identifies additional individuals who
      may perform a home study. Revises provisions requiring
22    that a certified copy of a judgment terminating parental
      rights be filed at the time the petition is filed.
23    Provides that certain information may be removed from the
      petition. Provides that certain licensed professionals
24    may conduct the final home investigation. Requires the
      adoption entity or petitioner to file an affidavit under
25    the Uniform Child Custody Jurisdictional and Enforcement
      Act. Requires the clerk of court to transmit a certified
26    statement of the adoption to the state where the child
      was born. Authorizes the birth parent to release his or
27    her name under certain circumstances. Authorizes a court
      to permit certain entities to contact a birth parent for
28    certain purposes. Provides requirements for the release
      of an original sealed birth certificate. Grants rights of
29    inheritance when a judgment of adoption has been entered.
      Provides that the interest that gives a person standing
30    to set aside an adoption must be direct, financial, and
      immediate. Requires the courts of this state to recognize
31    decrees of termination of parental rights and adoptions
      from other states and countries. Prohibits an attorney
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 1    from representing the volunteer mother and the intended
      mother in a pre-planned adoption arrangement. Provides
 2    penalties and sanctions for payment of finder's fees in
      certain pre-planned adoption agreements. Redefines the
 3    term "fertility technique." Provides for participation by
      adoption intermediaries in the adoption program for
 4    special needs children administered by the Department of
      Children and Family Services. Provides that licensing
 5    provisions do not apply to certain licensed child-placing
      agencies. Provides that an embryo donor relinquishes all
 6    parental rights and obligations to the embryo or the
      resulting children at the time of the donation.
 7    Authorizes a physician to advise a commissioning couple
      concerning a gestational surrogate. Revises requirements
 8    for affirmation of parental status for gestational
      surrogacy. Prohibits a person or entity, except certain
 9    named persons, from doing certain specified acts or from
      accepting a fee for finding, screening, matching, or
10    facilitating a donor or gestational carrier arrangement.
      (See bill for details.)
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