HB 599

1	A bill to be entitled
2	An act relating to adoption; amending s. 49.011, F.S.;
3	providing for service of process by publication for
4	termination of parental rights under ch. 63, F.S.;
5	amending s. 63.022, F.S.; revising legislative intent
6	concerning cooperation between the Department of Children
7	and Family Services and private adoption entities;
8	amending s. 63.032, F.S.; redefining terms and defining
9	the term "primarily lives and works in Florida"; amending
10	s. 63.039, F.S.; requiring an adoption entity to provide
11	adoption disclosure forms to persons whose consent is
12	required for adoption; amending s. 63.0423, F.S.;
13	providing that a judgment of adoption is voidable under
14	certain circumstances involving provision of false
15	information; amending s. 63.0425, F.S.; providing a
16	grandparent's right to notice; amending s. 63.052, F.S.;
17	revising conditions for placement of a minor with an
18	adoption entity; providing that a court in this state
19	retains jurisdiction until the adoption is finalized
20	within or outside this state; amending s. 63.053, F.S.;
21	providing that if an unmarried biological father fails to
22	take the actions that are available to him to establish a
23	relationship with his child, his parental interest may be
24	lost entirely; amending s. 63.054, F.S.; providing that an
25	unmarried biological father who fails to register
26	paternity prior to the filing of a petition for
27	termination of parental rights may not file a paternity
28	claim under ch. 742, F.S.; providing that if an unmarried
29	biological father fails to report a change of address to
30	the Florida Putative Father Registry, the failure is not a
31	valid defense based upon lack of notice and the adoption
32	entity or adoption petitioner is not obligated to search
33	further for the registrant; requiring a petitioner in a
34	proceeding in which parental rights are terminated
35	simultaneously with entry of final judgment of adoption to
36	provide certain notice to the Office of Vital Statistics
37	of the Department of Health; providing procedures for a
38	search of the Florida Putative Father Registry when
39	termination of parental rights and an adoption proceeding
40	are adjudicated separately; amending s. 63.062, F.S.;
41	revising provisions relating to service of notice to the
42	father of a minor under certain circumstances; revising
43	requirements for an unmarried biological father to be
44	determined to have a substantial relationship with the
45	child; providing that an adoption agency may file a notice
46	of an intended adoption plan at any time before the birth
47	of the child or before placing the child in the adoptive
48	home; providing for the proper venue to file a petition to
49	terminate parental rights; amending s. 63.063, F.S.;
50	revising provisions relating to responsibilities of each
51	party pertaining to fraudulent actions; amending s.
52	63.082, F.S.; providing that notice and consent provisions
53	do not apply in cases in which the child was conceived as
54	a result of a violation of certain criminal statutes;
55	revising consent requirements applicable to men; limiting
56	period for revocation of a consent to adopt to 3 business
57	days if the child is older than 6 months of age;
58	authorizing a court to transfer a child to the prospective
59	adoptive parents under certain circumstances; requiring
60	the adoption entity to file a petition for adoption or
61	termination of parental rights after the transfer of the
62	child; providing conditions under which a court must
63	relinquish jurisdiction in a dependency proceeding;
64	revising requirements for withdrawing a consent for
65	adoption; amending s. 63.085, F.S.; revising requirements
66	for required disclosures by an adoption entity; amending
67	s. 63.087, F.S.; revising procedures to terminate parental
68	rights pending an adoption; providing the proper venue in
69	which to file a petition to terminate parental rights;
70	requiring a person to answer the petition and to appear at
71	the hearing for termination of parental rights; providing
72	applicability; providing that failure to appear at certain
73	hearings constitutes grounds for termination of parental
74	rights; removing provision relating to procedure for
75	notifying a petitioner of a final hearing; amending s.
76	63.088, F.S.; requiring the court to conduct an inquiry
77	concerning the father of the child who is to be adopted;
78	revising requirements for notice concerning the
79	termination of parental rights; requiring persons
80	contacted by a petitioner or adoption entity to release
81	certain information; amending s. 63.089, F.S.; revising
82	provisions relating to service of notice and petition
83	regarding termination of parental rights and consent to
84	adoption; revising conditions under which the court may
85	enter a judgment terminating parental rights; revising
86	conditions for making a finding of abandonment;
87	prohibiting a person who failed to establish parental
88	rights from challenging a judgment terminating parental
89	rights under certain circumstances; amending s. 63.092,
90	F.S.; revising conditions of and timeframe for an adoption
91	entity to report intent to place a minor for adoption to
92	the court; revising requirements regarding who must
93	perform a preliminary home study; amending s. 63.097,
94	F.S.; providing that certain additional fees, costs, and
95	expenses do not require court approval prior to payment;
96	amending s. 63.102, F.S.; revising procedures for the
97	filing of a petition for adoption; providing the proper
98	venue where the petition may be filed; amending s. 63.112,
99	F.S.; revising language requiring that certain documents
100	be filed at the same time the petition for adoption is
101	filed; amending s. 63.122, F.S.; providing that certain
102	information may be removed from the petition under certain
103	circumstances; deleting a provision authorizing the court
104	to order certain investigations in cases of adult
105	adoption; amending s. 63.125, F.S.; providing that certain
106	licensed professionals may conduct the final home
107	investigation; amending s. 63.132, F.S.; providing
108	exceptions to the requirement that the adoptive parent and
109	the adoption entity file an affidavit itemizing all
110	expenses and receipts; amending s. 63.135, F.S.; requiring
111	the adoption entity or petitioner to file an affidavit
112	under the Uniform Child Custody Jurisdiction and
113	Enforcement Act in a termination of parental rights
114	proceeding; deleting information required to be submitted
115	under oath to the court; amending s. 63.142, F.S.;
116	requiring that if an adoption petition is dismissed, any
117	further proceedings regarding the minor be brought in a
118	separate custody action under ch. 61, F.S., a dependency
119	action under ch. 39, F.S., or a paternity action under ch.
120	742, F.S.; revising conditions under which a judgment
121	terminating parental rights is voidable; amending s.
122	63.152, F.S.; requiring the clerk of court to transmit a
123	certified statement of the adoption to the state where the
124	child was born; amending s. 63.162, F.S.; revising
125	requirements concerning the disclosure of information
126	pertaining to an adoption; amending s. 63.192, F.S.;
127	requiring the courts of this state to recognize decrees of
128	termination of parental rights and adoptions from other
129	states and countries; amending s. 63.207, F.S.; permitting
130	prospective adoptive parents to finalize the adoption in
131	their home state; amending s. 63.212, F.S.; revising acts
132	that are unlawful pertaining to adoptions; providing
133	penalties; amending s. 63.213, F.S.; prohibiting an
134	attorney from representing the volunteer mother and the
135	intended father and mother in a preplanned adoption
136	arrangement; revising the definition of "fertility
137	technique"; creating s. 63.236, F.S.; providing that any
138	petition for termination of parental rights filed before
139	the effective date of the act is governed by the law in
140	effect at the time the petition was filed; amending s.
141	409.166, F.S.; redefining the term "special needs child";
142	providing for participation by adoption intermediaries in
143	the adoption program for special needs children
144	administered by the Department of Children and Family
145	Services; providing for waiver of adoption fees for
146	intermediary-placed adoptions; amending s. 409.176, F.S.;
147	providing that licensing provisions do not apply to
148	organizations whose standards are similar to those of
149	licensed child-placing agencies; providing
150	responsibilities of a qualified association meeting
151	standards of a statewide child care organization; amending
152	s. 742.021, F.S.; requiring the clerk of court to issue
153	certain notice in cases of complaints concerning
154	determination of paternity; amending s. 742.10, F.S.;
155	providing applicability of chs. 39 and 63, F.S., to
156	jurisdiction and procedures for determination of paternity
157	for children born out of wedlock; providing an effective
158	date.
159
160	Be It Enacted by the Legislature of the State of Florida:
161
162	Section 1.  Subsection (13) of section 49.011, Florida
163	Statutes, is amended to read:
164	49.011  Service of process by publication; cases in which
165	allowed.--Service of process by publication may be made in any
166	court on any person mentioned in s. 49.021 in any action or
167	proceeding:
168	(13)  For termination of parental rights pursuant to part
169	IX of chapter 39 or chapter 63.
170	Section 2.  Subsection (5) of section 63.022, Florida
171	Statutes, is amended to read:
172	63.022  Legislative intent.--
173	(5)  It is the intent of the Legislature to provide for
174	cooperation between private adoption entities and the Department
175	of Children and Family Services in matters relating to permanent
176	placement options for children in the care of the department
177	whose birth parent wishes parents wish to participate in a
178	private adoption plan with a qualified family.
179	Section 3.  Section 63.032, Florida Statutes, is amended to
180	read:
181	63.032  Definitions.--As used in this chapter, the term:
182	(1)  "Abandoned" means a situation in which the parent or
183	person having legal custody of a child, while being able, makes
184	no provision for the child's support and makes little or no
185	effort to communicate with the child, which situation is
186	sufficient to evince an intent to reject parental
187	responsibilities. If, in the opinion of the court, the efforts
188	of such parent or person having legal custody of the child to
189	support and communicate with the child are only marginal efforts
190	that do not evince a settled purpose to assume all parental
191	duties, the court may declare the child to be abandoned. In
192	making this decision, the court may consider the conduct of a
193	father towards the child's mother during her pregnancy.
194	(2)  "Adoption" means the act of creating the legal
195	relationship between parent and child where it did not exist,
196	thereby declaring the child to be legally the child of the
197	adoptive parents and their heir at law and entitled to all the
198	rights and privileges and subject to all the obligations of a
199	child born to such adoptive parents in lawful wedlock.
200	(3)  "Adoption entity" means the department, an agency, a
201	child-caring agency registered under s. 409.176, an
202	intermediary, an attorney licensed in another state who is
203	placing a child from another state into this state, or a child-
204	placing agency licensed in another state that which is placing a
205	child from another state into this state and is qualified by the
206	department to place children in the State of Florida.
207	(4)(20)  "Adoption plan" means an arrangement arrangements
208	made by a birth parent or other individual having a legal right
209	to custody of a minor child, born or to be born, with an
210	adoption entity in furtherance of placing the placement of the
211	minor for adoption.
212	(5)(4)  "Adult" means a person who is not a minor.
213	(6)(5)  "Agency" means any child-placing agency licensed by
214	the department pursuant to s. 63.202 to place minors for
215	adoption.
216	(7)(6)  "Child" means a minor son or daughter, whether by
217	birth or adoption.
218	(8)(7)  "Court" means any circuit court of this state and,
219	when the context requires, the court of any state that is
220	empowered to grant petitions for adoption.
221	(9)(8)  "Department" means the Department of Children and
222	Family Services.
223	(10)(9)  "Intermediary" means an attorney who is licensed
224	or authorized to practice in this state and who is placing or
225	intends to place a child for adoption, including placing
226	children born in another state with citizens of this state or
227	country or placing children born in this state with citizens of
228	another state or country.
229	(11)(10)  "Legal custody" means a legal status created by
230	court order or letter of guardianship that vests in a custodian
231	or guardian of the child, whether an agency or an individual,
232	the right to have physical custody of the child and the right
233	and duty to protect, train, and discipline the child and to
234	provide him or her with food, shelter, education, and ordinary
235	medical, dental, psychiatric, and psychological care. The term
236	"legal custodian" means the person or entity in whom the legal
237	right to custody is vested has the meaning ascribed in s. 39.01.
238	(12)(11)  "Minor" means a person under the age of 18 years.
239	(13)(12)  "Parent" means a woman who gives birth to a child
240	or a man whose consent to the adoption of the child would be
241	required under s. 63.062(1). If a child has been legally
242	adopted, the term "parent" means the adoptive mother or father
243	of the child. The term does not include an individual whose
244	parental relationship to the child has been legally terminated
245	or an alleged or prospective parent has the same meaning
246	ascribed in s. 39.01.
247	(14)(13)  "Person" includes a natural person, corporation,
248	government or governmental subdivision or agency, business
249	trust, estate, trust, partnership, or association, and any other
250	legal entity.
251	(15)  "Placement" or "to place" means the process of a
252	parent or legal guardian surrendering a child for adoption and
253	the prospective adoptive parents receiving and adopting the
254	child, and includes all actions by any person or adoption entity
255	participating in the process.
256	(16)  "Primarily lives and works in Florida" means that a
257	person lives and works in this state at least 6 months and 1 day
258	of the year, is a member of military personnel who designates
259	Florida as his or her place of residence in accordance with the
260	Servicemembers Civil Relief Act, Pub. L. No. 108-189, or is a
261	citizen of the United States living in a foreign country who
262	designates Florida as his or her place of residence.
263	(16)  "Placement" means the process of a parent or legal
264	guardian surrendering a child for adoption and the prospective
265	adoptive parents receiving and adopting the child and all
266	actions by any adoption entity participating in placing the
267	child.
268	(17)  "Primarily lives and works outside Florida" means
269	that a person who lives and works outside this state at least 6
270	months and 1 day of the year, is a member of military personnel
271	who designates a state other than designate Florida as his or
272	her their place of residence in accordance with the
273	Servicemembers Civil Relief Act, Pub. L. No. 108-189 Soldiers'
274	and Sailors' Civil Relief Act of 1940, or is a citizen employees
275	of the United States Department of State living in a foreign
276	country who designates designate a state other than Florida as
277	his or her their place of residence.
278	(18)(14)  "Relative" means a person related by blood within
279	the third degree of consanguinity, by adoption, or by marriage
280	to the person being adopted within the third degree of
281	consanguinity.
282	(19)(18)  "Suitability of the intended placement" includes
283	the fitness of the intended placement, with primary
284	consideration being given to the best interest of the child.
285	(20)(19)  "Unmarried biological father" means the child's
286	biological father who is not married to the child's mother at
287	the time of conception or birth of the child and who, prior to
288	the filing of the petition to terminate parental rights, has not
289	been declared by a court of competent jurisdiction to be the
290	legal father of the child or has not executed an affidavit
291	pursuant to s. 382.013(2)(c).
292	Section 4.  Paragraph (i) of subsection (1) of section
293	63.039, Florida Statutes, is amended, and paragraph (j) is added
294	to that subsection, to read:
295	63.039  Duty of adoption entity to prospective adoptive
296	parents; sanctions.--
297	(1)  An adoption entity placing a minor for adoption has an
298	affirmative duty to follow the requirements of this chapter and
299	specifically the following provisions, which protect and promote
300	the well-being of persons being adopted and their parents and
301	prospective adoptive parents by promoting certainty, finality,
302	and permanency for such persons. The adoption entity must:
303	(i)  Obtain the written waiver of venue, if applicable,
304	required under s. 63.062 in cases in which venue for the
305	termination of parental rights will be located in a county other
306	than the county where a parent whose rights are to be terminated
307	resides.
308	(j)  Provide an adoption disclosure form to all persons
309	whose consent is required under s. 63.062(1) and any unmarried
310	biological father identified by the biological mother as a
311	biological father of the child, when their identities and
312	locations are known.
313	Section 5.  Subsection (9) of section 63.0423, Florida
314	Statutes, is amended to read:
315	63.0423  Procedures with respect to abandoned infants.--
316	(9)(a)  A judgment terminating parental rights pending
317	adoption involving a minor who was abandoned as described in
318	this section is voidable, and any later judgment of adoption of
319	that minor is voidable, if, upon the motion of a birth parent
320	whose consent is required for adoption, the court finds that a
321	person knowingly gave false information that prevented the birth
322	parent from timely making known his or her desire to assume
323	parental responsibilities toward the minor or from exercising
324	his or her parental rights. A motion under this subsection must
325	be filed with the court originally entering the judgment. The
326	motion must be filed within a reasonable time, but not later
327	than 1 year after the entry of the judgment terminating parental
328	rights.
329	(b)  No later than 30 days after the filing of a motion
330	under this subsection, the court shall conduct a preliminary
331	hearing to determine what contact, if any, will be permitted
332	between a birth parent and the child pending resolution of the
333	motion. The Such contact may be allowed only if it is requested
334	by a parent who has appeared at the hearing and the court
335	determines that it is in the best interest of the child. If the
336	court orders contact between a birth parent and child, the order
337	must be issued in writing as expeditiously as possible and must
338	state with specificity the terms any provisions regarding
339	contact with persons other than those with whom the child
340	resides.
341	(c)  At the preliminary hearing, the court, upon the motion
342	of any party or upon its own motion, may order scientific
343	testing to determine the paternity or maternity of the minor if
344	the person seeking to set aside the judgment is alleging to be
345	the child's birth parent but has not previously been determined
346	by legal proceedings or scientific testing to be the birth
347	parent. Upon the filing of test results establishing that
348	person's maternity or paternity of the abandoned infant, the
349	court may order visitation as it deems appropriate and in the
350	best interest of the child.
351	(d)  Within 45 days after the preliminary hearing, the
352	court shall conduct a final hearing on the motion to set aside
353	the judgment and shall enter its written order as expeditiously
354	as possible thereafter.
355	Section 6.  Section 63.0425, Florida Statutes, is amended
356	to read:
357	63.0425  Grandparent's right to notice adopt.--
358	(1)  When a child has lived with a grandparent for at least
359	6 months within the 24-month period immediately preceding the
360	filing of a petition for termination of parental rights pending
361	adoption, the adoption entity shall provide notice to that
362	grandparent of the hearing on the petition for termination of
363	parental rights pending adoption.
364	(2)  This section shall not apply if the placement for
365	adoption is a result of the death of the child's parent and a
366	different preference is stated in the parent's will.
367	(3)  This section shall not apply in stepparent adoptions.
368	(4)  Nothing in this section shall contravene the
369	provisions of s. 63.142(4).
370	Section 7.  Subsections (1) and (7) of section 63.052,
371	Florida Statutes, are amended to read:
372	63.052  Guardians designated; proof of commitment.--
373	(1)  For minors who have been placed for adoption with and
374	permanently committed to an adoption entity, other than an
375	intermediary, such adoption entity shall be the guardian of the
376	person of the minor and has the responsibility and authority to
377	provide for the needs and welfare of the minor.
378	(7)  The court retains jurisdiction of a minor who has been
379	placed for adoption until the adoption is finalized within or
380	outside this state final. After a minor is placed with an
381	adoption entity or prospective adoptive parent, the court may
382	review the status of the minor and the progress toward permanent
383	adoptive placement.
384	Section 8.  Subsection (1) of section 63.053, Florida
385	Statutes, is amended to read:
386	63.053  Rights and responsibilities of an unmarried
387	biological father; legislative findings.--
388	(1)  In enacting the provisions contained in this chapter,
389	the Legislature prescribes the conditions for determining
390	whether an unmarried biological father's actions are
391	sufficiently prompt and substantial so as to require protection
392	of a constitutional right. If an unmarried biological father
393	fails to take the actions that are available to him to establish
394	a relationship with his child, his parental interest may be lost
395	entirely, or greatly diminished, by his failure to timely comply
396	with the available legal steps to substantiate a parental
397	interest.
398	Section 9.  Subsections (1), (6), and (7) of section
399	63.054, Florida Statutes, are amended to read:
400	63.054  Actions required by an unmarried biological father
401	to establish parental rights; Florida Putative Father
402	Registry.--
403	(1)  In order to preserve the right to notice and consent
404	to an adoption under this chapter, an unmarried biological
405	father must, as the "registrant," file a notarized claim of
406	paternity form with the Florida Putative Father Registry
407	maintained by the Office of Vital Statistics of the Department
408	of Health and shall include therein confirmation of his
409	willingness and intent to support the child for whom paternity
410	is claimed in accordance with state law. The claim of paternity
411	may be filed at any time prior to the child's birth, but a claim
412	of paternity may not be filed after the date a petition is filed
413	for termination of parental rights. In each proceeding for
414	termination of parental rights, the petitioner shall submit to
415	the Office of Vital Statistics of the Department of Health a
416	copy of the petition for termination of parental rights. The
417	Office of Vital Statistics of the Department of Health shall not
418	record a claim of paternity after the date that a petition for
419	termination of parental rights is filed. The failure of an
420	unmarried biological father to register his paternity prior to
421	the date a petition for termination of parental rights is filed
422	also bars him from filing a paternity claim under chapter 742.
423	(6)  It is the obligation of the registrant or, if
424	designated under subsection (4), his designated agent or
425	representative to notify and update the Office of Vital
426	Statistics of any change of address or change in the designation
427	of an agent or representative. The failure of a registrant, or
428	designated agent or representative, to report any such change is
429	at the registrant's own risk and shall not serve as a valid
430	defense based upon lack of notice, and the adoption entity or
431	petitioner shall have no further obligation to search for the
432	registrant unless the person petitioning for termination of
433	parental rights or adoption has actual or constructive notice of
434	the registrant's address and whereabouts from another source.
435	(7)  In each proceeding for termination of parental rights
436	or each adoption proceeding in which parental rights are being
437	terminated simultaneously with entry of the final judgment of
438	adoption, as in stepparent and relative adoptions filed under
439	this chapter, the petitioner must contact the Office of Vital
440	Statistics of the Department of Health by submitting an
441	application for a search of the Florida Putative Father
442	Registry. The petitioner shall provide the same information, if
443	known, on the search application form which the registrant is
444	required to furnish under subsection (3). Thereafter, the Office
445	of Vital Statistics must issue a certificate signed by the State
446	Registrar certifying:
447	(a)  The identity and contact information, if any, for each
448	registered unmarried biological father whose information matches
449	the search request sufficiently so that the such person may be
450	considered a possible father of the subject child; or
451	(b)  That a diligent search has been made of the registry
452	of registrants who may be the unmarried biological father of the
453	subject child and that no matching registration has been located
454	in the registry.
455
456	The This certificate must be filed with the court in the
457	proceeding to terminate parental rights or the adoption
458	proceeding. If a termination of parental rights and an adoption
459	proceeding are being adjudicated separately simultaneously, the
460	Florida Putative Father Registry need only be searched in the
461	termination of parental rights proceeding once.
462	Section 10.  Paragraph (b) of subsection (1), subsection
463	(2), paragraph (a) of subsection (3), and subsection (9) of
464	section 63.062, Florida Statutes, are amended to read:
465	63.062  Persons required to consent to adoption; affidavit
466	of nonpaternity; waiver of venue.--
467	(1)  Unless supported by one or more of the grounds
468	enumerated under s. 63.089(3), a petition to terminate parental
469	rights pending adoption may be granted only if written consent
470	has been executed as provided in s. 63.082 after the birth of
471	the minor or notice has been served under s. 63.088 to:
472	(b)  The father of the minor, if:
473	1.  The minor was conceived or born while the father was
474	married to the mother;
475	2.  The minor is his child by adoption;
476	3.  The minor has been established by court judgment
477	proceeding to be his child no later than the date that a
478	petition is filed for termination of parental rights;
479	4.  He has filed an affidavit of paternity pursuant to s.
480	382.013(2)(c) no later than the date that a petition is filed
481	for termination of parental rights; or
482	5.  In the case of an unmarried biological father, he has
483	acknowledged in writing, signed in the presence of a competent
484	witness, that he is the father of the minor, has filed such
485	acknowledgment with the Office of Vital Statistics of the
486	Department of Health within the required timeframes, and has
487	complied with the requirements of subsection (2).
488	(2)  In accordance with subsection (1), the consent of an
489	unmarried biological father shall be required necessary only if
490	the unmarried biological father has complied with the
491	requirements of this subsection.
492	(a)1.  With regard to a child who is placed with adoptive
493	parents more than 6 months after the child's birth, an unmarried
494	biological father must have developed a substantial relationship
495	with the child, taken some measure of responsibility for the
496	child and the child's future, and demonstrated a full commitment
497	to the responsibilities of parenthood by providing financial
498	support to the child in accordance with the unmarried biological
499	father's ability, if not prevented from doing so by the person
500	or authorized agency having lawful custody of the child, and
501	either:
502	a.  Regularly visited the child at least monthly, when
503	physically and financially able to do so and when not prevented
504	from doing so by the birth mother or the person or authorized
505	agency having lawful custody of the child; or
506	b.  Maintained regular communication with the child or with
507	the person or agency having the care or custody of the child,
508	when physically or financially unable to visit the child and or
509	when not prevented from doing so by the birth mother or person
510	or authorized agency having lawful custody of the child.
511	2.  The mere fact that an unmarried biological father
512	expresses a desire to fulfill his responsibilities towards his
513	child which is unsupported by acts evidencing this intent does
514	not preclude a finding by the court that the unmarried
515	biological father failed to comply with the requirements of this
516	subsection.
517	3.  An unmarried biological father who openly lived with
518	the child for at least 6 consecutive months within the 1-year
519	period following the birth of the child and immediately
520	preceding placement of the child with adoptive parents and who
521	openly held himself out to be the father of the child during
522	that period shall be deemed to have developed a substantial
523	relationship with the child and to have otherwise met the
524	requirements of this paragraph.
525	(b)  With regard to a child who is younger than 6 months of
526	age at the time the child is placed with the adoptive parents,
527	an unmarried biological father must have demonstrated a full
528	commitment to his parental responsibility by having performed
529	all of the following acts before prior to the time the mother
530	executes her consent for adoption:
531	1.  Filed a notarized claim of paternity form with the
532	Florida Putative Father Registry within the Office of Vital
533	Statistics of the Department of Health, which form shall be
534	maintained in the confidential registry established for that
535	purpose and shall be considered filed when the notice is entered
536	in the registry of notices from unmarried biological fathers.
537	2.  Upon service of a notice of an intended adoption plan
538	or a petition for termination of parental rights pending
539	adoption, timely executed and filed an affidavit in that
540	proceeding stating that he is personally fully able and willing
541	to take responsibility for the child, setting forth his plans
542	for care of the child, and agreeing to a court order of child
543	support and a contribution to the payment of living and medical
544	expenses incurred for the mother's pregnancy and the child's
545	birth in accordance with his ability to pay.
546	3.  If he had knowledge of the pregnancy, paid a fair and
547	reasonable amount of the expenses incurred in connection with
548	the mother's pregnancy and the child's birth, in accordance with
549	his financial ability and when not prevented from doing so by
550	the birth mother or person or authorized agency having lawful
551	custody of the child.
552	(c)  The petitioner shall file with the court a certificate
553	from the Office of Vital Statistics stating that a diligent
554	search has been made of the Florida Putative Father Registry of
555	notices from unmarried biological fathers described in
556	subparagraph (b)1. and that no filing has been found pertaining
557	to the father of the child in question or, if a filing is found,
558	stating the name of the putative father and the time and date of
559	filing. That certificate shall be filed with the court before
560	prior to the entry of a final judgment of termination of
561	parental rights.
562	(d)  An unmarried biological father who does not comply
563	with each of the conditions provided in this subsection is
564	deemed to have waived and surrendered any rights in relation to
565	the child, including the right to notice of any judicial
566	proceeding in connection with the adoption of the child, and his
567	consent to the adoption of the child is not required.
568	(3)(a)  Under Pursuant to chapter 48, an adoption entity
569	may serve upon any unmarried biological father identified by the
570	mother or identified by a diligent search of the Florida
571	Putative Father Registry, or upon an entity whose consent is
572	required, a notice of intended adoption plan at any time before
573	the child's birth or before placing prior to the placement of
574	the child in the adoptive home, including prior to the birth of
575	the child. The notice of intended adoption plan must
576	specifically state that if the unmarried biological father
577	desires to contest the adoption plan, he must file with the
578	court, within 30 days after service, a verified response that
579	contains a pledge of commitment to the child in substantial
580	compliance with subparagraph (2)(b)2. The notice of intended
581	adoption plan shall notify the unmarried biological father that
582	he must file a claim of paternity form with the Office of Vital
583	Statistics within 30 days after service upon him and must
584	provide the adoption entity with a copy of the verified response
585	filed with the court and the claim of paternity form filed with
586	the Office of Vital Statistics. If the party served with the
587	notice of intended adoption plan is an entity, the entity must
588	file, within 30 days after service, a verified response setting
589	forth a legal basis for contesting the intended adoption plan,
590	specifically addressing the best interest of the child. If the
591	unmarried biological father or entity whose consent is required
592	fails to properly file a verified response with the court and,
593	in the case of an unmarried biological father, a claim of
594	paternity form with the Office of Vital Statistics within 30
595	days after service upon that unmarried biological father or
596	entity whose consent is required, the consent of that unmarried
597	biological father or entity shall no longer be required under
598	this chapter and that party shall be deemed to have waived any
599	claim of rights to the child. Each notice of intended adoption
600	plan served upon an unmarried biological father must include
601	instructions as to the procedure the unmarried biological father
602	must follow to submit a claim of paternity form to the Office of
603	Vital Statistics and the address to which the registration must
604	be directed.
605	(9)  A petition for termination of parental rights shall be
606	filed in the appropriate county as determined under s.
607	63.087(2). If any the parent or parents whose consent is
608	required objects rights are to be terminated object to venue in
609	the county where the action was filed, the court may transfer
610	venue to a proper venue consistent with this chapter and chapter
611	47 the action to the county where the objecting parent or
612	parents reside, unless the objecting parent has previously
613	executed a waiver of venue.
614	Section 11.  Subsection (1) of section 63.063, Florida
615	Statutes, is amended to read:
616	63.063  Responsibility of each party for his or her their
617	own actions; fraud or misrepresentation; statutory compliance.--
618	(1)  Each parent of a child conceived or born outside of
619	marriage is responsible for his or her own actions and is not
620	excused from strict compliance with the provisions of this
621	chapter based upon any action, statement, or omission of the
622	other parent or a third party, except as provided in s.
623	63.062(2)(a).
624	Section 12.  Paragraph (d) of subsection (1), paragraphs
625	(b), (c), and (e) of subsection (4), and subsections (5), (6),
626	and (7) of section 63.082, Florida Statutes, are amended to
627	read:
628	63.082  Execution of consent to adoption or affidavit of
629	nonpaternity; family social and medical history; withdrawal of
630	consent.--
631	(1)
632	(d)  The notice and consent provisions of this chapter as
633	they relate to the birth of a child or to legal fathers do not
634	apply in cases in which the child is conceived as a result of a
635	violation of the criminal laws of this or another state,
636	including, but not limited to, sexual battery, unlawful sexual
637	activity with certain minors under s. 794.05, lewd acts
638	perpetrated upon a minor, or incest.
639	(4)
640	(b)  A consent to the adoption of a minor who is to be
641	placed for adoption shall not be executed by the birth mother
642	sooner than 48 hours after the minor's birth or the day the
643	birth mother has been notified in writing, either on her patient
644	chart or in release paperwork, that she is fit to be released
645	from the licensed hospital or birth center, whichever is
646	earlier. A consent by any man a biological father or legal
647	father may be executed at any time after the birth of the child.
648	A consent executed under this paragraph is valid upon execution
649	and may be withdrawn only if the court finds that it was
650	obtained by fraud or duress.
651	(c)  When the minor to be adopted is older than 6 months of
652	age at the time of the execution of the consent, the consent to
653	adoption is valid upon execution; however, it is subject to a 3-
654	day revocation period consisting of 3 business days or may be
655	revoked at any time prior to the placement of the minor with the
656	prospective adoptive parents, whichever is later. If a consent
657	has been executed, this subsection may not be construed to
658	provide a birth parent with more than 3 days to revoke the
659	consent once the child has been placed with the prospective
660	adoptive parents.
661	(e)  A consent to adoption being executed by the birth
662	parent must be in at least 12-point boldfaced type in
663	substantially the following form:
664
665	CONSENT TO ADOPTION
666
667	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
668	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
669	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
670	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
671	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
672	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
673	WITNESSES YOU SELECTED, IF ANY.
674
675	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
676	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
677	CONSENT:
678	1.  CONSULT WITH AN ATTORNEY;
679	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
680	LEGALLY PROHIBITED;
681	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
682	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
683	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
684	PROHIBITED; AND
685	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
686	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
687
688	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
689	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
690	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
691	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
692	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
693	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
694	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
695	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
696	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
697	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
698	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
699	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
700	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
701	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
702	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
703	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
704	DURESS.
705
706	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
707	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
708	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
709	YOU WISH TO WITHDRAW YOUR CONSENT; AND
710	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
711	OR DURESS.
712
713	This statement of rights is not required for the adoption of a
714	relative, an adult, a stepchild, or a child older than 6 months
715	of age. A consent form for the adoption of a child older than 6
716	months of age at the time of execution of consent must contain a
717	statement outlining the revocation rights provided in paragraph
718	(c).
719	(5)  A copy or duplicate original of each consent signed
720	under this chapter in an action for termination of parental
721	rights pending adoption must be provided to the person who
722	executed the consent to adoption. The copy must be hand
723	delivered, with a written acknowledgment of receipt signed by
724	the person whose consent is required at the time of execution.
725	If a copy of a consent cannot be provided as required in this
726	subsection, the adoption entity must execute an affidavit
727	stating why the copy of the consent was not delivered. The
728	original consent and acknowledgment of receipt, or an affidavit
729	stating why the copy of the consent was not delivered, must be
730	filed with the petition for termination of parental rights
731	pending adoption.
732	(6)(a)  If a birth parent executes a consent for placement
733	of a minor with an adoption entity or qualified prospective
734	adoptive parents and the minor child is in the custody of the
735	department, but parental rights have not yet been terminated,
736	the adoption consent shall be valid, binding, and enforceable by
737	the court and shall be the basis for a transfer of custody of
738	the child.
739	(b)  Upon execution of the consent of the birth parent, the
740	adoption entity shall be permitted to intervene in the
741	dependency case as a party in interest and shall provide the
742	court having jurisdiction over the minor pursuant to the shelter
743	or dependency petition filed by the department with a copy of
744	the preliminary home study of the prospective adoptive parents
745	and any other evidence of the suitability of the placement. The
746	preliminary home study shall be maintained with strictest
747	confidentiality within the dependency court file and the
748	department's file. A preliminary home study must be provided to
749	the court in all cases in which an adoption entity has
750	intervened pursuant to this section.
751	(c)  Upon a determination by the court that the prospective
752	adoptive parents have met the requirements of this chapter are
753	properly qualified to adopt the minor child and that the
754	adoption appears to be in the best interest of the minor child,
755	the court shall immediately order the transfer of custody of the
756	minor child to the prospective adoptive parents, under the
757	supervision of the adoption entity. Thereafter, the adoption
758	entity must file a petition for termination of parental rights
759	or a petition for adoption in the court having jurisdiction over
760	child welfare or custody in the county with the appropriate
761	venue according to s. 63.087 or s. 63.102. The court having
762	jurisdiction over the minor in the dependency proceeding shall
763	relinquish its jurisdiction to the court where the petition for
764	termination of parental rights or the petition for adoption is
765	filed. The adoption entity shall thereafter provide monthly
766	supervision reports to the court, if required, department until
767	finalization of the adoption.
768	(d)  In determining whether the best interest of the child
769	will be served by transferring the custody of the minor child to
770	the prospective adoptive parent selected by the birth parent,
771	the court shall give consideration to the rights of the birth
772	parent to determine an appropriate placement for the child, the
773	permanency offered, the child's bonding with any potential
774	adoptive home that the child has been residing in, and the
775	importance of maintaining sibling relationships, if possible.
776	(7)  In the case of a child older than 6 months of age who
777	is placed with adoptive parents and for whom a parent is seeking
778	to withdraw consent under paragraph (4)(c):
779	(a)  The parent seeking to withdraw consent must notify A
780	consent that is being withdrawn under paragraph (4)(c) may be
781	withdrawn at any time prior to the minor's placement with the
782	prospective adoptive parents or by notifying the adoption entity
783	in writing by certified United States mail, return receipt
784	requested, not later than 3 business days after execution of the
785	consent. As used in this subsection, the term "business day"
786	means any day on which the United States Postal Service accepts
787	certified mail for delivery.
788	(b)  Upon receiving timely written notice from a person
789	whose consent to adoption is required of that person's desire to
790	withdraw consent to adoption, the adoption entity must contact
791	the prospective adoptive parent to arrange a time certain for
792	the adoption entity to regain physical custody of the minor,
793	unless, upon a motion for emergency hearing by the adoption
794	entity, the court determines in written findings that placement
795	of the minor with the person who had legal or physical custody
796	of the child immediately before placing the child for adoption
797	withdrawing consent may endanger the minor, or that the person
798	who desires to withdraw consent to the adoption would not be
799	required to consent to the adoption, or has been determined to
800	have abandoned the child, or is otherwise subject to a
801	determination that the person's consent is waived under this
802	chapter.
803	(c)  If the court finds that the such placement may
804	endanger the minor, the court must enter an order regarding
805	continued placement of the minor. The order shall direct
806	continued placement with the prospective adoptive parents
807	pending further proceedings if they desire continued placement.
808	If the prospective adoptive parents do not desire continued
809	placement, the order shall include, but not be limited to,
810	whether temporary placement in foster care, with the person who
811	had legal or physical custody of the child immediately before
812	placing the child for adoption, or with a relative is in the
813	best interest of the child and is appropriate, whether an
814	investigation by the department is recommended, and whether a
815	relative is available for the temporary placement.
816	(d)  If the person withdrawing consent claims to be the
817	father of the minor but has not been established to be the
818	father by marriage, court order, or scientific testing, the
819	court may order scientific paternity testing and reserve ruling
820	on removal of the minor until the results of such testing have
821	been filed with the court.
822	(e)  The adoption entity must return the minor within 3
823	business days after timely and proper notification of the
824	withdrawal of consent or after the court determines that
825	withdrawal is valid and binding upon consideration of an
826	emergency motion, as filed pursuant to paragraph (b), to the
827	physical custody of the person withdrawing consent or the person
828	directed by the court. If the person seeking to validly withdraw
829	consent claims to be the father of the minor but has not been
830	established to be the father by marriage, court order, or
831	scientific testing, the adoption entity may return the minor to
832	the care and custody of the mother, if she desires such
833	placement, and the mother is not otherwise prohibited by law
834	from having custody of the child.
835	(f)  Following the revocation period for withdrawal of
836	consent described in paragraph (a), or the placement of the
837	child with the prospective adoptive parents, whichever occurs
838	later, consent may be withdrawn only when the court finds that
839	the consent was obtained by fraud or duress.
840	(g)  An affidavit of nonpaternity may be withdrawn only if
841	the court finds that the affidavit was obtained by fraud or
842	duress.
843	Section 13.  Subsection (1) of section 63.085, Florida
844	Statutes, is amended to read:
845	63.085  Disclosure by adoption entity.--
846	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
847	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
848	to adopt a minor or a person seeking to place a minor for
849	adoption contacts an adoption entity in person or provides the
850	adoption entity with a mailing address, the entity must provide
851	a written disclosure statement to that person if the entity
852	agrees or continues to work with the such person. The If an
853	adoption entity shall provide the written disclosure to any
854	parent or any known and identified potential unmarried
855	biological father is assisting in the effort to terminate the
856	parental rights of a parent who did not initiate the contact
857	with the adoption entity, the written disclosure must be
858	provided within 14 days after that parent or potential unmarried
859	biological father is identified and located. For purposes of
860	providing the written disclosure, a person is considered to be
861	seeking to place a minor for adoption when that person has
862	sought information or advice from the adoption entity regarding
863	the option of adoptive placement. The written disclosure
864	statement must be in substantially the following form:
865
866	ADOPTION DISCLOSURE
867
868	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
869	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
870	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
871	ADOPTION UNDER FLORIDA LAW:
872	1.  The name, address, and telephone number of the adoption
873	entity providing this disclosure is:
874	Name:
875	Address:
876	Telephone Number:
877
878	2.  The adoption entity does not provide legal
879	representation or advice to birth parents or anyone signing a
880	consent for adoption or affidavit of nonpaternity, and birth
881	parents have the right to consult with an attorney of their own
882	choosing to advise them.
883	3.  With the exception of an adoption by a stepparent or
884	relative, a child cannot be placed into a prospective adoptive
885	home unless the prospective adoptive parents have received a
886	favorable preliminary home study, including criminal and child
887	abuse clearances.
888	4.  A valid consent for adoption may not be signed by the
889	birth mother until 48 hours after the birth of the child, or the
890	day the birth mother is notified, in writing, that she is fit
891	for discharge from the licensed hospital or birth center. Any
892	man A putative father may sign a valid consent for adoption at
893	any time after the birth of the child.
894	5.  A consent for adoption signed before the child attains
895	the age of 6 months is binding and irrevocable from the moment
896	it is signed unless it can be proven in court that the consent
897	was obtained by fraud or duress. A consent for adoption signed
898	after the child attains the age of 6 months is valid from the
899	moment it is signed; however, it may be revoked until the child
900	is placed in an adoptive home, or up to 3 business days after it
901	was signed, whichever period is longer.
902	6.  A consent for adoption is not valid if the signature of
903	the person who signed the consent was obtained by fraud or
904	duress.
905	7.  An unmarried biological father must act immediately in
906	order to protect his rights with regard to the child. He must
907	register his paternity with the Florida Putative Father Registry
908	maintained by the Office of Vital Statistics of the Department
909	of Health within the timeframes set forth in s. 63.062 and must
910	provide the child with financial and physical support by
911	assisting the mother during her pregnancy and providing for the
912	child after birth.
913	8.7.  There are alternatives to adoption, including foster
914	care, relative care, and parenting the child. There may be
915	services and sources of financial assistance in the community
916	available to birth parents if they choose to parent the child.
917	9.8.  A birth parent has the right to have a witness of his
918	or her choice, who is unconnected with the adoption entity or
919	the adoptive parents, to be present and witness the signing of
920	the consent or affidavit of nonpaternity.
921	10.9.  A birth parent 14 years of age or younger must have
922	a parent, legal guardian, or court-appointed guardian ad litem
923	to assist and advise the birth parent as to the adoption plan.
924	11.10.  A birth parent has a right to receive supportive
925	counseling from a counselor, social worker, physician, clergy,
926	or attorney, and such counseling would be beneficial to the
927	birth parent.
928	12.11.  The payment of living or medical expenses by the
929	prospective adoptive parents prior to the birth of the child
930	does not, in any way, obligate the birth parent to sign the
931	consent for adoption.
932	Section 14.  Section 63.087, Florida Statutes, is amended
933	to read:
934	63.087  Proceeding to terminate parental rights pending
935	adoption; general provisions.--
936	(1)  JURISDICTION.--A court of this state that which is
937	competent to decide child welfare or custody matters has
938	jurisdiction to hear all matters arising from a proceeding to
939	terminate parental rights pending adoption.
940	(2)  VENUE.--
941	(a)  A petition to terminate parental rights pending
942	adoption must be filed:
943	1.  In the county where the child resides; or
944	2.  If the child does not reside in the State of Florida,
945	In the county where the adoption entity is located;
946	3.  In the county where the adoption entity is located; or
947	4.  If neither parent resides in the state, in the county
948	where the adoption entity is located. The fact of the minor's
949	presence within the state confers jurisdiction on the court in
950	proceedings in the minor's case under this chapter, or to a
951	parent or guardian if due notice has been given.
952	(b)  If a petition for termination of parental rights has
953	been filed and a parent whose consent is required rights are to
954	be terminated objects to venue, there must be a hearing in which
955	the court shall determine whether that parent intends to assert
956	legally recognized grounds to contest a termination of parental
957	rights and, if so, the court may shall immediately transfer
958	venue to a proper venue under this subsection the county where
959	that parent resides or resided at the time of the execution of
960	the consent. For purposes of selecting venue, the court shall
961	consider the ease of access to the court for the parent and the
962	factors set forth in s. 47.122 who intends to contest a
963	termination of parental rights.
964	(c)  If there is a transfer of venue, the court may
965	determine which party shall bear the cost of venue transfer.
966
967	For purposes of the hearing under this subsection, witnesses
968	located in another jurisdiction may testify by deposition or
969	testify by telephone, audiovisual means, or other electronic
970	means before a designated court or at another location.
971	Documentary evidence transmitted from another location by
972	technological means that do not produce an original writing may
973	not be excluded from evidence on an objection based on the means
974	of transmission. The court on its own motion may otherwise
975	prescribe the manner in which and the terms upon which the
976	testimony is taken.
977	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
978	may not be filed until after the date the court enters the
979	judgment terminating parental rights pending adoption under this
980	chapter or under chapter 39. Adoptions of relatives, adult
981	adoptions, or adoptions of stepchildren shall not be required to
982	file a separate termination of parental rights proceeding
983	pending adoption. In such cases, the petitioner may file a joint
984	petition for termination of parental rights and adoption,
985	attaching all required consents, affidavits, notices, and
986	acknowledgments shall be attached to the petition for adoption
987	or filed separately in the adoption proceeding. Unless otherwise
988	provided by law, this chapter applies to joint petitions.
989	(4)  PETITION.--
990	(a)  A proceeding seeking to terminate parental rights
991	pending adoption under pursuant to this chapter must be
992	initiated by the filing of an original petition after the birth
993	of the minor.
994	(b)  The petition may be filed by a parent or person having
995	physical or legal custody of the minor. The petition may be
996	filed by an adoption entity only if a parent or person having
997	physical or legal custody who has executed a consent to adoption
998	pursuant to s. 63.082 also consents in writing to the adoption
999	entity filing the petition. The original of the such consent
1000	must be filed with the petition.
1001	(c)  The petition must be entitled: "In the Matter of the
1002	Termination of Parental Rights for the Proposed Adoption of a
1003	Minor Child."
1004	(d)  The petition to terminate parental rights pending
1005	adoption must be in writing and signed by the petitioner under
1006	oath stating the petitioner's good faith in filing the petition.
1007	A written consent to adoption, affidavit of nonpaternity, or
1008	affidavit of diligent search under s. 63.088, for each person
1009	whose consent to adoption is required under s. 63.062, must be
1010	executed and attached.
1011	(e)  The petition must include:
1012	1.  The minor's name, gender, date of birth, and place of
1013	birth. The petition must contain all names by which the minor is
1014	or has been known, excluding the minor's prospective adoptive
1015	name but including the minor's legal name at the time of the
1016	filing of the petition. In the case of an infant child whose
1017	adoptive name appears on the original birth certificate, the
1018	adoptive name shall not be included in the petition, nor shall
1019	it be included elsewhere in the termination of parental rights
1020	proceeding, except in the case of a petition for adoption filed
1021	pursuant to s. 63.102(6).
1022	2.  All information required by the Uniform Child Custody
1023	Jurisdiction and Enforcement Act and the Indian Child Welfare
1024	Act, except the names and addresses of the adoptive parents,
1025	which shall be kept confidential as required by s. 63.162.
1026	3.  A statement of the grounds under s. 63.089 upon which
1027	the petition is based.
1028	4.  The name, address, and telephone number of any adoption
1029	entity seeking to place the minor for adoption.
1030	5.  The name, address, and telephone number of the division
1031	of the circuit court in which the petition is to be filed.
1032	6.  A certification of compliance with the requirements of
1033	s. 63.0425 regarding notice to grandparents of an impending
1034	adoption.
1035	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1036	summons to be issued substantially in the form provided in Form
1037	1.902, Florida Rules of Civil Procedure. The Petition and
1038	summons and a copy of the petition to terminate parental rights
1039	shall be served upon any person who executed a whose consent to
1040	adoption and has been provided but who has not waived service of
1041	the pleadings and notice of the hearing thereon and also upon
1042	any person whose consent to adoption is required under s. 63.062
1043	but who has not provided that consent or an affidavit of
1044	nonpaternity.
1045	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1046	petition or any pleading requiring an answer shall be filed in
1047	accordance with the Florida Family Law Rules of Civil Procedure.
1048	Failure to file a written response or to appear at the hearing
1049	on the petition constitutes grounds upon which the court may
1050	terminate parental rights. Failure to appear at the hearing
1051	constitutes grounds upon which the court may terminate parental
1052	rights. The petitioner shall provide notice of the final hearing
1053	by United States mail to any person who has been served with the
1054	summons and petition for termination of parental rights within
1055	the specified time periods. Notwithstanding the filing of any
1056	answer or any pleading, Any person present at the hearing to
1057	terminate parental rights pending adoption whose consent to
1058	adoption is required under s. 63.062 must:
1059	(a)  Be advised by the court that he or she has a right to
1060	ask that the hearing be reset for a later date so that the
1061	person may consult with an attorney; and
1062	(b)  Be given an opportunity to admit or deny the
1063	allegations in the petition.
1064	Section 15.  Section 63.088, Florida Statutes, is amended
1065	to read:
1066	63.088  Proceeding to terminate parental rights pending
1067	adoption; notice and service; diligent search.--
1068	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1069	virtue of the fact that he has engaged in a sexual relationship
1070	with a woman, is deemed to be on notice that a pregnancy and an
1071	adoption proceeding regarding that child may occur and that he
1072	has a duty to protect his own rights and interest. He is,
1073	therefore, entitled to notice of a birth or adoption proceeding
1074	with regard to that child only as provided in this chapter.
1075	(2)  INITIATION OF INITIATE LOCATION PROCEDURES.--When the
1076	location of a person whose consent to an adoption is required
1077	but is unknown not known, the adoption entity must begin the
1078	inquiry and diligent search process required by this section
1079	within a reasonable time period after the date on which the
1080	person seeking to place a minor for adoption has evidenced in
1081	writing to the adoption entity a desire to place the minor for
1082	adoption with that entity, or not later than 30 days after the
1083	date any money is provided as permitted under this chapter by
1084	the adoption entity for the benefit of the person seeking to
1085	place a minor for adoption.
1086	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1087	determine that a minor is available for adoption, and in
1088	addition to the other requirements set forth in this chapter,
1089	each person whose consent is required under s. 63.062, who has
1090	not executed a consent for adoption or an affidavit of
1091	nonpaternity, and whose location and identity have been
1092	determined by compliance with the procedures in this section
1093	must be personally served, pursuant to chapter 48, at least 20
1094	days before the hearing with a copy of the petition to terminate
1095	parental rights pending adoption and with notice in
1096	substantially the following form:
1097
1098	NOTICE OF PETITION AND HEARING
1099	TO TERMINATE PARENTAL RIGHTS
1100	PENDING ADOPTION
1101
1102	A petition to terminate parental rights pending adoption
1103	has been filed. A copy of the petition is being served with
1104	this notice. There will be a hearing on the petition to
1105	terminate parental rights pending adoption on   (date)   at
1106	(time)   before   (judge)   at   (location, including
1107	complete name and street address of the courthouse)  . The
1108	court has set aside   (amount of time)   for this hearing.
1109
1110
1111	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1112	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1113	WITH THE COURT AND OR TO APPEAR AT THIS HEARING CONSTITUTES
1114	GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS
1115	YOU MAY HAVE OR ASSERT REGARDING THE MINOR CHILD.
1116
1117	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1118	63.087, the court must conduct an inquiry of the person who is
1119	placing the minor for adoption and of any relative or person
1120	having legal custody of the minor who is present at the hearing
1121	and likely to have the following information regarding the
1122	identity of:
1123	(a)  Any person to whom the mother of the minor was married
1124	at any time when conception of the minor may have occurred or at
1125	the time of the birth of the minor;
1126	(b)  Any person who has been declared by a court to be the
1127	father of the minor;
1128	(b)(c)  Any man who has adopted the minor;
1129	(c)(d)  Any man who has been established by a court
1130	judgment as the father of the minor child before the date that a
1131	petition is filed for termination of parental rights with whom
1132	the mother was cohabiting at any time when conception of the
1133	minor may have occurred; and
1134	(d)(e)  Any man who has filed an affidavit of paternity
1135	pursuant to s. 382.013(2)(c) before the date that a petition is
1136	filed for termination of parental rights person who has
1137	acknowledged or claimed paternity of the minor.
1138
1139	The information required under this subsection may be provided
1140	to the court in the form of a sworn affidavit by a person having
1141	personal knowledge of the facts, addressing each inquiry
1142	enumerated in this subsection, except that, if the inquiry
1143	identifies a father under paragraph (a), paragraph (b), or
1144	paragraph (c), the inquiry shall not continue further. The
1145	inquiry required under this subsection may be conducted before
1146	the birth of the minor.
1147	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1148	the court under subsection (4) identifies any person whose
1149	consent to adoption is required under s. 63.062 and who has not
1150	executed a consent to adoption or an affidavit of nonpaternity,
1151	and the location of the person from whom consent is required is
1152	unknown, the adoption entity must conduct a diligent search for
1153	that person which must include inquiries concerning:
1154	(a)  The person's current address, or any previous address,
1155	through an inquiry of the United States Postal Service through
1156	the Freedom of Information Act;
1157	(b)  The last known employment of the person, including the
1158	name and address of the person's employer;
1159	(c)  Regulatory agencies, including those regulating
1160	licensing in the area where the person last resided;
1161	(d)  Names and addresses of relatives to the extent such
1162	can be reasonably obtained from the petitioner or other sources,
1163	contacts with those relatives, and inquiry as to the person's
1164	last known address. The petitioner shall pursue any leads of any
1165	addresses to which the person may have moved;
1166	(e)  Information as to whether or not the person may have
1167	died and, if so, the date and location;
1168	(f)  Telephone listings in the area where the person last
1169	resided;
1170	(g)  Inquiries of law enforcement agencies in the area
1171	where the person last resided;
1172	(h)  Highway patrol records in the state where the person
1173	last resided;
1174	(i)  Department of Corrections records in the state where
1175	the person last resided;
1176	(j)  Hospitals in the area where the person last resided;
1177	(k)  Records of utility companies, including water, sewer,
1178	cable television, and electric companies, in the area where the
1179	person last resided;
1180	(l)  Records of the Armed Forces of the United States as to
1181	whether there is any information as to the person;
1182	(m)  Records of the tax assessor and tax collector in the
1183	area where the person last resided; and
1184	(n)  Search of one Internet databank locator service.
1185
1186	A person contacted by a petitioner or adoption entity when
1187	requesting information under this subsection must release the
1188	requested information to the petitioner or adoption entity,
1189	except when prohibited by law, without the necessity of a
1190	subpoena or a court order. An affidavit of diligent search
1191	executed by the petitioner and the adoption entity must be filed
1192	with the court confirming completion of each aspect of the
1193	diligent search enumerated in this subsection and specifying the
1194	results. The diligent search required under this subsection may
1195	be conducted before the birth of the minor.
1196	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1197	if, as to any person whose consent is required under s. 63.062
1198	and who has not executed a consent to adoption or an affidavit
1199	of nonpaternity, the location of the person is unknown and the
1200	inquiry under subsection (4) fails to locate the person. The
1201	unlocated person must be served notice under subsection (3) by
1202	constructive service in the manner provided in chapter 49. The
1203	notice shall be published in the county where the person was
1204	last known to have resided. The notice, in addition to all
1205	information required under chapter 49, must include a physical
1206	description, including, but not limited to, age, race, hair and
1207	eye color, and approximate height and weight of the person, the
1208	minor's date of birth, and the place of birth of the minor.
1209	Constructive service by publication shall not be required to
1210	provide notice to an identified birth father whose consent is
1211	not required under pursuant to ss. 63.062 and 63.064.
1212	Section 16.  Section 63.089, Florida Statutes, is amended
1213	to read:
1214	63.089  Proceeding to terminate parental rights pending
1215	adoption; hearing; grounds; dismissal of petition; judgment.--
1216	(1)  HEARING.--The court may terminate parental rights
1217	pending adoption only after a hearing.
1218	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1219	only when:
1220	(a)  For each person whose consent to adoption is required
1221	under s. 63.062:
1222	1.  A consent under s. 63.082 has been executed and filed
1223	with the court;
1224	2.  An affidavit of nonpaternity under s. 63.082 has been
1225	executed and filed with the court;
1226	3.  Notice has been provided under ss. 63.087 and 63.088;
1227	or
1228	4.  The certificate from the Office of Vital Statistics has
1229	been provided to the court stating that a diligent search has
1230	been made of the Florida Putative Father Registry created in s.
1231	63.054 and that no filing has been found pertaining to the
1232	father of the child in question or, if a filing is found,
1233	stating the name of the putative father and the time and date of
1234	the filing.
1235	(b)  For each notice and petition that must be served under
1236	ss. 63.087 and 63.088:
1237	1.  At least 20 days have elapsed since the date of
1238	individual personal service and an affidavit of service has been
1239	filed with the court;
1240	2.  At least 30 days have elapsed since the first date of
1241	publication of constructive service and an affidavit of service
1242	has been filed with the court; or
1243	3.  An affidavit of nonpaternity, consent for adoption, or
1244	other document that which affirmatively waives service has been
1245	executed and filed with the court;
1246	(c)  The minor named in the petition has been born; and
1247	(d)  The petition contains all information required under
1248	s. 63.087 and all affidavits of inquiry, diligent search, and
1249	service required under s. 63.088 have been obtained and filed
1250	with the court.
1251	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1252	ADOPTION.--The court may enter a judgment terminating parental
1253	rights pending adoption or a judgment declaring that a person
1254	has no parental rights if the court determines by clear and
1255	convincing evidence, supported by written findings of fact, that
1256	the each person whose consent to adoption is required under s.
1257	63.062:
1258	(a)  Has executed a valid consent under s. 63.082 and the
1259	consent was obtained according to the requirements of this
1260	chapter;
1261	(b)  Has executed an affidavit of nonpaternity and the
1262	affidavit was obtained according to the requirements of this
1263	chapter;
1264	(c)  Has been served with a notice of the intended adoption
1265	plan in accordance with the provisions of s. 63.062(3) and has
1266	failed to respond within the designated time period;
1267	(d)  Failed to timely perfect his or her right to consent
1268	pursuant to s. 63.062 because the person failed to register as
1269	required by s. 63.054 and comply with s. 63.062(2)(b);
1270	(e)  Failed to timely perfect his or her right to consent
1271	pursuant to s. 63.062 because, in the case of a child who is
1272	placed with the adoptive parents more than 6 months after the
1273	child's birth, the person failed to register as required by s.
1274	63.054 and comply with s. 63.062(2)(a);
1275	(f)(d)  Has been properly served notice of the proceeding
1276	in accordance with the requirements of this chapter and has
1277	failed to file a written answer or appear at the evidentiary
1278	hearing resulting in the judgment terminating parental rights
1279	pending adoption;
1280	(g)(e)  Has been properly served notice of the proceeding
1281	in accordance with the requirements of this chapter and has been
1282	determined under subsection (4) to have abandoned the minor as
1283	defined in s. 63.032;
1284	(h)(f)  Is a parent of the person to be adopted, which
1285	parent has been judicially declared incapacitated with
1286	restoration of competency found to be medically improbable;
1287	(i)(g)  Is a person who has legal custody of the person to
1288	be adopted, other than a parent, who has failed to respond in
1289	writing to a request for consent for a period of 60 days or,
1290	after examination of his or her written reasons for withholding
1291	consent, is found by the court to be withholding his or her
1292	consent unreasonably;
1293	(j)(h)  Has been properly served notice of the proceeding
1294	in accordance with the requirements of this chapter, but has
1295	been found by the court, after examining written reasons for the
1296	withholding of consent, to be unreasonably withholding his or
1297	her consent; or
1298	(k)(i)  Is the spouse of the person to be adopted who has
1299	failed to consent, and the failure of the spouse to consent to
1300	the adoption is excused by reason of prolonged and unexplained
1301	absence, unavailability, incapacity, or circumstances that are
1302	found by the court to constitute unreasonable withholding of
1303	consent.
1304
1305	A person whose consent is not required may voluntarily waive any
1306	and all parental rights that he or she may have to the child by
1307	executing a consent for adoption or an affidavit of
1308	nonpaternity.
1309	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1310	resulting in a termination of parental rights must be based upon
1311	clear and convincing evidence that a parent or person having
1312	legal custody has abandoned the child in accordance with the
1313	definition contained in s. 63.032(1). A finding of abandonment
1314	may be based upon emotional abuse or a refusal to provide
1315	reasonable financial support, when able, to a birth mother
1316	during her pregnancy. If, in the opinion of the court, the
1317	efforts of a parent or person having legal custody of the child
1318	to support and communicate with the child are only marginal
1319	efforts that do not evince a settled purpose to assume all
1320	parental duties, the court may declare the child to be
1321	abandoned. In making this decision, the court may consider the
1322	conduct of a father toward the child's mother during her
1323	pregnancy.
1324	(a)  In making a determination of abandonment at a hearing
1325	for termination of parental rights under pursuant to this
1326	chapter, the court must consider, among other relevant factors
1327	not inconsistent with this section:
1328	1.  Whether the actions alleged to constitute abandonment
1329	demonstrate a willful disregard for the safety or welfare of the
1330	child or the unborn child;
1331	2.  Whether the person alleged to have abandoned the child,
1332	while being able, failed to provide financial support;
1333	3.  Whether the person alleged to have abandoned the child,
1334	while being able, failed to pay for medical treatment; and
1335	4.  Whether the amount of support provided or medical
1336	expenses paid was appropriate, taking into consideration the
1337	needs of the child and relative means and resources available to
1338	the person alleged to have abandoned the child.
1339	(b)  The child has been abandoned when the parent of a
1340	child is incarcerated on or after October 1, 2001, in a state or
1341	federal correctional institution and:
1342	1.  The period of time for which the parent has been or is
1343	expected to be incarcerated constitutes will constitute a
1344	significant substantial portion of the child's minority. This
1345	period of time begins on the date that the parent enters into
1346	incarceration at any federal, state, or county correctional
1347	institution or facility period of time before the child will
1348	attain the age of 18 years;
1349	2.  The incarcerated parent has been determined by the
1350	court to be a violent career criminal as defined in s. 775.084,
1351	a habitual violent felony offender as defined in s. 775.084,
1352	convicted of child abuse as defined in s. 827.03, or a sexual
1353	predator as defined in s. 775.21; has been convicted of first
1354	degree or second degree murder in violation of s. 782.04 or a
1355	sexual battery that constitutes a capital, life, or first degree
1356	felony violation of s. 794.011; or has been convicted of an
1357	offense in another jurisdiction which is substantially similar
1358	to one of the offenses listed in this subparagraph. As used in
1359	this section, the term "substantially similar offense" means any
1360	offense that is substantially similar in elements and penalties
1361	to one of those listed in this subparagraph, and that is in
1362	violation of a law of any other jurisdiction, whether that of
1363	another state, the District of Columbia, the United States or
1364	any possession or territory thereof, or any foreign
1365	jurisdiction; or
1366	3.  The court determines by clear and convincing evidence
1367	that continuing the parental relationship with the incarcerated
1368	parent would be harmful to the child and, for this reason, that
1369	termination of the parental rights of the incarcerated parent is
1370	in the best interest of the child.
1371	(5)  DISMISSAL OF PETITION.--If the court does not find by
1372	clear and convincing evidence that parental rights of a parent
1373	should be terminated pending adoption, the court must dismiss
1374	the petition and that parent's parental rights that were the
1375	subject of such petition shall remain in full force under the
1376	law. The order must include written findings in support of the
1377	dismissal, including findings as to the criteria in subsection
1378	(4) if rejecting a claim of abandonment. Parental rights may not
1379	be terminated based upon a consent that the court finds has been
1380	timely withdrawn under s. 63.082 or a consent to adoption or
1381	affidavit of nonpaternity that the court finds was obtained by
1382	fraud or duress. The court must enter an order based upon
1383	written findings providing for the placement of the minor. The
1384	court may order scientific testing to determine the paternity of
1385	the minor at any time during which the court has jurisdiction
1386	over the minor. Further proceedings, if any, regarding the minor
1387	must be brought in a separate custody action under chapter 61, a
1388	dependency action under chapter 39, or a paternity action under
1389	chapter 742.
1390	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1391	ADOPTION.--
1392	(a)  The judgment terminating parental rights pending
1393	adoption must be in writing and contain findings of fact as to
1394	the grounds for terminating parental rights pending adoption.
1395	(b)  Within 7 days after filing, the court shall mail a
1396	copy of the judgment to the department. The clerk shall execute
1397	a certificate of the such mailing.
1398	(c)  The judgment terminating parental rights pending
1399	adoption legally frees the child for subsequent adoption,
1400	adjudicates the child's status, and may not be challenged by a
1401	person claiming parental status who did not establish parental
1402	rights prior to the filing of the petition for termination,
1403	except as specifically provided in this chapter.
1404	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1405	(a)  A motion for relief from a judgment terminating
1406	parental rights must be filed with the court originally entering
1407	the judgment. The motion must be filed within a reasonable time,
1408	but not later than 1 year after the entry of the judgment
1409	terminating parental rights.
1410	(b)  No later than 30 days after the filing of a motion
1411	under this subsection, the court must conduct a preliminary
1412	hearing to determine what contact, if any, shall be permitted
1413	between a parent and the child pending resolution of the motion.
1414	The Such contact shall be considered only if it is requested by
1415	a parent who has appeared at the hearing. If the court orders
1416	contact between a parent and child, the order must be issued in
1417	writing as expeditiously as possible and must state with
1418	specificity the terms any provisions regarding contact with
1419	persons other than those with whom the child resides.
1420	(c)  At the preliminary hearing, the court, upon the motion
1421	of any party or upon its own motion, may order scientific
1422	testing to determine the paternity of the minor if the person
1423	seeking to set aside the judgment is alleging to be the child's
1424	father and that fact has not previously been determined by
1425	legitimacy or scientific testing. The court may order visitation
1426	with a person for whom scientific testing for paternity has been
1427	ordered and who has previously established a bonded relationship
1428	with the child.
1429	(d)  Unless otherwise agreed between the parties or for
1430	good cause shown, the court shall conduct a final hearing on the
1431	motion for relief from judgment within 45 days after the filing
1432	and enter its written order as expeditiously as possible
1433	thereafter.
1434	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1435	records pertaining to a petition to terminate parental rights
1436	pending adoption are related to the subsequent adoption of the
1437	minor and are subject to the provisions of s. 63.162. The
1438	confidentiality provisions of this chapter do not apply to the
1439	extent information regarding persons or proceedings must be made
1440	available as specified under s. 63.088.
1441	Section 17.  Section 63.092, Florida Statutes, is amended
1442	to read:
1443	63.092  Report to the court of intended placement by an
1444	adoption entity; at-risk placement; preliminary study.--
1445	(1)  REPORT TO THE COURT.--The adoption entity must report
1446	any intended placement of a minor for adoption with any person
1447	who is not a relative or a stepparent if the adoption entity has
1448	knowledge of, or participates in the, such intended placement.
1449	The report must be made to the court before the minor is placed
1450	in the home or within 2 business days 48 hours thereafter.
1451	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1452	prospective adoptive home before the parental rights of the
1453	minor's parents are terminated under s. 63.089, the placement is
1454	an at-risk placement. If the placement is an at-risk placement,
1455	the prospective adoptive parents must acknowledge in writing
1456	before the minor may be placed in the prospective adoptive home
1457	that the placement is at risk. The prospective adoptive parents
1458	shall be advised by the adoption entity, in writing, that the
1459	minor is subject to removal from the prospective adoptive home
1460	by the adoption entity or by court order at any time before
1461	prior to the finalization of the adoption.
1462	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1463	the intended adoptive home, a preliminary home study must be
1464	performed by a licensed child-placing agency, a child-caring
1465	agency registered under s. 409.176, a licensed professional, or
1466	an agency described in s. 61.20(2), unless the adoptee is an
1467	adult or the petitioner is a stepparent or a relative. If the
1468	adoptee is an adult or the petitioner is a stepparent or a
1469	relative, a preliminary home study may be required by the court
1470	for good cause shown. The department is required to perform the
1471	preliminary home study only if there is no licensed child-
1472	placing agency, child-caring agency registered under s. 409.176,
1473	licensed professional, or agency described in s. 61.20(2), in
1474	the county where the prospective adoptive parents reside. The
1475	preliminary home study must be made to determine the suitability
1476	of the intended adoptive parents and may be completed before
1477	prior to identification of a prospective adoptive minor. A
1478	favorable preliminary home study is valid for 1 year after the
1479	date of its completion. Upon its completion, a copy of the home
1480	study must be provided to the intended adoptive parents who were
1481	the subject of the home study. A minor may not be placed in an
1482	intended adoptive home before a favorable preliminary home study
1483	is completed unless the adoptive home is also a licensed foster
1484	home under s. 409.175. The preliminary home study must include,
1485	at a minimum:
1486	(a)  An interview with the intended adoptive parents;
1487	(b)  Records checks of the department's central abuse
1488	registry and criminal records correspondence checks under s.
1489	39.0138 through the Department of Law Enforcement on the
1490	intended adoptive parents;
1491	(c)  An assessment of the physical environment of the home;
1492	(d)  A determination of the financial security of the
1493	intended adoptive parents;
1494	(e)  Documentation of counseling and education of the
1495	intended adoptive parents on adoptive parenting;
1496	(f)  Documentation that information on adoption and the
1497	adoption process has been provided to the intended adoptive
1498	parents;
1499	(g)  Documentation that information on support services
1500	available in the community has been provided to the intended
1501	adoptive parents; and
1502	(h)  A copy of each intended adoptive parent's signed
1503	acknowledgment of receipt of disclosure required by s. 63.085.
1504
1505	If the preliminary home study is favorable, a minor may be
1506	placed in the home pending entry of the judgment of adoption. A
1507	minor may not be placed in the home if the preliminary home
1508	study is unfavorable. If the preliminary home study is
1509	unfavorable, the adoption entity may, within 20 days after
1510	receipt of a copy of the written recommendation, petition the
1511	court to determine the suitability of the intended adoptive
1512	home. A determination as to suitability under this subsection
1513	does not act as a presumption of suitability at the final
1514	hearing. In determining the suitability of the intended adoptive
1515	home, the court must consider the totality of the circumstances
1516	in the home. No minor may be placed in a home in which there
1517	resides any person determined by the court to be a sexual
1518	predator as defined in s. 775.21 or to have been convicted of an
1519	offense listed in s. 63.089(4)(b)2.
1520	Section 18.  Subsection (4) of section 63.097, Florida
1521	Statutes, is amended to read:
1522	63.097  Fees.--
1523	(1)  When the adoption entity is an agency, fees may be
1524	assessed if they are approved by the department within the
1525	process of licensing the agency and if they are for:
1526	(a)  Foster care expenses;
1527	(b)  Preplacement and postplacement social services; and
1528	(c)  Agency facility and administrative costs.
1529	(4)  Any fees, costs, or expenses not included in
1530	subsection (1) or subsection (2) or prohibited under subsection
1531	(5) require court approval prior to payment and must be based on
1532	a finding of extraordinary circumstances.
1533	Section 19.  Subsections (1), (2), (5), and (6) of section
1534	63.102, Florida Statutes, are amended to read:
1535	63.102  Filing of petition for adoption or declaratory
1536	statement; venue; proceeding for approval of fees and costs.--
1537	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1538	not be filed until after the entry of the judgment or decree
1539	terminating parental rights pending adoption under this chapter,
1540	unless the adoptee is an adult or, the petitioner is a
1541	stepparent or a relative, or the minor has been the subject of a
1542	judgment terminating parental rights under chapter 39. After a
1543	judgment terminating parental rights has been entered, a
1544	proceeding for adoption may be commenced by filing a petition
1545	entitled, "In the Matter of the Adoption of _____" in the
1546	circuit court. The person to be adopted shall be designated in
1547	the caption in the name by which he or she is to be known if the
1548	petition is granted. Except in the case of a joint petition for
1549	adoption of a stepchild, a relative, or an adult, any name by
1550	which the minor was previously known may not be disclosed in the
1551	petition, the notice of hearing, or the judgment of adoption, or
1552	the court docket according to s. 63.162(3).
1553	(2)  VENUE.--A petition for adoption or for a declaratory
1554	statement as to the adoption contract shall be filed in the
1555	county where the petition for termination of parental rights was
1556	granted or filed, unless the court, in accordance with s.
1557	47.122, changes the venue to the county where the petitioner or
1558	petitioners or the minor resides or where the adoption entity
1559	with which the minor has been placed is located. The circuit
1560	court in this state must retain jurisdiction over the matter
1561	until a final judgment is entered on the adoption, either within
1562	or outside the state. The Uniform Child Custody Jurisdiction and
1563	Enforcement Act does not apply until a final judgment is entered
1564	on the adoption.
1565	(5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
1566	prior approval of fees and costs may be commenced any time after
1567	an agreement is reached with between the birth mother or and the
1568	adoptive parents by filing a petition for declaratory statement
1569	on the agreement entitled "In the Matter of the Proposed
1570	Adoption of a Minor Child" in the circuit court.
1571	(a)  The petition must be filed by the adoption entity with
1572	the consent of the parties to the agreement.
1573	(b)  A contract for the payment of fees, costs, and
1574	expenses permitted under this chapter must be in writing, and
1575	any person who enters into the contract has 3 business days in
1576	which to cancel the contract unless placement of the child has
1577	occurred. To cancel the contract, the person must notify the
1578	adoption entity in writing by certified United States mail,
1579	return receipt requested, no later than 3 business days after
1580	signing the contract. For the purposes of this subsection, the
1581	term "business day" means a day on which the United States
1582	Postal Service accepts certified mail for delivery. If the
1583	contract is canceled within the first 3 business days, the
1584	person who cancels the contract does not owe any legal,
1585	intermediary, or other fees, but may be responsible for the
1586	adoption entity's actual costs during that time.
1587	(c)  The court may grant approval only of fees and expenses
1588	permitted under s. 63.097. A prior approval of prospective fees
1589	and costs shall create a presumption that these items will
1590	subsequently be approved by the court under s. 63.132. The
1591	court, under s. 63.132, may order an adoption entity to refund
1592	any amounts paid under this subsection that are subsequently
1593	found by the court to be greater than fees, costs, and expenses
1594	actually incurred.
1595	(d)  The contract may not require, and the court may not
1596	approve, any amount that constitutes payment for locating a
1597	minor for adoption, except as authorized under s. 63.212(1).
1598	(e)  A declaratory statement as to the adoption contract,
1599	regardless of when filed, shall be consolidated with any related
1600	petition for adoption. The clerk of the court shall only assess
1601	one filing fee that includes the adoption action, the
1602	declaratory statement petition, and the petition for termination
1603	of parental rights.
1604	(f)  Prior approval of fees and costs by the court does not
1605	obligate the parent to ultimately relinquish the minor for
1606	adoption.
1607	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1608	for the adoption of a stepchild, a relative, or an adult shall
1609	not require the filing of a separate judgment or separate
1610	proceeding terminating parental rights pending adoption. The
1611	final judgment of adoption has shall have the effect of
1612	terminating parental rights simultaneously with the granting of
1613	the decree of adoption.
1614	Section 20.  Subsection (2) of section 63.112, Florida
1615	Statutes, is amended to read:
1616	63.112  Petition for adoption; description; report or
1617	recommendation, exceptions; mailing.--
1618	(2)  The following documents are required to be filed with
1619	the clerk of the court at the time the petition is filed:
1620	(a)  A certified copy of the court judgment terminating
1621	parental rights under chapter 39 or under this chapter or, if
1622	the adoptee is an adult or a minor relative or stepchild of the
1623	petitioner, the required consent, unless such consent is excused
1624	by the court.
1625	(b)  The favorable preliminary home study by a of the
1626	department, licensed child-placing agency, a licensed or
1627	professional, or an agency described in s. 61.20(2), pursuant to
1628	s. 63.092, as to the suitability of the home in which the minor
1629	has been placed, unless the petitioner is a stepparent or a
1630	relative.
1631	(c)  A copy of any declaratory statement previously entered
1632	by the court pursuant to s. 63.102.
1633	(d)  Documentation that an interview was held with the
1634	minor, if older than 12 years of age, unless the court, in the
1635	best interest of the minor, dispenses with the minor's consent
1636	under s. 63.062(1)(c).
1637	Section 21.  Subsections (3) and (5) of section 63.122,
1638	Florida Statutes, are amended to read:
1639	63.122  Notice of hearing on petition.--
1640	(3)  Upon a showing by the petitioner or parent that the
1641	privacy, safety, or and welfare of the petitioner, parent, or
1642	minor may be endangered, the court may order the names of the
1643	petitioner, parent, or minor, or all both, to be deleted from
1644	the notice of hearing and from the copy of the petition attached
1645	thereto, provided the substantive rights of any person will not
1646	thereby be affected.
1647	(5)  After filing the petition to adopt an adult, the court
1648	may order an appropriate investigation to assist in determining
1649	whether the adoption is in the best interest of the persons
1650	involved and is in accordance with state law.
1651	Section 22.  Subsection (4) of section 63.125, Florida
1652	Statutes, is amended to read:
1653	63.125  Final home investigation.--
1654	(4)  The department, the licensed child-placing agency, or
1655	the professional making the required investigation may request
1656	other state agencies, licensed professionals qualified to
1657	conduct a home study, or child-placing agencies within or
1658	outside this state to make investigations of designated parts of
1659	the inquiry and to make a written report to the department, the
1660	professional, or other person or agency.
1661	Section 23.  Subsection (4) of section 63.132, Florida
1662	Statutes, is amended to read:
1663	63.132  Affidavit of expenses and receipts.--
1664	(4)  This section does not apply to an adoption by a
1665	stepparent or an adoption of a relative or adult, the
1666	finalization of an adoption of a minor whose parent's parental
1667	rights were terminated under chapter 39, or the domestication of
1668	an adoption decree of a minor child adopted in a foreign
1669	country.
1670	Section 24.  Section 63.135, Florida Statutes, is amended
1671	to read:
1672	63.135  Information under oath to be submitted to the
1673	court.--
1674	(1)  The adoption entity or petitioner must file an
1675	affidavit under the Uniform Child Custody Jurisdiction and
1676	Enforcement Act in a termination of parental rights Each party
1677	in an adoption proceeding, in the first pleading or in an
1678	affidavit attached to that pleading, shall give information
1679	under oath as to the child's present address, the places where
1680	the child has lived within the last 5 years, and the names and
1681	present addresses of the persons with whom the child has lived
1682	during that period. In the pleading or affidavit each party
1683	shall further declare under oath whether:
1684	(a)  The party has participated as a party or witness or in
1685	any other capacity in any other litigation concerning the
1686	custody of the same child in this or any other state;
1687	(b)  The party has information of any custody proceeding
1688	concerning the child pending in a court of this or any other
1689	state; and
1690	(c)  The party knows of any person not a party to the
1691	proceedings who has physical custody of the child or claims to
1692	have custody or visitation rights with respect to the child.
1693	(2)  If the declaration as to any item specified in
1694	subsection (1) is in the affirmative, the declarant shall give
1695	additional information under oath as required by the court. The
1696	court may examine the parties under oath about details of the
1697	information furnished and other matters pertinent to the court's
1698	jurisdiction and judgment of adoption.
1699	(2)(3)  Each party has a continuing duty to inform the
1700	court of any custody proceeding concerning the child in this or
1701	any other state about which he or she obtained information
1702	during this proceeding.
1703	Section 25.  Subsections (3) and (4) of section 63.142,
1704	Florida Statutes, are amended to read:
1705	63.142  Hearing; judgment of adoption.--
1706	(3)  DISMISSAL.--
1707	(a)  If the petition is dismissed, further proceedings, if
1708	any, regarding the minor must be brought in a separate custody
1709	action under chapter 61, a dependency action under chapter 39,
1710	or a paternity action under chapter 742 the court shall
1711	determine the person that is to have custody of the minor.
1712	(b)  If the petition is dismissed, the court shall state
1713	with specificity the reasons for the dismissal.
1714	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1715	court determines that the date for a parent to file an appeal of
1716	a valid judgment terminating that parent's parental rights has
1717	passed and no appeal, under pursuant to the Florida Rules of
1718	Appellate Procedure, is pending and that the adoption is in the
1719	best interest of the person to be adopted, a judgment of
1720	adoption shall be entered. A judgment terminating parental
1721	rights pending adoption is voidable and any later judgment of
1722	adoption of that minor is voidable if, upon a parent's motion
1723	for relief from judgment, the court finds that the adoption
1724	fails to substantially meet the requirements of this chapter.
1725	The motion must be filed within a reasonable time, but not later
1726	than 1 year after the date the judgment terminating parental
1727	rights was entered.
1728	Section 26.  Section 63.152, Florida Statutes, is amended
1729	to read:
1730	63.152  Application for new birth record.--Within 30 days
1731	after entry of a judgment of adoption, the clerk of the court
1732	shall transmit a certified statement of the entry to the state
1733	registrar of vital statistics in the state where the adopted
1734	person was born on a form provided by the registrar. A new birth
1735	record containing the necessary information supplied by the
1736	certificate shall be issued by the registrar on application of
1737	the adopting parents or the adopted person.
1738	Section 27.  Subsections (1), (3), and (7) of section
1739	63.162, Florida Statutes, are amended to read:
1740	63.162  Hearings and records in adoption proceedings;
1741	confidential nature.--
1742	(1)  All hearings held in proceedings under this chapter
1743	act shall be held in closed court without admittance of any
1744	person other than essential officers of the court, the parties,
1745	witnesses, counsel, persons who have not consented to the
1746	adoption and are required to consent, and representatives of the
1747	agencies who are present to perform their official duties.
1748	(3)  The court files, records, and papers in the adoption
1749	of a minor shall be indexed only in the name of the petitioner,
1750	and the names name of the petitioner and the minor may shall not
1751	be noted on any docket, index, or other record outside the court
1752	file, except that closed agency files may be cross-referenced in
1753	the original and adoptive names of the minor.
1754	(7)  The court may, upon petition of an adult adoptee, for
1755	good cause shown, appoint an intermediary or a licensed child-
1756	placing agency to contact a birth parent and to who has not
1757	registered with the adoption registry pursuant to s. 63.165 and
1758	advise him or her them of the adoptee's request to open the file
1759	and the adoption registry and offer the parent the opportunity
1760	to waive confidentiality and consent to the opening of the
1761	parent's records availability of same.
1762	Section 28.  Section 63.192, Florida Statutes, is amended
1763	to read:
1764	63.192  Recognition of foreign judgment or decree affecting
1765	adoption.--A judgment of court terminating the relationship of
1766	parent and child or establishing the relationship by adoption,
1767	or a decree granting legal guardianship for purposes of
1768	adoption, issued pursuant to due process of law by a court or
1769	authorized body of any other jurisdiction within or without the
1770	United States shall be recognized in this state, and the rights
1771	and obligations of the parties on matters within the
1772	jurisdiction of this state shall be determined as though the
1773	judgment or decree were issued by a court of this state. A
1774	judgment or decree of a court or authorized body terminating the
1775	relationship of a parent and child, whether independent,
1776	incorporated in an adoption decree, or incorporated in a legal
1777	guardianship order issued pursuant to due process of law of any
1778	other jurisdiction within or without the United States, shall be
1779	deemed to effectively terminate parental rights for purposes of
1780	a proceeding on a petition for adoption in this state. When a
1781	minor child has been made available for adoption in a foreign
1782	state or foreign country and the parental rights of the minor
1783	child's parent have been terminated or the child has been
1784	declared to be abandoned or orphaned, no additional termination
1785	of parental rights proceeding need occur, and the adoption may
1786	be finalized according to the procedures set forth in this
1787	chapter.
1788	Section 29.  Paragraph (b) of subsection (1) of section
1789	63.207, Florida Statutes, is amended to read:
1790	63.207  Out-of-state placement.--
1791	(1)  Unless the parent placing a minor for adoption files
1792	an affidavit that the parent chooses to place the minor outside
1793	the state, giving the reason for that placement, or the minor is
1794	to be placed with a relative or with a stepparent, or the minor
1795	is a special needs child, as defined in s. 409.166, or for other
1796	good cause shown, an adoption entity may not:
1797	(b)  Place or attempt to place a minor for the purpose of
1798	adoption with a family who primarily lives and works outside
1799	Florida in another state. If an adoption entity is acting under
1800	this subsection, the adoption entity must file a petition for
1801	declaratory statement pursuant to s. 63.102 for prior approval
1802	of fees and costs. The court shall review the costs pursuant to
1803	s. 63.097. The petition for declaratory statement must be
1804	converted to a petition for an adoption upon placement of the
1805	minor in the home. When a minor is placed for adoption with
1806	prospective adoptive parents who primarily live and work outside
1807	this state, the circuit court in this state may retain
1808	jurisdiction over the matter until the adoption becomes final.
1809	The prospective adoptive parents may finalize the adoption in
1810	this state or in their home state.
1811	Section 30.  Paragraph (c) of subsection (1) and
1812	subsections (2) and (7) of section 63.212, Florida Statutes, are
1813	amended to read:
1814	63.212  Prohibited acts; penalties for violation.--
1815	(1)  It is unlawful for any person:
1816	(c)  To sell or surrender, or to arrange for the sale or
1817	surrender of, a minor to another person for money or anything of
1818	value or to receive a such minor child for a such payment or
1819	thing of value. If a minor is being adopted by a relative or by
1820	a stepparent, or is being adopted through an adoption entity,
1821	this paragraph does not prohibit the person who is contemplating
1822	adopting the child from paying, under ss. 63.097 and 63.132, the
1823	actual prenatal care and living expenses of the mother of the
1824	child to be adopted, or from paying, under ss. 63.097 and
1825	63.132, the actual living and medical expenses of the such
1826	mother for a reasonable time, not to exceed 6 weeks, if medical
1827	needs require such support, after the birth of the minor.
1828	(2)(a)  It is unlawful for any person or adoption entity
1829	under this chapter to:
1830	1.  Knowingly provide false information; or
1831	2.  Knowingly withhold material information.
1832	(b)  It is unlawful for a parent, with the intent to
1833	defraud, to accept benefits related to the same pregnancy from
1834	more than one adoption entity without disclosing that fact to
1835	each entity.
1836	(c)  It is unlawful for any person who knows that the
1837	parent whose rights are to be terminated intends to object to
1838	said termination to intentionally file the petition for
1839	termination of parental rights in a county inconsistent with the
1840	required venue under such circumstances.
1841
1842	Any person who willfully violates any provision of this
1843	subsection commits a misdemeanor of the second degree,
1844	punishable as provided in s. 775.082 or s. 775.083. In addition,
1845	the such person is liable for damages caused by the such acts or
1846	omissions, including reasonable attorney's fees and costs.
1847	Damages may be awarded through restitution in any related
1848	criminal prosecution or by filing a separate civil action.
1849	(7)  It is unlawful for any adoptive parent or adoption
1850	entity to obtain a preliminary home study or final home
1851	investigation and fail to disclose the existence of the study or
1852	investigation to the court when required by law to do so.
1853	Section 31.  Subsection (4) and paragraph (c) of subsection
1854	(6) of section 63.213, Florida Statutes, are amended to read:
1855	63.213  Preplanned adoption agreement.--
1856	(4)  An attorney who represents an intended father and
1857	intended mother or any other attorney with whom that attorney is
1858	associated shall not represent simultaneously a female who is or
1859	proposes to be a volunteer mother in the same any matter
1860	relating to a preplanned adoption agreement or preplanned
1861	adoption arrangement.
1862	(6)  As used in this section, the term:
1863	(c)  "Fertility technique" means artificial embryonation
1864	or, artificial insemination, whether in vivo or in vitro or, egg
1865	donation, or embryo adoption.
1866	Section 32.  Section 63.236, Florida Statutes, is created
1867	to read:
1868	63.236  Petitions filed before effective date; governing
1869	law.--Any petition for termination of parental rights filed
1870	before July 1, 2007, shall be governed by the law in effect at
1871	the time the petition was filed.
1872	Section 33.  Paragraph (a) of subsection (2), paragraph (a)
1873	of subsection (3), and subsection (5) of section 409.166,
1874	Florida Statutes, are amended to read:
1875	409.166  Special needs children; subsidized adoption
1876	program.--
1877	(2)  DEFINITIONS.--As used in this section, the term:
1878	(a)  "Special needs child" means a child whose permanent
1879	custody has been awarded to the department, or to a licensed
1880	child-placing agency, or to an adoption intermediary and:
1881	1.  Who has established significant emotional ties with his
1882	or her foster parents; or
1883	2.  Is not likely to be adopted because he or she is:
1884	a.  Eight years of age or older;
1885	b.  Mentally retarded;
1886	c.  Physically or emotionally handicapped;
1887	d.  Of black or racially mixed parentage; or
1888	e.  A member of a sibling group of any age, provided two or
1889	more members of a sibling group remain together for purposes of
1890	adoption.
1891	(3)  ADMINISTRATION OF PROGRAM.--
1892	(a)  The department shall establish and administer an
1893	adoption program for special needs children to be carried out by
1894	the department, or by contract with a licensed child-placing
1895	agency, or by an adoption intermediary. The program shall
1896	attempt to increase the number of persons seeking to adopt
1897	special needs children and the number of adoption placements and
1898	shall extend subsidies and services, when needed, to the
1899	adopting parents of a special needs child.
1900	(5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be
1901	waived for all adoptive parents who participate in the program
1902	who adopt children in the custody of the department. Fees may be
1903	waived for families who adopt children in the custody of
1904	licensed child-placing agencies or who adopt children through
1905	intermediary-placed independent adoptions, and who receive or
1906	may be eligible for subsidies through the department.
1907	Retroactive reimbursement of fees may not be required for
1908	families who adopt children in the custody of licensed child-
1909	placing agencies.
1910	Section 34.  Paragraph (b) of subsection (5), paragraph (b)
1911	of subsection (10), paragraph (b) of subsection (11), and
1912	subsection (14) of section 409.176, Florida Statutes, are
1913	amended to read:
1914	409.176  Registration of residential child-caring agencies
1915	and family foster homes.--
1916	(5)  The licensing provisions of s. 409.175 do not apply to
1917	a facility operated by an organization that:
1918	(b)  Is certified by a Florida statewide child care
1919	organization that which was in existence on January 1, 1984, and
1920	that which publishes, and requires compliance with, its
1921	standards and files copies thereof with the department. These
1922	Such standards shall be in substantial compliance with published
1923	minimum standards that similar licensed child-caring agencies,
1924	licensed child-placing agencies, or family foster homes are
1925	required to meet, as determined by the department, with the
1926	exception of those standards of a curricular or religious nature
1927	and those relating to staffing or financial stability of
1928	licensed child-caring agencies or family foster homes. Once the
1929	department has determined that the standards for child-caring
1930	agencies, child-placing agencies, or family foster homes are in
1931	substantial compliance with minimum standards that similar
1932	facilities are required to meet, the standards need do not have
1933	to be resubmitted to the department unless a change occurs in
1934	the standards. Any changes in the standards shall be provided to
1935	the department within 10 days after of their adoption.
1936	(10)
1937	(b)  The qualified association shall notify the department
1938	when the qualified association finds, within 30 days after
1939	written notification by registered mail of the requirement for
1940	registration, that a person or facility continues to care for or
1941	place children without a certificate of registration. The
1942	department shall notify the appropriate state attorney of the
1943	violation of law and, if necessary, shall institute a civil suit
1944	to enjoin the person or facility from continuing the care or
1945	placement of children.
1946	(11)
1947	(b)  If the department determines that a person or facility
1948	is caring for or placing a child without a valid certificate of
1949	registration issued by the qualified association or has made a
1950	willful or intentional misstatement on any registration
1951	application or other document required to be filed in connection
1952	with an application for a certificate of registration, the
1953	qualified association, as an alternative to or in conjunction
1954	with an administrative action against the such person or
1955	facility, shall make a reasonable attempt to discuss each
1956	violation with, and recommend corrective action to, the person
1957	or the administrator of the facility, prior to written
1958	notification thereof.
1959	(14)  Registration under this section, including the issue
1960	of substantial compliance with published minimum standards that
1961	similar licensed child-caring facilities, licensed child-placing
1962	agencies, or family foster homes are required to meet, as
1963	provided in paragraph (5)(b), is subject to the provisions of
1964	chapter 120.
1965	Section 35.  Section 742.021, Florida Statutes, is amended
1966	to read:
1967	742.021  Venue, process, complaint.--The proceedings shall
1968	be in the circuit court of the county where the plaintiff
1969	resides or of the county where the defendant resides. The
1970	complaint shall aver sufficient facts charging the paternity of
1971	the child. Upon filing of every complaint seeking to determine
1972	paternity, the clerk of court shall issue a notice to be
1973	provided to each petitioner upon filing and to each respondent
1974	with service of the petition. The notice shall be in
1975	substantially the following form:
1976
1977	In order to preserve the right to notice and consent to the
1978	adoption of the child, an unmarried biological father must,
1979	as the "registrant," file a notarized claim of paternity
1980	form with the Florida Putative Father Registry maintained
1981	by the Office of Vital Statistics of the Department of
1982	Health and shall include therein confirmation of his
1983	willingness and intent to support the child for whom
1984	paternity is claimed in accordance with state law. The
1985	claim of paternity may be filed at any time prior to the
1986	child's birth, but a claim of paternity may not be filed
1987	after the date a petition is filed for termination of
1988	parental rights.
1989
1990	Process directed to the defendant shall issue forthwith
1991	requiring the defendant to file written defenses to the
1992	complaint in the same manner as suits in chancery. Upon
1993	application and proof under oath, the court may issue a writ of
1994	ne exeat against the defendant on such terms and conditions and
1995	conditioned upon bond in such amount as the court may determine.
1996	Section 36.  Subsection (1) of section 742.10, Florida
1997	Statutes, is amended to read:
1998	742.10  Establishment of paternity for children born out of
1999	wedlock.--
2000	(1)  Except as provided chapters 39 and 63, this chapter
2001	provides the primary jurisdiction and procedures for the
2002	determination of paternity for children born out of wedlock.
2003	When the establishment of paternity has been raised and
2004	determined within an adjudicatory hearing brought under the
2005	statutes governing inheritance, or dependency under workers'
2006	compensation or similar compensation programs, or when an
2007	affidavit acknowledging paternity or a stipulation of paternity
2008	is executed by both parties and filed with the clerk of the
2009	court, or when an affidavit, a notarized voluntary
2010	acknowledgment of paternity, or a voluntary acknowledgment of
2011	paternity that is witnessed by two individuals and signed under
2012	penalty of perjury as provided for in s. 382.013 or s. 382.016
2013	is executed by both parties, or when paternity is adjudicated by
2014	the Department of Revenue as provided in s. 409.256, such
2015	adjudication, affidavit, or acknowledgment constitutes the
2016	establishment of paternity for purposes of this chapter. If no
2017	adjudicatory proceeding was held, a notarized voluntary
2018	acknowledgment of paternity or voluntary acknowledgment of
2019	paternity that is witnessed by two individuals and signed under
2020	penalty of perjury as specified by s. 92.525(2) shall create a
2021	rebuttable presumption, as defined by s. 90.304, of paternity
2022	and is subject to the right of any signatory to rescind the
2023	acknowledgment within 60 days after the date the acknowledgment
2024	was signed or the date of an administrative or judicial
2025	proceeding relating to the child, including a proceeding to
2026	establish a support order, in which the signatory is a party,
2027	whichever is earlier. Both parents must provide their social
2028	security numbers on any acknowledgment of paternity, consent
2029	affidavit, or stipulation of paternity. Except for affidavits
2030	under seal pursuant to ss. 382.015 and 382.016, the Office of
2031	Vital Statistics shall provide certified copies of affidavits to
2032	the Title IV-D agency upon request.
2033	Section 37.  This act shall take effect July 1, 2007.

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