CS/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 terms "legal custodian" and "primarily lives and works
10	in Florida"; amending s. 63.039, F.S.; requiring an
11	adoption entity to provide adoption disclosure forms to
12	persons whose consent is required for adoption; amending
13	s. 63.0423, F.S.; providing that a judgment of adoption is
14	voidable under certain circumstances involving provision
15	of false information; amending s. 63.0425, F.S.; providing
16	a 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
25	legislative intent; providing that an unmarried biological
26	father who fails to register paternity prior to the filing
27	of a petition for termination of parental rights may not
28	file a paternity claim under ch. 742, F.S.; providing that
29	if an unmarried biological father fails to report a change
30	of address to the Florida Putative Father Registry, the
31	failure is not a valid defense based upon lack of notice
32	and the adoption entity or adoption petitioner is not
33	obligated to search further for the registrant; requiring
34	a petitioner in a proceeding in which parental rights are
35	terminated simultaneously with entry of final judgment of
36	adoption to provide certain notice to the Office of Vital
37	Statistics of the Department of Health; providing
38	procedures for a search of the Florida Putative Father
39	Registry when termination of parental rights and an
40	adoption proceeding are adjudicated separately; amending
41	s. 63.062, F.S.; revising provisions relating to service
42	of notice to the father of a minor under certain
43	circumstances; revising requirements for an unmarried
44	biological father to be determined to have a substantial
45	relationship with the child; providing that an adoption
46	agency may file a notice of an intended adoption plan at
47	any time before the birth of the child or before placing
48	the child in the adoptive home; providing for the proper
49	venue to file a petition to terminate parental rights;
50	amending s. 63.063, F.S.; revising provisions relating to
51	responsibilities of each party pertaining to fraudulent
52	actions; amending s. 63.082, F.S.; providing that notice
53	and consent provisions do not apply in cases in which the
54	child was conceived as a result of a violation of certain
55	criminal statutes; revising consent requirements
56	applicable to men; limiting period for revocation of a
57	consent to adopt to 3 business days if the child is older
58	than 6 months of age; providing conditions under which a
59	court must relinquish jurisdiction in a dependency
60	proceeding; revising requirements for withdrawing a
61	consent for adoption; amending s. 63.085, F.S.; revising
62	requirements for required disclosures by an adoption
63	entity; requiring that certain background information on
64	the child be revealed to prospective adoptive parents;
65	amending s. 63.087, F.S.; revising procedures to terminate
66	parental rights pending an adoption; providing the proper
67	venue in which to file a petition to terminate parental
68	rights; requiring a person to answer the petition and to
69	appear at the hearing for termination of parental rights;
70	providing applicability; providing that failure to appear
71	at certain hearings constitutes grounds for termination of
72	parental rights; removing provision relating to procedure
73	for notifying a petitioner of a final hearing; amending s.
74	63.088, F.S.; requiring the court to conduct an inquiry
75	concerning the father of the child who is to be adopted;
76	revising requirements for notice concerning the
77	termination of parental rights; requiring persons
78	contacted by a petitioner or adoption entity to release
79	certain information; amending s. 63.089, F.S.; revising
80	provisions relating to service of notice and petition
81	regarding termination of parental rights and consent to
82	adoption; revising conditions under which the court may
83	enter a judgment terminating parental rights; revising
84	conditions for making a finding of abandonment;
85	prohibiting a person who failed to establish parental
86	rights from challenging a judgment terminating parental
87	rights under certain circumstances; amending s. 63.092,
88	F.S.; revising conditions of and timeframe for an adoption
89	entity to report intent to place a minor for adoption to
90	the court; amending s. 63.097, F.S.; providing that
91	certain additional fees, costs, and expenses do not
92	require court approval prior to payment; amending s.
93	63.102, F.S.; revising procedures for the filing of a
94	petition for adoption; providing the proper venue where
95	the petition may be filed; amending s. 63.112, F.S.;
96	revising language requiring that certain documents be
97	filed at the same time the petition for adoption is filed;
98	amending s. 63.122, F.S.; providing that certain
99	information may be removed from the petition under certain
100	circumstances; amending s. 63.125, F.S.; providing that
101	certain licensed professionals may conduct the final home
102	investigation; amending s. 63.132, F.S.; providing
103	exceptions to the requirement that the adoptive parent and
104	the adoption entity file an affidavit itemizing all
105	expenses and receipts; amending s. 63.135, F.S.; requiring
106	the adoption entity or petitioner to file an affidavit
107	under the Uniform Child Custody Jurisdiction and
108	Enforcement Act in a termination of parental rights
109	proceeding; deleting information required to be submitted
110	under oath to the court; amending s. 63.142, F.S.;
111	requiring that if an adoption petition is dismissed, any
112	further proceedings regarding the minor be brought in a
113	separate custody action under ch. 61, F.S., a dependency
114	action under ch. 39, F.S., or a paternity action under ch.
115	742, F.S.; revising conditions under which a judgment
116	terminating parental rights is voidable; amending s.
117	63.152, F.S.; requiring the clerk of court to transmit a
118	certified statement of the adoption to the state where the
119	child was born; amending s. 63.162, F.S.; revising
120	requirements concerning the disclosure of information
121	pertaining to an adoption; amending s. 63.182, F.S.;
122	providing that the statute of repose applies to the
123	adoption of a minor; amending s. 63.192, F.S.; requiring
124	the courts of this state to recognize decrees of
125	termination of parental rights and adoptions from other
126	states and countries; amending s. 63.207, F.S.; permitting
127	prospective adoptive parents to finalize the adoption in
128	their home state; amending s. 63.212, F.S.; revising acts
129	that are unlawful pertaining to adoptions; providing
130	penalties; amending s. 63.213, F.S.; prohibiting an
131	attorney from representing the volunteer mother and the
132	intended father and mother in a preplanned adoption
133	arrangement; revising the definition of "fertility
134	technique"; creating s. 63.236, F.S.; providing that any
135	petition for termination of parental rights filed before
136	the effective date of the act is governed by the law in
137	effect at the time the petition was filed; amending s.
138	382.017, F.S.; providing that a certificate of foreign
139	birth for an adoptee born in a foreign country may be
140	issued without a judgment of adoption by a court of
141	competent jurisdiction of this state if the adopting
142	parents submit specified documentation; amending s.
143	383.50, F.S.; increasing the age used in the definition of
144	the term "newborn infant"; amending s. 409.176, F.S.;
145	providing that licensing provisions do not apply to
146	organizations whose standards are similar to those of
147	licensed child-placing agencies; providing
148	responsibilities of a qualified association meeting
149	standards of a statewide child care organization; amending
150	s. 742.021, F.S.; requiring the clerk of court to issue
151	certain notice in cases of complaints concerning
152	determination of paternity; amending s. 742.10, F.S.;
153	providing applicability of chs. 39 and 63, F.S., to
154	jurisdiction and procedures for determination of paternity
155	for children born out of wedlock; providing for
156	severability; providing an effective date.
157
158	Be It Enacted by the Legislature of the State of Florida:
159
160	Section 1.  Subsection (13) of section 49.011, Florida
161	Statutes, is amended to read:
162	49.011  Service of process by publication; cases in which
163	allowed.--Service of process by publication may be made in any
164	court on any person mentioned in s. 49.021 in any action or
165	proceeding:
166	(13)  For termination of parental rights pursuant to part
167	IX of chapter 39 or chapter 63.
168	Section 2.  Subsection (5) of section 63.022, Florida
169	Statutes, is amended to read:
170	63.022  Legislative intent.--
171	(5)  It is the intent of the Legislature to provide for
172	cooperation between private adoption entities and the Department
173	of Children and Family Services in matters relating to permanent
174	placement options for children in the care of the department
175	whose birth parent wishes parents wish to participate in a
176	private adoption plan with a qualified family.
177	Section 3.  Section 63.032, Florida Statutes, is amended to
178	read:
179	63.032  Definitions.--As used in this chapter, the term:
180	(1)  "Abandoned" means a situation in which the parent or
181	person having legal custody of a child, while being able, makes
182	no provision for the child's support and makes little or no
183	effort to communicate with the child, which situation is
184	sufficient to evince an intent to reject parental
185	responsibilities. If, in the opinion of the court, the efforts
186	of such parent or person having legal custody of the child to
187	support and communicate with the child are only marginal efforts
188	that do not evince a settled purpose to assume all parental
189	duties, the court may declare the child to be abandoned. In
190	making this decision, the court may consider the conduct of a
191	father towards the child's mother during her pregnancy.
192	(2)  "Adoption" means the act of creating the legal
193	relationship between parent and child where it did not exist,
194	thereby declaring the child to be legally the child of the
195	adoptive parents and their heir at law and entitled to all the
196	rights and privileges and subject to all the obligations of a
197	child born to such adoptive parents in lawful wedlock.
198	(3)  "Adoption entity" means the department, an agency, a
199	child-caring agency registered under s. 409.176, an
200	intermediary, or a child-placing agency licensed in another
201	state which is qualified by the department to place children in
202	the State of Florida.
203	(4)(20)  "Adoption plan" means an arrangement arrangements
204	made by a birth parent or other individual having a legal right
205	to custody of a minor child, born or to be born, with an
206	adoption entity in furtherance of placing the placement of the
207	minor for adoption.
208	(5)(4)  "Adult" means a person who is not a minor.
209	(6)(5)  "Agency" means any child-placing agency licensed by
210	the department pursuant to s. 63.202 to place minors for
211	adoption.
212	(7)(6)  "Child" has the same meaning as in s. 39.01 means a
213	son or daughter, whether by birth or adoption.
214	(8)(7)  "Court" means any circuit court of this state and,
215	when the context requires, the court of any state that is
216	empowered to grant petitions for adoption.
217	(9)(8)  "Department" means the Department of Children and
218	Family Services.
219	(10)(9)  "Intermediary" means an attorney who is licensed
220	or authorized to practice in this state and who is placing or
221	intends to place a child for adoption, including placing
222	children born in another state with citizens of this state or
223	country or placing children born in this state with citizens of
224	another state or country.
225	(11)  "Legal custodian" means the person or entity in whom
226	the legal right to custody is vested.
227	(12)(10)  "Legal custody" means a legal status created by
228	court order or letters of guardianship issued by a court of
229	competent jurisdiction that vests in a custodian or guardian of
230	the child, whether an agency or an individual, the right to have
231	physical custody of the child and the right and duty to protect,
232	train, and discipline the child and to provide him or her with
233	food, shelter, education, and ordinary medical, dental,
234	psychiatric, and psychological care has the meaning ascribed in
235	s. 39.01.
236	(13)(11)  "Minor" means a person under the age of 18 years.
237	(14)(12)  "Parent" means a woman who gives birth to a child
238	or a man whose consent to the adoption of the child would be
239	required under s. 63.062(1). If a child has been legally
240	adopted, the term "parent" means the adoptive mother or father
241	of the child. The term does not include an individual whose
242	parental relationship to the child has been legally terminated
243	or an alleged or prospective father has the same meaning
244	ascribed in s. 39.01.
245	(15)(13)  "Person" includes a natural person, corporation,
246	government or governmental subdivision or agency, business
247	trust, estate, trust, partnership, or association, and any other
248	legal entity.
249	(16)(15)  "Placement" or "to place" means the process of a
250	parent or legal guardian surrendering a child for adoption and
251	the prospective adoptive parents receiving and adopting the
252	child, and includes all actions by any person or adoption entity
253	participating in the process.
254	(17)  "Primarily lives and works in Florida" means that a
255	person lives and works in this state at least 6 months and 1 day
256	of the year, is a member of military personnel who designates
257	Florida as his or her place of residence in accordance with the
258	Servicemembers Civil Relief Act, Pub. L. No. 108-189, or is a
259	citizen of the United States living in a foreign country who
260	designates Florida as his or her place of residence.
261	(16)  "Placement" means the process of a parent or legal
262	guardian surrendering a child for adoption and the prospective
263	adoptive parents receiving and adopting the child and all
264	actions by any adoption entity participating in placing the
265	child.
266	(18)(17)  "Primarily lives and works outside Florida" means
267	that a person who lives and works outside this state at least 6
268	months and 1 day of the year, is a member of military personnel
269	who designates a state other than designate Florida as his or
270	her their place of residence in accordance with the
271	Servicemembers Civil Relief Act, Pub. L. No. 108-189 Soldiers'
272	and Sailors' Civil Relief Act of 1940, or is a citizen employees
273	of the United States Department of State living in a foreign
274	country who designates designate a state other than Florida as
275	his or her their place of residence.
276	(19)(14)  "Relative" means a person related by blood within
277	the third degree of consanguinity, by adoption, or by marriage
278	to the person being adopted within the third degree of
279	consanguinity.
280	(20)(18)  "Suitability of the intended placement" includes
281	the fitness of the intended placement, with primary
282	consideration being given to the best interest of the child.
283	(21)(19)  "Unmarried biological father" means the child's
284	biological father who is not married to the child's mother at
285	the time of conception or birth of the child and who, prior to
286	the filing of the petition to terminate parental rights, has not
287	been declared by a court of competent jurisdiction to be the
288	legal father of the child or has not executed an affidavit
289	pursuant to s. 382.013(2)(c).
290	Section 4.  Paragraph (i) of subsection (1) of section
291	63.039, Florida Statutes, is amended, and paragraph (j) is added
292	to that subsection, to read:
293	63.039  Duty of adoption entity to prospective adoptive
294	parents; sanctions.--
295	(1)  An adoption entity placing a minor for adoption has an
296	affirmative duty to follow the requirements of this chapter and
297	specifically the following provisions, which protect and promote
298	the well-being of persons being adopted and their parents and
299	prospective adoptive parents by promoting certainty, finality,
300	and permanency for such persons. The adoption entity must:
301	(i)  Obtain the written waiver of venue, if applicable,
302	required under s. 63.062 in cases in which venue for the
303	termination of parental rights will be located in a county other
304	than the county where a parent whose rights are to be terminated
305	resides.
306	(j)  Provide an adoption disclosure form to all persons
307	whose consent is required under s. 63.062(1) and any unmarried
308	biological father identified by the biological mother as a
309	biological father of the child, when their identities and
310	locations are known.
311	Section 5.  Subsection (9) of section 63.0423, Florida
312	Statutes, is amended to read:
313	63.0423  Procedures with respect to abandoned infants.--
314	(9)(a)  A judgment terminating parental rights pending
315	adoption involving a minor who was abandoned as described in
316	this section is voidable, and any later judgment of adoption of
317	that minor is voidable, if, upon the motion of a birth parent
318	whose consent is required for adoption, the court finds that a
319	person knowingly gave false information that prevented the birth
320	parent from timely making known his or her desire to assume
321	parental responsibilities toward the minor or from exercising
322	his or her parental rights. A motion under this subsection must
323	be filed with the court originally entering the judgment. The
324	motion must be filed within a reasonable time, but not later
325	than 1 year after the entry of the judgment terminating parental
326	rights.
327	(b)  No later than 30 days after the filing of a motion
328	under this subsection, the court shall conduct a preliminary
329	hearing to determine what contact, if any, will be permitted
330	between a birth parent and the child pending resolution of the
331	motion. The Such contact may be allowed only if it is requested
332	by a parent who has appeared at the hearing and the court
333	determines that it is in the best interest of the child. If the
334	court orders contact between a birth parent and child, the order
335	must be issued in writing as expeditiously as possible and must
336	state with specificity the terms any provisions regarding
337	contact with persons other than those with whom the child
338	resides.
339	(c)  At the preliminary hearing, the court, upon the motion
340	of any party or upon its own motion, may order scientific
341	testing to determine the paternity or maternity of the minor if
342	the person seeking to set aside the judgment is alleging to be
343	the child's birth parent but has not previously been determined
344	by legal proceedings or scientific testing to be the birth
345	parent. Upon the filing of test results establishing that
346	person's maternity or paternity of the abandoned infant, the
347	court may order visitation as it deems appropriate and in the
348	best interest of the child.
349	(d)  Within 45 days after the preliminary hearing, the
350	court shall conduct a final hearing on the motion to set aside
351	the judgment and shall enter its written order as expeditiously
352	as possible thereafter.
353	Section 6.  Section 63.0425, Florida Statutes, is amended
354	to read:
355	63.0425  Grandparent's right to notice adopt.--
356	(1)  When a child has lived with a grandparent for at least
357	6 months within the 24-month period immediately preceding the
358	filing of a petition for termination of parental rights pending
359	adoption, the adoption entity shall provide notice to that
360	grandparent of the hearing on the petition for termination of
361	parental rights pending adoption.
362	(2)  This section shall not apply if the placement for
363	adoption is a result of the death of the child's parent and a
364	different preference is stated in the parent's will.
365	(3)  This section shall not apply in stepparent adoptions.
366	(4)  Nothing in this section shall contravene the
367	provisions of s. 63.142(4).
368	Section 7.  Subsections (1) and (7) of section 63.052,
369	Florida Statutes, are amended to read:
370	63.052  Guardians designated; proof of commitment.--
371	(1)  For minors who have been placed for adoption with and
372	permanently committed to an adoption entity, other than an
373	intermediary, such adoption entity shall be the guardian of the
374	person of the minor and has the responsibility and authority to
375	provide for the needs and welfare of the minor.
376	(7)  The court retains jurisdiction of a minor who has been
377	placed for adoption until the adoption is finalized within or
378	outside this state final. After a minor is placed with an
379	adoption entity or prospective adoptive parent, the court may
380	review the status of the minor and the progress toward permanent
381	adoptive placement.
382	Section 8.  Subsection (1) of section 63.053, Florida
383	Statutes, is amended to read:
384	63.053  Rights and responsibilities of an unmarried
385	biological father; legislative findings.--
386	(1)  In enacting the provisions contained in this chapter,
387	the Legislature prescribes the conditions for determining
388	whether an unmarried biological father's actions are
389	sufficiently prompt and substantial so as to require protection
390	of a constitutional right. If an unmarried biological father
391	fails to take the actions that are available to him to establish
392	a relationship with his child, his parental interest may be lost
393	entirely, or greatly diminished, by his failure to timely comply
394	with the available legal steps to substantiate a parental
395	interest.
396	Section 9.  Subsections (1) through (14) of section 63.054,
397	Florida Statutes, are renumbered as subsections (2) through
398	(15), respectively, and present subsections (1), (6), and (7) of
399	that section 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)  It is the intent of the Legislature that the Florida
404	Putative Father Registry, as created by chapter 2003-58, Laws of
405	Florida, and as subsequently amended, applies to all adoption
406	and termination of parental rights proceedings under this
407	chapter that began after May 30, 2003, the date upon which the
408	creation of the registry became law, including those proceedings
409	in which a judgment of adoption or termination of parental
410	rights has been entered.
411	(2)(1)  In order to preserve the right to notice and
412	consent to an adoption under this chapter, an unmarried
413	biological father must, as the "registrant," file a notarized
414	claim of paternity form with the Florida Putative Father
415	Registry maintained by the Office of Vital Statistics of the
416	Department of Health and shall include therein confirmation of
417	his willingness and intent to support the child for whom
418	paternity is claimed in accordance with state law. The claim of
419	paternity may be filed at any time prior to the child's birth,
420	but a claim of paternity may not be filed after the date a
421	petition is filed for termination of parental rights. In each
422	proceeding for termination of parental rights, the petitioner
423	shall submit to the Office of Vital Statistics of the Department
424	of Health a copy of the petition for termination of parental
425	rights. The Office of Vital Statistics of the Department of
426	Health shall not record a claim of paternity after the date that
427	a petition for termination of parental rights is filed. The
428	failure of an unmarried biological father to register his
429	paternity prior to the date a petition for termination of
430	parental rights is filed also bars him from filing a paternity
431	claim under chapter 742.
432	(7)(6)  It is the obligation of the registrant or, if
433	designated under subsection (4), his designated agent or
434	representative to notify and update the Office of Vital
435	Statistics of any change of address or change in the designation
436	of an agent or representative. The failure of a registrant, or
437	designated agent or representative, to report any such change is
438	at the registrant's own risk and shall not serve as a valid
439	defense based upon lack of notice, and the adoption entity or
440	petitioner shall have no further obligation to search for the
441	registrant unless the person petitioning for termination of
442	parental rights or adoption has actual or constructive notice of
443	the registrant's address and whereabouts from another source.
444	(8)(7)  In each proceeding for termination of parental
445	rights or each adoption proceeding in which parental rights are
446	being terminated simultaneously with entry of the final judgment
447	of adoption, as in stepparent and relative adoptions filed under
448	this chapter, the petitioner must contact the Office of Vital
449	Statistics of the Department of Health by submitting an
450	application for a search of the Florida Putative Father
451	Registry. The petitioner shall provide the same information, if
452	known, on the search application form which the registrant is
453	required to furnish under subsection (3). Thereafter, the Office
454	of Vital Statistics must issue a certificate signed by the State
455	Registrar certifying:
456	(a)  The identity and contact information, if any, for each
457	registered unmarried biological father whose information matches
458	the search request sufficiently so that the such person may be
459	considered a possible father of the subject child; or
460	(b)  That a diligent search has been made of the registry
461	of registrants who may be the unmarried biological father of the
462	subject child and that no matching registration has been located
463	in the registry.
464
465	The This certificate must be filed with the court in the
466	proceeding to terminate parental rights or the adoption
467	proceeding. If a termination of parental rights and an adoption
468	proceeding are being adjudicated separately simultaneously, the
469	Florida Putative Father Registry need only be searched in the
470	termination of parental rights proceeding once.
471	Section 10.  Paragraph (b) of subsection (1), subsection
472	(2), paragraph (a) of subsection (3), and subsection (9) of
473	section 63.062, Florida Statutes, are amended to read:
474	63.062  Persons required to consent to adoption; affidavit
475	of nonpaternity; waiver of venue.--
476	(1)  Unless supported by one or more of the grounds
477	enumerated under s. 63.089(3), a petition to terminate parental
478	rights pending adoption may be granted only if written consent
479	has been executed as provided in s. 63.082 after the birth of
480	the minor or notice has been served under s. 63.088 to:
481	(b)  The father of the minor, if:
482	1.  The minor was conceived or born while the father was
483	married to the mother;
484	2.  The minor is his child by adoption;
485	3.  The minor has been established by court judgment
486	proceeding to be his child no later than the date that a
487	petition is filed for termination of parental rights;
488	4.  He has filed an affidavit of paternity pursuant to s.
489	382.013(2)(c) no later than the date that a petition is filed
490	for termination of parental rights; or
491	5.  In the case of an unmarried biological father, he has
492	acknowledged in writing, signed in the presence of a competent
493	witness, that he is the father of the minor, has filed such
494	acknowledgment with the Office of Vital Statistics of the
495	Department of Health within the required timeframes, and has
496	complied with the requirements of subsection (2).
497	(2)  In accordance with subsection (1), the consent of an
498	unmarried biological father shall be required necessary only if
499	the unmarried biological father has complied with the
500	requirements of this subsection.
501	(a)1.  With regard to a child who is placed with adoptive
502	parents more than 6 months after the child's birth, an unmarried
503	biological father must have developed a substantial relationship
504	with the child, taken some measure of responsibility for the
505	child and the child's future, and demonstrated a full commitment
506	to the responsibilities of parenthood by providing financial
507	support to the child in accordance with the unmarried biological
508	father's ability, if not prevented from doing so by the person
509	or authorized agency having lawful custody of the child, and
510	either:
511	a.  Regularly visited the child at least monthly, when
512	physically and financially able to do so and when not prevented
513	from doing so by the birth mother or the person or authorized
514	agency having lawful custody of the child; or
515	b.  Maintained regular communication with the child or with
516	the person or agency having the care or custody of the child,
517	when physically or financially unable to visit the child and or
518	when not prevented from doing so by the birth mother or person
519	or authorized agency having lawful custody of the child.
520	2.  The mere fact that an unmarried biological father
521	expresses a desire to fulfill his responsibilities towards his
522	child which is unsupported by acts evidencing this intent does
523	not preclude a finding by the court that the unmarried
524	biological father failed to comply with the requirements of this
525	subsection.
526	3.  An unmarried biological father who openly lived with
527	the child for at least 6 consecutive months within the 1-year
528	period following the birth of the child and immediately
529	preceding placement of the child with adoptive parents and who
530	openly held himself out to be the father of the child during
531	that period shall be deemed to have developed a substantial
532	relationship with the child and to have otherwise met the
533	requirements of this paragraph.
534	(b)  With regard to a child who is younger than 6 months of
535	age at the time the child is placed with the adoptive parents,
536	an unmarried biological father must have demonstrated a full
537	commitment to his parental responsibility by having performed
538	all of the following acts before prior to the time the mother
539	executes her consent for adoption:
540	1.  Filed a notarized claim of paternity form with the
541	Florida Putative Father Registry within the Office of Vital
542	Statistics of the Department of Health, which form shall be
543	maintained in the confidential registry established for that
544	purpose and shall be considered filed when the notice is entered
545	in the registry of notices from unmarried biological fathers.
546	2.  Upon service of a notice of an intended adoption plan
547	or a petition for termination of parental rights pending
548	adoption, timely executed and filed an affidavit in that
549	proceeding stating that he is personally fully able and willing
550	to take responsibility for the child, setting forth his plans
551	for care of the child, and agreeing to a court order of child
552	support and a contribution to the payment of living and medical
553	expenses incurred for the mother's pregnancy and the child's
554	birth in accordance with his ability to pay.
555	3.  If he had knowledge of the pregnancy, paid a fair and
556	reasonable amount of the expenses incurred in connection with
557	the mother's pregnancy and the child's birth, in accordance with
558	his financial ability and when not prevented from doing so by
559	the birth mother or person or authorized agency having lawful
560	custody of the child.
561	(c)  The petitioner shall file with the court a certificate
562	from the Office of Vital Statistics stating that a diligent
563	search has been made of the Florida Putative Father Registry of
564	notices from unmarried biological fathers described in
565	subparagraph (b)1. and that no filing has been found pertaining
566	to the father of the child in question or, if a filing is found,
567	stating the name of the putative father and the time and date of
568	filing. That certificate shall be filed with the court before
569	prior to the entry of a final judgment of termination of
570	parental rights.
571	(d)  An unmarried biological father who does not comply
572	with each of the conditions provided in this subsection is
573	deemed to have waived and surrendered any rights in relation to
574	the child, including the right to notice of any judicial
575	proceeding in connection with the adoption of the child, and his
576	consent to the adoption of the child is not required.
577	(3)(a)  Under Pursuant to chapter 48, an adoption entity
578	may serve upon any unmarried biological father identified by the
579	mother or identified by a diligent search of the Florida
580	Putative Father Registry, or upon an entity whose consent is
581	required, a notice of intended adoption plan at any time before
582	the child's birth or before placing prior to the placement of
583	the child in the adoptive home, including prior to the birth of
584	the child. The notice of intended adoption plan must
585	specifically state that if the unmarried biological father
586	desires to contest the adoption plan, he must file with the
587	court, within 30 days after service, a verified response that
588	contains a pledge of commitment to the child in substantial
589	compliance with subparagraph (2)(b)2. The notice of intended
590	adoption plan shall notify the unmarried biological father that
591	he must file a claim of paternity form with the Office of Vital
592	Statistics within 30 days after service upon him and must
593	provide the adoption entity with a copy of the verified response
594	filed with the court and the claim of paternity form filed with
595	the Office of Vital Statistics. If the party served with the
596	notice of intended adoption plan is an entity, the entity must
597	file, within 30 days after service, a verified response setting
598	forth a legal basis for contesting the intended adoption plan,
599	specifically addressing the best interest of the child. If the
600	unmarried biological father or entity whose consent is required
601	fails to properly file a verified response with the court and,
602	in the case of an unmarried biological father, a claim of
603	paternity form with the Office of Vital Statistics within 30
604	days after service upon that unmarried biological father or
605	entity whose consent is required, the consent of that unmarried
606	biological father or entity shall no longer be required under
607	this chapter and that party shall be deemed to have waived any
608	claim of rights to the child. Each notice of intended adoption
609	plan served upon an unmarried biological father must include
610	instructions as to the procedure the unmarried biological father
611	must follow to submit a claim of paternity form to the Office of
612	Vital Statistics and the address to which the registration must
613	be directed.
614	(9)  A petition for termination of parental rights shall be
615	filed in the appropriate county as determined under s.
616	63.087(2). If any the parent or parents whose consent is
617	required objects rights are to be terminated object to venue in
618	the county where the action was filed, the court may transfer
619	venue to a proper venue consistent with this chapter and chapter
620	47 the action to the county where the objecting parent or
621	parents reside, unless the objecting parent has previously
622	executed a waiver of venue.
623	Section 11.  Subsection (1) of section 63.063, Florida
624	Statutes, is amended to read:
625	63.063  Responsibility of each party for his or her their
626	own actions; fraud or misrepresentation; statutory compliance.--
627	(1)  Each parent of a child conceived or born outside of
628	marriage is responsible for his or her own actions and is not
629	excused from strict compliance with the provisions of this
630	chapter based upon any action, statement, or omission of the
631	other parent or a third party, except as provided in s.
632	63.062(2)(a).
633	Section 12.  Paragraph (d) of subsection (1), paragraphs
634	(b), (c), and (e) of subsection (4), and subsections (5), (6),
635	and (7) of section 63.082, Florida Statutes, are amended to
636	read:
637	63.082  Execution of consent to adoption or affidavit of
638	nonpaternity; family social and medical history; withdrawal of
639	consent.--
640	(1)
641	(d)  The notice and consent provisions of this chapter as
642	they relate to the birth of a child or to legal fathers do not
643	apply in cases in which the child is conceived as a result of a
644	violation of the criminal laws of this or another state,
645	including, but not limited to, sexual battery, unlawful sexual
646	activity with certain minors under s. 794.05, lewd acts
647	perpetrated upon a minor, or incest.
648	(4)
649	(b)  A consent to the adoption of a minor who is to be
650	placed for adoption shall not be executed by the birth mother
651	sooner than 48 hours after the minor's birth or the day the
652	birth mother has been notified in writing, either on her patient
653	chart or in release paperwork, that she is fit to be released
654	from the licensed hospital or birth center, whichever is
655	earlier. A consent by any man a biological father or legal
656	father may be executed at any time after the birth of the child.
657	A consent executed under this paragraph is valid upon execution
658	and may be withdrawn only if the court finds that it was
659	obtained by fraud or duress.
660	(c)  When the minor to be adopted is older than 6 months of
661	age at the time of the execution of the consent, the consent to
662	adoption is valid upon execution; however, it is subject to a 3-
663	day revocation period consisting of 3 business days or may be
664	revoked at any time prior to the placement of the minor with the
665	prospective adoptive parents, whichever is later. If a consent
666	has been executed, this subsection may not be construed to
667	provide a birth parent with more than 3 days to revoke the
668	consent once the child has been placed with the prospective
669	adoptive parents.
670	(e)  A consent to adoption being executed by the birth
671	parent must be in at least 12-point boldfaced type in
672	substantially the following form:
673
674	CONSENT TO ADOPTION
675
676	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
677	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
678	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
679	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
680	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
681	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
682	WITNESSES YOU SELECTED, IF ANY.
683
684	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
685	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
686	CONSENT:
687	1.  CONSULT WITH AN ATTORNEY;
688	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
689	LEGALLY PROHIBITED;
690	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
691	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
692	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
693	PROHIBITED; AND
694	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
695	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
696
697	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
698	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
699	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
700	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
701	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
702	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
703	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
704	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
705	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
706	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
707	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
708	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
709	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
710	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
711	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
712	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
713	DURESS.
714
715	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
716	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
717	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
718	YOU WISH TO WITHDRAW YOUR CONSENT; AND
719	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
720	OR DURESS.
721
722	This statement of rights is not required for the adoption of a
723	relative, an adult, a stepchild, or a child older than 6 months
724	of age. A consent form for the adoption of a child older than 6
725	months of age at the time of execution of consent must contain a
726	statement outlining the revocation rights provided in paragraph
727	(c).
728	(5)  A copy or duplicate original of each consent signed
729	under this chapter in an action for termination of parental
730	rights pending adoption must be provided to the person who
731	executed the consent to adoption. The copy must be hand
732	delivered, with a written acknowledgment of receipt signed by
733	the person whose consent is required at the time of execution.
734	If a copy of a consent cannot be provided as required in this
735	subsection, the adoption entity must execute an affidavit
736	stating why the copy of the consent was not delivered. The
737	original consent and acknowledgment of receipt, or an affidavit
738	stating why the copy of the consent was not delivered, must be
739	filed with the petition for termination of parental rights
740	pending adoption.
741	(6)(a)  If a birth parent executes a consent for placement
742	of a minor with an adoption entity or qualified prospective
743	adoptive parents and the minor child is in the custody of the
744	department, but parental rights have not yet been terminated,
745	the adoption consent shall be valid, binding, and enforceable by
746	the court.
747	(b)  Upon execution of the consent of the birth parent, the
748	adoption entity shall be permitted to intervene in the
749	dependency case as a party in interest and shall provide the
750	court having jurisdiction over the minor pursuant to the shelter
751	or dependency petition filed by the department with a copy of
752	the preliminary home study of the prospective adoptive parents
753	and any other evidence of the suitability of the placement. The
754	preliminary home study shall be maintained with strictest
755	confidentiality within the dependency court file and the
756	department's file. A preliminary home study must be provided to
757	the court in all cases in which an adoption entity has
758	intervened pursuant to this section.
759	(c)  Upon a determination by the court that the prospective
760	adoptive parents are properly qualified to adopt the minor child
761	and that the adoption appears to be in the best interest of the
762	minor child, the court shall immediately order the transfer of
763	custody of the minor child to the prospective adoptive parents,
764	under the supervision of the adoption entity. The adoption
765	entity shall thereafter provide monthly supervision reports to
766	the court, if required, department until finalization of the
767	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	and if the court finds that it is in the best interest of the
809	child. If the prospective adoptive parents do not desire
810	continued placement, the order shall include, but not be limited
811	to, whether temporary placement in foster care with the person
812	who had legal or physical custody of the child immediately
813	before placing the child for adoption or with a relative is in
814	the best interest of the child and is appropriate, whether an
815	investigation by the department is recommended, and whether a
816	relative is available for the temporary placement.
817	(d)  If the person withdrawing consent claims to be the
818	father of the minor but has not been established to be the
819	father by marriage, court order, or scientific testing, the
820	court may order scientific paternity testing and reserve ruling
821	on removal of the minor until the results of such testing have
822	been filed with the court.
823	(e)  The adoption entity must return the minor within 3
824	business days after timely and proper notification of the
825	withdrawal of consent or after the court determines that
826	withdrawal is valid and binding upon consideration of an
827	emergency motion, as filed pursuant to paragraph (b), to the
828	physical custody of the person withdrawing consent or the person
829	directed by the court. If the person seeking to validly withdraw
830	consent claims to be the father of the minor but has not been
831	established to be the father by marriage, court order, or
832	scientific testing, the adoption entity may return the minor to
833	the care and custody of the mother, if she desires such
834	placement, and the mother is not otherwise prohibited by law
835	from having custody of the child.
836	(f)  Following the revocation period for withdrawal of
837	consent described in paragraph (a), or the placement of the
838	child with the prospective adoptive parents, whichever occurs
839	later, consent may be withdrawn only when the court finds that
840	the consent was obtained by fraud or duress.
841	(g)  An affidavit of nonpaternity may be withdrawn only if
842	the court finds that the affidavit was obtained by fraud or
843	duress.
844	Section 13.  Section 63.085, Florida Statutes, is amended
845	to read:
846	63.085  Disclosure by adoption entity.--
847	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
848	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
849	to adopt a minor or a person seeking to place a minor for
850	adoption contacts an adoption entity in person or provides the
851	adoption entity with a mailing address, the entity must provide
852	a written disclosure statement to that person if the entity
853	agrees or continues to work with the such person. The If an
854	adoption entity shall provide the written disclosure to any
855	parent or any known and identified potential unmarried
856	biological father is assisting in the effort to terminate the
857	parental rights of a parent who did not initiate the contact
858	with the adoption entity, the written disclosure must be
859	provided within 14 days after that parent or potential unmarried
860	biological father is identified and located. For purposes of
861	providing the written disclosure, a person is considered to be
862	seeking to place a minor for adoption when that person has
863	sought information or advice from the adoption entity regarding
864	the option of adoptive placement. The written disclosure
865	statement must be in substantially the following form:
866
867	ADOPTION DISCLOSURE
868
869	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
870	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
871	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
872	ADOPTION UNDER FLORIDA LAW:
873	1.  The name, address, and telephone number of the adoption
874	entity providing this disclosure is:
875	Name:
876	Address:
877	Telephone Number:
878
879	2.  The adoption entity does not provide legal
880	representation or advice to birth parents or anyone signing a
881	consent for adoption or affidavit of nonpaternity, and birth
882	parents have the right to consult with an attorney of their own
883	choosing to advise them.
884	3.  With the exception of an adoption by a stepparent or
885	relative, a child cannot be placed into a prospective adoptive
886	home unless the prospective adoptive parents have received a
887	favorable preliminary home study, including criminal and child
888	abuse clearances.
889	4.  A valid consent for adoption may not be signed by the
890	birth mother until 48 hours after the birth of the child, or the
891	day the birth mother is notified, in writing, that she is fit
892	for discharge from the licensed hospital or birth center. Any
893	man A putative father may sign a valid consent for adoption at
894	any time after the birth of the child.
895	5.  A consent for adoption signed before the child attains
896	the age of 6 months is binding and irrevocable from the moment
897	it is signed unless it can be proven in court that the consent
898	was obtained by fraud or duress. A consent for adoption signed
899	after the child attains the age of 6 months is valid from the
900	moment it is signed; however, it may be revoked until the child
901	is placed in an adoptive home, or up to 3 business days after it
902	was signed, whichever period is longer.
903	6.  A consent for adoption is not valid if the signature of
904	the person who signed the consent was obtained by fraud or
905	duress.
906	7.  An unmarried biological father must act immediately in
907	order to protect his rights with regard to the child. He must
908	register his paternity with the Florida Putative Father Registry
909	maintained by the Office of Vital Statistics of the Department
910	of Health within the timeframes set forth in s. 63.062 and must
911	provide the child with financial and physical support by
912	assisting the mother during her pregnancy and providing for the
913	child after birth.
914	8.7.  There are alternatives to adoption, including foster
915	care, relative care, and parenting the child. There may be
916	services and sources of financial assistance in the community
917	available to birth parents if they choose to parent the child.
918	9.8.  A birth parent has the right to have a witness of his
919	or her choice, who is unconnected with the adoption entity or
920	the adoptive parents, to be present and witness the signing of
921	the consent or affidavit of nonpaternity.
922	10.9.  A birth parent 14 years of age or younger must have
923	a parent, legal guardian, or court-appointed guardian ad litem
924	to assist and advise the birth parent as to the adoption plan.
925	11.10.  A birth parent has a right to receive supportive
926	counseling from a counselor, social worker, physician, clergy,
927	or attorney, and such counseling would be beneficial to the
928	birth parent.
929	12.11.  The payment of living or medical expenses by the
930	prospective adoptive parents prior to the birth of the child
931	does not, in any way, obligate the birth parent to sign the
932	consent for adoption.
933	(2)  DISCLOSURE TO ADOPTIVE PARENTS.--
934	(a)  At the time that an adoption entity identifies
935	prospective adoptive parents for a born or an unborn child whose
936	parents are seeking to place the child for adoption or whose
937	rights were terminated pursuant to chapter 39, the adoption
938	entity shall provide the prospective adoptive parents with
939	information on the background of the child to the extent that
940	such information is available. The adoption entity has the right
941	and duty to request from the biological mother, the legal
942	custodian, or the department all information necessary to
943	provide disclosure under this section. If any information is
944	unavailable because the birth mother or legal custodian refuses
945	to disclose such information, the adoption entity has an
946	affirmative duty to provide the information within 14 days after
947	the information becomes available. In all cases, the prospective
948	adoptive parents shall receive all available information by the
949	date that the final hearing on the adoption is noticed with the
950	court. The information that is required to be disclosed
951	includes:
952	1.  A family social and medical history form completed
953	pursuant to s. 63.082.
954	2.  The biological mother's medical records documenting her
955	prenatal care and the birth and delivery of the child.
956	3.  A complete set of the child's medical records
957	documenting all medical treatment and care since the child's
958	birth.
959	4.  All mental health, psychological, and psychiatric
960	records, reports, and evaluations concerning the child.
961	5.  The child's educational records, which shall include
962	all records concerning any special education needs of the child.
963	6.  Records documenting all incidents that required the
964	department to provide services to the child, including, but not
965	limited to, all orders of adjudication of dependency or
966	termination of parental rights issued pursuant to chapter 39,
967	any case plans drafted to address the child's needs, all
968	protective services investigations identifying the child as a
969	victim, and all guardian ad litem reports filed with the court
970	concerning the child.
971	7.  Written information concerning the availability of
972	adoption subsidies for the child.
973	(b)  When providing disclosure pursuant to this subsection,
974	the adoption entity shall redact any confidential identifying
975	information concerning the child's parents, siblings, and
976	relatives and perpetrators of crimes against the child or
977	involving the child.
978	(3)(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
979	must obtain a written statement acknowledging receipt of the
980	disclosures disclosure required under subsections subsection (1)
981	and (2) and signed by the persons receiving the disclosure or,
982	if it is not possible to obtain such an acknowledgment, the
983	adoption entity must execute an affidavit stating why an
984	acknowledgment could not be obtained. If the disclosure was
985	delivered by certified United States mail, return receipt
986	requested, a return receipt signed by the person from whom
987	acknowledgment is required is sufficient to meet the
988	requirements of this subsection. A copy of the acknowledgment of
989	receipt of the disclosure must be provided to the person signing
990	it. A copy of the acknowledgment or affidavit executed by the
991	adoption entity in lieu of the acknowledgment must be maintained
992	in the file of the adoption entity. The original acknowledgment
993	or affidavit must be filed with the court.
994	(4)(3)  REVOCATION OF CONSENT.--Failure to meet the
995	requirements of this section subsection (1) or subsection (2)
996	does not constitute grounds for revocation of a consent to
997	adoption or withdrawal of an affidavit of nonpaternity unless
998	the extent and circumstances of such a failure result in a
999	material failure of fundamental fairness in the administration
1000	of due process, or the failure constitutes or contributes
1001	materially to fraud or duress in obtaining a consent to adoption
1002	or affidavit of nonpaternity.
1003	Section 14.  Section 63.087, Florida Statutes, is amended
1004	to read:
1005	63.087  Proceeding to terminate parental rights pending
1006	adoption; general provisions.--
1007	(1)  JURISDICTION.--A court of this state that which is
1008	competent to decide child welfare or custody matters has
1009	jurisdiction to hear all matters arising from a proceeding to
1010	terminate parental rights pending adoption.
1011	(2)  VENUE.--
1012	(a)  A petition to terminate parental rights pending
1013	adoption must be filed:
1014	1.  In the county where the child resides; or
1015	2.  If the child does not reside in the State of Florida,
1016	In the county where the adoption entity is located;
1017	3.  In the county where the adoption entity is located; or
1018	4.  If neither parent resides in the state, in the county
1019	where the adoption entity is located. The fact of the minor's
1020	presence within the state confers jurisdiction on the court in
1021	proceedings in the minor's case under this chapter, or to a
1022	parent or guardian if due notice has been given.
1023	(b)  If a petition for termination of parental rights has
1024	been filed and a parent whose consent is required rights are to
1025	be terminated objects to venue, there must be a hearing in which
1026	the court shall determine whether that parent intends to assert
1027	legally recognized grounds to contest a termination of parental
1028	rights and, if so, the court may shall immediately transfer
1029	venue to a proper venue under this subsection the county where
1030	that parent resides or resided at the time of the execution of
1031	the consent. For purposes of selecting venue, the court shall
1032	consider the ease of access to the court for the parent and the
1033	factors set forth in s. 47.122 who intends to contest a
1034	termination of parental rights.
1035	(c)  If there is a transfer of venue, the court may
1036	determine which party shall bear the cost of venue transfer.
1037
1038	For purposes of the hearing under this subsection, witnesses
1039	located in another jurisdiction may testify by deposition or
1040	testify by telephone, audiovisual means, or other electronic
1041	means before a designated court or at another location.
1042	Documentary evidence transmitted from another location by
1043	technological means that do not produce an original writing may
1044	not be excluded from evidence on an objection based on the means
1045	of transmission. The court on its own motion may otherwise
1046	prescribe the manner in which and the terms upon which the
1047	testimony is taken.
1048	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
1049	may not be filed until after the date the court enters the
1050	judgment terminating parental rights pending adoption under this
1051	chapter or under chapter 39. Adoptions of relatives, adult
1052	adoptions, or adoptions of stepchildren shall not be required to
1053	file a separate termination of parental rights proceeding
1054	pending adoption. In such cases, the petitioner may file a joint
1055	petition for termination of parental rights and adoption,
1056	attaching all required consents, affidavits, notices, and
1057	acknowledgments shall be attached to the petition for adoption
1058	or filed separately in the adoption proceeding. Unless otherwise
1059	provided by law, this chapter applies to joint petitions.
1060	(4)  PETITION.--
1061	(a)  A proceeding seeking to terminate parental rights
1062	pending adoption under pursuant to this chapter must be
1063	initiated by the filing of an original petition after the birth
1064	of the minor.
1065	(b)  The petition may be filed by a parent or person having
1066	physical or legal custody of the minor. The petition may be
1067	filed by an adoption entity only if a parent or person having
1068	physical or legal custody who has executed a consent to adoption
1069	pursuant to s. 63.082 also consents in writing to the adoption
1070	entity filing the petition. The original of the such consent
1071	must be filed with the petition.
1072	(c)  The petition must be entitled: "In the Matter of the
1073	Termination of Parental Rights for the Proposed Adoption of a
1074	Minor Child."
1075	(d)  The petition to terminate parental rights pending
1076	adoption must be in writing and signed by the petitioner under
1077	oath stating the petitioner's good faith in filing the petition.
1078	A written consent to adoption, affidavit of nonpaternity, or
1079	affidavit of diligent search under s. 63.088, for each person
1080	whose consent to adoption is required under s. 63.062, must be
1081	executed and attached.
1082	(e)  The petition must include:
1083	1.  The minor's name, gender, date of birth, and place of
1084	birth. The petition must contain all names by which the minor is
1085	or has been known, excluding the minor's prospective adoptive
1086	name but including the minor's legal name at the time of the
1087	filing of the petition. In the case of an infant child whose
1088	adoptive name appears on the original birth certificate, the
1089	adoptive name shall not be included in the petition, nor shall
1090	it be included elsewhere in the termination of parental rights
1091	proceeding, except in the case of a petition for adoption filed
1092	pursuant to s. 63.102(6).
1093	2.  All information required by the Uniform Child Custody
1094	Jurisdiction and Enforcement Act and the Indian Child Welfare
1095	Act, except the names and addresses of the adoptive parents,
1096	which shall be kept confidential as required by s. 63.162.
1097	3.  A statement of the grounds under s. 63.089 upon which
1098	the petition is based.
1099	4.  The name, address, and telephone number of any adoption
1100	entity seeking to place the minor for adoption.
1101	5.  The name, address, and telephone number of the division
1102	of the circuit court in which the petition is to be filed.
1103	6.  A certification of compliance with the requirements of
1104	s. 63.0425 regarding notice to grandparents of an impending
1105	adoption.
1106	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1107	summons to be issued substantially in the form provided in Form
1108	1.902, Florida Rules of Civil Procedure. The Petition and
1109	summons and a copy of the petition to terminate parental rights
1110	shall be served upon any person who executed a whose consent to
1111	adoption and has been provided but who has not waived service of
1112	the pleadings and notice of the hearing thereon and also upon
1113	any person whose consent to adoption is required under s. 63.062
1114	but who has not provided that consent or an affidavit of
1115	nonpaternity.
1116	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1117	petition or any pleading requiring an answer shall be filed in
1118	accordance with the Florida Family Law Rules of Civil Procedure.
1119	Failure to file a written response or to appear at the hearing
1120	on the petition constitutes grounds upon which the court may
1121	terminate parental rights. Failure to appear at the hearing
1122	constitutes grounds upon which the court may terminate parental
1123	rights. The petitioner shall provide notice of the final hearing
1124	by United States mail to any person who has been served with the
1125	summons and petition for termination of parental rights within
1126	the specified time periods. Notwithstanding the filing of any
1127	answer or any pleading, Any person present at the hearing to
1128	terminate parental rights pending adoption whose consent to
1129	adoption is required under s. 63.062 must:
1130	(a)  Be advised by the court that he or she has a right to
1131	ask that the hearing be reset for a later date so that the
1132	person may consult with an attorney; and
1133	(b)  Be given an opportunity to admit or deny the
1134	allegations in the petition.
1135	Section 15.  Section 63.088, Florida Statutes, is amended
1136	to read:
1137	63.088  Proceeding to terminate parental rights pending
1138	adoption; notice and service; diligent search.--
1139	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1140	virtue of the fact that he has engaged in a sexual relationship
1141	with a woman, is deemed to be on notice that a pregnancy and an
1142	adoption proceeding regarding that child may occur and that he
1143	has a duty to protect his own rights and interest. He is,
1144	therefore, entitled to notice of a birth or adoption proceeding
1145	with regard to that child only as provided in this chapter.
1146	(2)  INITIATION OF INITIATE LOCATION PROCEDURES.--When the
1147	location of a person whose consent to an adoption is required
1148	but is unknown not known, the adoption entity must begin the
1149	inquiry and diligent search process required by this section
1150	within a reasonable time period after the date on which the
1151	person seeking to place a minor for adoption has evidenced in
1152	writing to the adoption entity a desire to place the minor for
1153	adoption with that entity, or not later than 30 days after the
1154	date any money is provided as permitted under this chapter by
1155	the adoption entity for the benefit of the person seeking to
1156	place a minor for adoption.
1157	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1158	determine that a minor is available for adoption, and in
1159	addition to the other requirements set forth in this chapter,
1160	each person whose consent is required under s. 63.062, who has
1161	not executed a consent for adoption or an affidavit of
1162	nonpaternity, and whose location and identity have been
1163	determined by compliance with the procedures in this section
1164	must be personally served, pursuant to chapter 48, at least 20
1165	days before the hearing with a copy of the petition to terminate
1166	parental rights pending adoption and with notice in
1167	substantially the following form:
1168
1169	NOTICE OF PETITION AND HEARING
1170	TO TERMINATE PARENTAL RIGHTS
1171	PENDING ADOPTION
1172
1173	A petition to terminate parental rights pending adoption
1174	has been filed. A copy of the petition is being served with
1175	this notice. There will be a hearing on the petition to
1176	terminate parental rights pending adoption on   (date)   at
1177	(time)   before   (judge)   at   (location, including
1178	complete name and street address of the courthouse)  . The
1179	court has set aside   (amount of time)   for this hearing.
1180
1181
1182	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1183	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1184	WITH THE COURT AND OR TO APPEAR AT THIS HEARING CONSTITUTES
1185	GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS
1186	YOU MAY HAVE OR ASSERT REGARDING THE MINOR CHILD.
1187
1188	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1189	63.087, the court must conduct an inquiry of the person who is
1190	placing the minor for adoption and of any relative or person
1191	having legal custody of the minor who is present at the hearing
1192	and likely to have the following information regarding the
1193	identity of:
1194	(a)  Any person to whom the mother of the minor was married
1195	at any time when conception of the minor may have occurred or at
1196	the time of the birth of the minor;
1197	(b)  Any person who has been declared by a court to be the
1198	father of the minor;
1199	(b)(c)  Any man who has adopted the minor;
1200	(c)(d)  Any man who has been established by a court
1201	judgment as the father of the minor child before the date that a
1202	petition is filed for termination of parental rights with whom
1203	the mother was cohabiting at any time when conception of the
1204	minor may have occurred; and
1205	(d)(e)  Any man who has filed an affidavit of paternity
1206	pursuant to s. 382.013(2)(c) before the date that a petition is
1207	filed for termination of parental rights person who has
1208	acknowledged or claimed paternity of the minor.
1209
1210	The information required under this subsection may be provided
1211	to the court in the form of a sworn affidavit by a person having
1212	personal knowledge of the facts, addressing each inquiry
1213	enumerated in this subsection, except that, if the inquiry
1214	identifies a father under paragraph (a), paragraph (b), or
1215	paragraph (c), the inquiry shall not continue further. The
1216	inquiry required under this subsection may be conducted before
1217	the birth of the minor.
1218	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1219	the court under subsection (4) identifies any person whose
1220	consent to adoption is required under s. 63.062 and who has not
1221	executed a consent to adoption or an affidavit of nonpaternity,
1222	and the location of the person from whom consent is required is
1223	unknown, the adoption entity must conduct a diligent search for
1224	that person which must include inquiries concerning:
1225	(a)  The person's current address, or any previous address,
1226	through an inquiry of the United States Postal Service through
1227	the Freedom of Information Act;
1228	(b)  The last known employment of the person, including the
1229	name and address of the person's employer;
1230	(c)  Regulatory agencies, including those regulating
1231	licensing in the area where the person last resided;
1232	(d)  Names and addresses of relatives to the extent such
1233	can be reasonably obtained from the petitioner or other sources,
1234	contacts with those relatives, and inquiry as to the person's
1235	last known address. The petitioner shall pursue any leads of any
1236	addresses to which the person may have moved;
1237	(e)  Information as to whether or not the person may have
1238	died and, if so, the date and location;
1239	(f)  Telephone listings in the area where the person last
1240	resided;
1241	(g)  Inquiries of law enforcement agencies in the area
1242	where the person last resided;
1243	(h)  Highway patrol records in the state where the person
1244	last resided;
1245	(i)  Department of Corrections records in the state where
1246	the person last resided;
1247	(j)  Hospitals in the area where the person last resided;
1248	(k)  Records of utility companies, including water, sewer,
1249	cable television, and electric companies, in the area where the
1250	person last resided;
1251	(l)  Records of the Armed Forces of the United States as to
1252	whether there is any information as to the person;
1253	(m)  Records of the tax assessor and tax collector in the
1254	area where the person last resided; and
1255	(n)  Search of one Internet databank locator service.
1256
1257	A person contacted by a petitioner or adoption entity when
1258	requesting information under this subsection must release the
1259	requested information to the petitioner or adoption entity,
1260	except when prohibited by law, without the necessity of a
1261	subpoena or a court order. An affidavit of diligent search
1262	executed by the petitioner and the adoption entity must be filed
1263	with the court confirming completion of each aspect of the
1264	diligent search enumerated in this subsection and specifying the
1265	results. The diligent search required under this subsection may
1266	be conducted before the birth of the minor.
1267	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1268	if, as to any person whose consent is required under s. 63.062
1269	and who has not executed a consent to adoption or an affidavit
1270	of nonpaternity, the location of the person is unknown and the
1271	inquiry under subsection (4) fails to locate the person. The
1272	unlocated person must be served notice under subsection (3) by
1273	constructive service in the manner provided in chapter 49. The
1274	notice shall be published in the county where the person was
1275	last known to have resided. The notice, in addition to all
1276	information required under chapter 49, must include a physical
1277	description, including, but not limited to, age, race, hair and
1278	eye color, and approximate height and weight of the person, the
1279	minor's date of birth, and the place of birth of the minor.
1280	Constructive service by publication shall not be required to
1281	provide notice to an identified birth father whose consent is
1282	not required under pursuant to ss. 63.062 and 63.064.
1283	Section 16.  Section 63.089, Florida Statutes, is amended
1284	to read:
1285	63.089  Proceeding to terminate parental rights pending
1286	adoption; hearing; grounds; dismissal of petition; judgment.--
1287	(1)  HEARING.--The court may terminate parental rights
1288	pending adoption only after a hearing.
1289	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1290	only when:
1291	(a)  For each person whose consent to adoption is required
1292	under s. 63.062:
1293	1.  A consent under s. 63.082 has been executed and filed
1294	with the court;
1295	2.  An affidavit of nonpaternity under s. 63.082 has been
1296	executed and filed with the court;
1297	3.  Notice has been provided under ss. 63.087 and 63.088;
1298	or
1299	4.  The certificate from the Office of Vital Statistics has
1300	been provided to the court stating that a diligent search has
1301	been made of the Florida Putative Father Registry created in s.
1302	63.054 and that no filing has been found pertaining to the
1303	father of the child in question or, if a filing is found,
1304	stating the name of the putative father and the time and date of
1305	the filing.
1306	(b)  For each notice and petition that must be served under
1307	ss. 63.087 and 63.088:
1308	1.  At least 20 days have elapsed since the date of
1309	individual personal service and an affidavit of service has been
1310	filed with the court;
1311	2.  At least 30 days have elapsed since the first date of
1312	publication of constructive service and an affidavit of service
1313	has been filed with the court; or
1314	3.  An affidavit of nonpaternity, consent for adoption, or
1315	other document that which affirmatively waives service has been
1316	executed and filed with the court;
1317	(c)  The minor named in the petition has been born; and
1318	(d)  The petition contains all information required under
1319	s. 63.087 and all affidavits of inquiry, diligent search, and
1320	service required under s. 63.088 have been obtained and filed
1321	with the court.
1322	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1323	ADOPTION.--The court may enter a judgment terminating parental
1324	rights pending adoption or a judgment declaring that a person
1325	has no parental rights if the court determines by clear and
1326	convincing evidence, supported by written findings of fact, that
1327	the each person whose consent to adoption is required under s.
1328	63.062:
1329	(a)  Has executed a valid consent under s. 63.082 and the
1330	consent was obtained according to the requirements of this
1331	chapter;
1332	(b)  Has executed an affidavit of nonpaternity and the
1333	affidavit was obtained according to the requirements of this
1334	chapter;
1335	(c)  Has been served with a notice of the intended adoption
1336	plan in accordance with the provisions of s. 63.062(3) and has
1337	failed to respond within the designated time period;
1338	(d)  Failed to timely perfect his or her right to consent
1339	pursuant to s. 63.062 because the person failed to register as
1340	required by s. 63.054 and comply with s. 63.062(2)(b);
1341	(e)  Failed to timely perfect his or her right to consent
1342	pursuant to s. 63.062 because, in the case of a child who is
1343	placed with the adoptive parents more than 6 months after the
1344	child's birth, the person failed to register as required by s.
1345	63.054 and comply with s. 63.062(2)(a);
1346	(f)(d)  Has been properly served notice of the proceeding
1347	in accordance with the requirements of this chapter and has
1348	failed to file a written answer or appear at the evidentiary
1349	hearing resulting in the judgment terminating parental rights
1350	pending adoption;
1351	(g)(e)  Has been properly served notice of the proceeding
1352	in accordance with the requirements of this chapter and has been
1353	determined under subsection (4) to have abandoned the minor as
1354	defined in s. 63.032;
1355	(h)(f)  Is a parent of the person to be adopted, which
1356	parent has been judicially declared incapacitated with
1357	restoration of competency found to be medically improbable;
1358	(i)(g)  Is a person who has legal custody of the person to
1359	be adopted, other than a parent, who has failed to respond in
1360	writing to a request for consent for a period of 60 days or,
1361	after examination of his or her written reasons for withholding
1362	consent, is found by the court to be withholding his or her
1363	consent unreasonably;
1364	(j)(h)  Has been properly served notice of the proceeding
1365	in accordance with the requirements of this chapter, but has
1366	been found by the court, after examining written reasons for the
1367	withholding of consent, to be unreasonably withholding his or
1368	her consent; or
1369	(k)(i)  Is the spouse of the person to be adopted who has
1370	failed to consent, and the failure of the spouse to consent to
1371	the adoption is excused by reason of prolonged and unexplained
1372	absence, unavailability, incapacity, or circumstances that are
1373	found by the court to constitute unreasonable withholding of
1374	consent.
1375
1376	A person whose consent is not required may voluntarily waive any
1377	and all parental rights that he or she may have to the child by
1378	executing a consent for adoption or an affidavit of
1379	nonpaternity.
1380	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1381	resulting in a termination of parental rights must be based upon
1382	clear and convincing evidence that a parent or person having
1383	legal custody has abandoned the child in accordance with the
1384	definition contained in s. 63.032(1). A finding of abandonment
1385	may be based upon emotional abuse or a refusal to provide
1386	reasonable financial support, when able, to a birth mother
1387	during her pregnancy. If, in the opinion of the court, the
1388	efforts of a parent or person having legal custody of the child
1389	to support and communicate with the child are only marginal
1390	efforts that do not evince a settled purpose to assume all
1391	parental duties, the court may declare the child to be
1392	abandoned. In making this decision, the court may consider the
1393	conduct of a father toward the child's mother during her
1394	pregnancy.
1395	(a)  In making a determination of abandonment at a hearing
1396	for termination of parental rights under pursuant to this
1397	chapter, the court must consider, among other relevant factors
1398	not inconsistent with this section:
1399	1.  Whether the actions alleged to constitute abandonment
1400	demonstrate a willful disregard for the safety or welfare of the
1401	child or the unborn child;
1402	2.  Whether the person alleged to have abandoned the child,
1403	while being able, failed to provide financial support;
1404	3.  Whether the person alleged to have abandoned the child,
1405	while being able, failed to pay for medical treatment; and
1406	4.  Whether the amount of support provided or medical
1407	expenses paid was appropriate, taking into consideration the
1408	needs of the child and relative means and resources available to
1409	the person alleged to have abandoned the child.
1410	(b)  The child has been abandoned when the parent of a
1411	child is incarcerated on or after October 1, 2001, in a state or
1412	federal correctional institution and:
1413	1.  The period of time for which the parent has been or is
1414	expected to be incarcerated constitutes will constitute a
1415	significant substantial portion of the child's minority. This
1416	period of time begins on the date that the parent enters into
1417	incarceration at any federal, state, or county correctional
1418	institution or facility period of time before the child will
1419	attain the age of 18 years;
1420	2.  The incarcerated parent has been determined by the
1421	court to be a violent career criminal as defined in s. 775.084,
1422	a habitual violent felony offender as defined in s. 775.084,
1423	convicted of child abuse as defined in s. 827.03, or a sexual
1424	predator as defined in s. 775.21; has been convicted of first
1425	degree or second degree murder in violation of s. 782.04 or a
1426	sexual battery that constitutes a capital, life, or first degree
1427	felony violation of s. 794.011; or has been convicted of an
1428	offense in another jurisdiction which is substantially similar
1429	to one of the offenses listed in this subparagraph. As used in
1430	this section, the term "substantially similar offense" means any
1431	offense that is substantially similar in elements and penalties
1432	to one of those listed in this subparagraph, and that is in
1433	violation of a law of any other jurisdiction, whether that of
1434	another state, the District of Columbia, the United States or
1435	any possession or territory thereof, or any foreign
1436	jurisdiction; or
1437	3.  The court determines by clear and convincing evidence
1438	that continuing the parental relationship with the incarcerated
1439	parent would be harmful to the child and, for this reason, that
1440	termination of the parental rights of the incarcerated parent is
1441	in the best interest of the child.
1442	(5)  DISMISSAL OF PETITION.--If the court does not find by
1443	clear and convincing evidence that parental rights of a parent
1444	should be terminated pending adoption, the court must dismiss
1445	the petition and that parent's parental rights that were the
1446	subject of such petition shall remain in full force under the
1447	law. The order must include written findings in support of the
1448	dismissal, including findings as to the criteria in subsection
1449	(4) if rejecting a claim of abandonment. Parental rights may not
1450	be terminated based upon a consent that the court finds has been
1451	timely withdrawn under s. 63.082 or a consent to adoption or
1452	affidavit of nonpaternity that the court finds was obtained by
1453	fraud or duress. The court must enter an order based upon
1454	written findings providing for the placement of the minor. The
1455	court may order scientific testing to determine the paternity of
1456	the minor at any time during which the court has jurisdiction
1457	over the minor. Further proceedings, if any, regarding the minor
1458	must be brought in a separate custody action under chapter 61, a
1459	dependency action under chapter 39, or a paternity action under
1460	chapter 742.
1461	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1462	ADOPTION.--
1463	(a)  The judgment terminating parental rights pending
1464	adoption must be in writing and contain findings of fact as to
1465	the grounds for terminating parental rights pending adoption.
1466	(b)  Within 7 days after filing, the court shall mail a
1467	copy of the judgment to the department. The clerk shall execute
1468	a certificate of the such mailing.
1469	(c)  The judgment terminating parental rights pending
1470	adoption legally frees the child for subsequent adoption,
1471	adjudicates the child's status, and may not be challenged by a
1472	person claiming parental status who did not establish parental
1473	rights prior to the filing of the petition for termination,
1474	except as specifically provided in this chapter.
1475	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1476	(a)  A motion for relief from a judgment terminating
1477	parental rights must be filed with the court originally entering
1478	the judgment. The motion must be filed within a reasonable time,
1479	but not later than 1 year after the entry of the judgment
1480	terminating parental rights.
1481	(b)  No later than 30 days after the filing of a motion
1482	under this subsection, the court must conduct a preliminary
1483	hearing to determine what contact, if any, shall be permitted
1484	between a parent and the child pending resolution of the motion.
1485	The Such contact shall be considered only if it is requested by
1486	a parent who has appeared at the hearing. If the court orders
1487	contact between a parent and child, the order must be issued in
1488	writing as expeditiously as possible and must state with
1489	specificity the terms any provisions regarding contact with
1490	persons other than those with whom the child resides.
1491	(c)  At the preliminary hearing, the court, upon the motion
1492	of any party or upon its own motion, may order scientific
1493	testing to determine the paternity of the minor if the person
1494	seeking to set aside the judgment is alleging to be the child's
1495	father and that fact has not previously been determined by
1496	legitimacy or scientific testing. The court may order visitation
1497	with a person for whom scientific testing for paternity has been
1498	ordered and who has previously established a bonded relationship
1499	with the child.
1500	(d)  Unless otherwise agreed between the parties or for
1501	good cause shown, the court shall conduct a final hearing on the
1502	motion for relief from judgment within 45 days after the filing
1503	and enter its written order as expeditiously as possible
1504	thereafter.
1505	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1506	records pertaining to a petition to terminate parental rights
1507	pending adoption are related to the subsequent adoption of the
1508	minor and are subject to the provisions of s. 63.162. The
1509	confidentiality provisions of this chapter do not apply to the
1510	extent information regarding persons or proceedings must be made
1511	available as specified under s. 63.088.
1512	Section 17.  Section 63.092, Florida Statutes, is amended
1513	to read:
1514	63.092  Report to the court of intended placement by an
1515	adoption entity; at-risk placement; preliminary study.--
1516	(1)  REPORT TO THE COURT.--The adoption entity must report
1517	any intended placement of a minor for adoption with any person
1518	who is not a relative or a stepparent if the adoption entity has
1519	knowledge of, or participates in the, such intended placement.
1520	The report must be made to the court before the minor is placed
1521	in the home or within 2 business days 48 hours thereafter.
1522	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1523	prospective adoptive home before the parental rights of the
1524	minor's parents are terminated under s. 63.089, the placement is
1525	an at-risk placement. If the placement is an at-risk placement,
1526	the prospective adoptive parents must acknowledge in writing
1527	before the minor may be placed in the prospective adoptive home
1528	that the placement is at risk. The prospective adoptive parents
1529	shall be advised by the adoption entity, in writing, that the
1530	minor is subject to removal from the prospective adoptive home
1531	by the adoption entity or by court order at any time before
1532	prior to the finalization of the adoption.
1533	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1534	the intended adoptive home, a preliminary home study must be
1535	performed by a licensed child-placing agency, a child-caring
1536	agency registered under s. 409.176, a licensed professional, or
1537	an agency described in s. 61.20(2), unless the adoptee is an
1538	adult or the petitioner is a stepparent or a relative. If the
1539	adoptee is an adult or the petitioner is a stepparent or a
1540	relative, a preliminary home study may be required by the court
1541	for good cause shown. The department is required to perform the
1542	preliminary home study only if there is no licensed child-
1543	placing agency, child-caring agency registered under s. 409.176,
1544	licensed professional, or agency described in s. 61.20(2), in
1545	the county where the prospective adoptive parents reside. The
1546	preliminary home study must be made to determine the suitability
1547	of the intended adoptive parents and may be completed before
1548	prior to identification of a prospective adoptive minor. A
1549	favorable preliminary home study is valid for 1 year after the
1550	date of its completion. Upon its completion, a copy of the home
1551	study must be provided to the intended adoptive parents who were
1552	the subject of the home study. A minor may not be placed in an
1553	intended adoptive home before a favorable preliminary home study
1554	is completed unless the adoptive home is also a licensed foster
1555	home under s. 409.175. The preliminary home study must include,
1556	at a minimum:
1557	(a)  An interview with the intended adoptive parents;
1558	(b)  Records checks of the department's central abuse
1559	registry and criminal records correspondence checks under s.
1560	39.0138 through the Department of Law Enforcement on the
1561	intended adoptive parents;
1562	(c)  An assessment of the physical environment of the home;
1563	(d)  A determination of the financial security of the
1564	intended adoptive parents;
1565	(e)  Documentation of counseling and education of the
1566	intended adoptive parents on adoptive parenting;
1567	(f)  Documentation that information on adoption and the
1568	adoption process has been provided to the intended adoptive
1569	parents;
1570	(g)  Documentation that information on support services
1571	available in the community has been provided to the intended
1572	adoptive parents; and
1573	(h)  A copy of each intended adoptive parent's signed
1574	acknowledgment of receipt of disclosure required by s. 63.085.
1575
1576	If the preliminary home study is favorable, a minor may be
1577	placed in the home pending entry of the judgment of adoption. A
1578	minor may not be placed in the home if the preliminary home
1579	study is unfavorable. If the preliminary home study is
1580	unfavorable, the adoption entity may, within 20 days after
1581	receipt of a copy of the written recommendation, petition the
1582	court to determine the suitability of the intended adoptive
1583	home. A determination as to suitability under this subsection
1584	does not act as a presumption of suitability at the final
1585	hearing. In determining the suitability of the intended adoptive
1586	home, the court must consider the totality of the circumstances
1587	in the home. No minor may be placed in a home in which there
1588	resides any person determined by the court to be a sexual
1589	predator as defined in s. 775.21 or to have been convicted of an
1590	offense listed in s. 63.089(4)(b)2.
1591	Section 18.  Subsection (4) of section 63.097, Florida
1592	Statutes, is amended to read:
1593	63.097  Fees.--
1594	(1)  When the adoption entity is an agency, fees may be
1595	assessed if they are approved by the department within the
1596	process of licensing the agency and if they are for:
1597	(a)  Foster care expenses;
1598	(b)  Preplacement and postplacement social services; and
1599	(c)  Agency facility and administrative costs.
1600	(4)  Any fees, costs, or expenses not included in
1601	subsection (1) or subsection (2) or prohibited under subsection
1602	(5) require court approval prior to payment and must be based on
1603	a finding of extraordinary circumstances.
1604	Section 19.  Subsections (1), (2), (5), and (6) of section
1605	63.102, Florida Statutes, are amended to read:
1606	63.102  Filing of petition for adoption or declaratory
1607	statement; venue; proceeding for approval of fees and costs.--
1608	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1609	not be filed until after the entry of the judgment or decree
1610	terminating parental rights pending adoption under this chapter,
1611	unless the adoptee is an adult or, the petitioner is a
1612	stepparent or a relative, or the minor has been the subject of a
1613	judgment terminating parental rights under chapter 39. After a
1614	judgment terminating parental rights has been entered, a
1615	proceeding for adoption may be commenced by filing a petition
1616	entitled, "In the Matter of the Adoption of _____" in the
1617	circuit court. The person to be adopted shall be designated in
1618	the caption in the name by which he or she is to be known if the
1619	petition is granted. Except in the case of a joint petition for
1620	adoption of a stepchild, a relative, or an adult, any name by
1621	which the minor was previously known may not be disclosed in the
1622	petition, the notice of hearing, or the judgment of adoption, or
1623	the court docket according to s. 63.162(3).
1624	(2)  VENUE.--A petition for adoption or for a declaratory
1625	statement as to the adoption contract shall be filed in the
1626	county where the petition for termination of parental rights was
1627	granted or filed, unless the court, in accordance with s.
1628	47.122, changes the venue to the county where the petitioner or
1629	petitioners or the minor resides or where the adoption entity
1630	with which the minor has been placed is located. The circuit
1631	court in this state must retain jurisdiction over the matter
1632	until a final judgment is entered on the adoption, either within
1633	or outside the state. The Uniform Child Custody Jurisdiction and
1634	Enforcement Act does not apply until a final judgment is entered
1635	on the adoption.
1636	(5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
1637	prior approval of fees and costs may be commenced any time after
1638	an agreement is reached with between the birth mother or and the
1639	adoptive parents by filing a petition for declaratory statement
1640	on the agreement entitled "In the Matter of the Proposed
1641	Adoption of a Minor Child" in the circuit court.
1642	(a)  The petition must be filed by the adoption entity with
1643	the consent of the parties to the agreement.
1644	(b)  A contract for the payment of fees, costs, and
1645	expenses permitted under this chapter must be in writing, and
1646	any person who enters into the contract has 3 business days in
1647	which to cancel the contract unless placement of the child has
1648	occurred. To cancel the contract, the person must notify the
1649	adoption entity in writing by certified United States mail,
1650	return receipt requested, no later than 3 business days after
1651	signing the contract. For the purposes of this subsection, the
1652	term "business day" means a day on which the United States
1653	Postal Service accepts certified mail for delivery. If the
1654	contract is canceled within the first 3 business days, the
1655	person who cancels the contract does not owe any legal,
1656	intermediary, or other fees, but may be responsible for the
1657	adoption entity's actual costs during that time.
1658	(c)  The court may grant approval only of fees and expenses
1659	permitted under s. 63.097. A prior approval of prospective fees
1660	and costs shall create a presumption that these items will
1661	subsequently be approved by the court under s. 63.132. The
1662	court, under s. 63.132, may order an adoption entity to refund
1663	any amounts paid under this subsection that are subsequently
1664	found by the court to be greater than fees, costs, and expenses
1665	actually incurred.
1666	(d)  The contract may not require, and the court may not
1667	approve, any amount that constitutes payment for locating a
1668	minor for adoption, except as authorized under s. 63.212(1).
1669	(e)  A declaratory statement as to the adoption contract,
1670	regardless of when filed, shall be consolidated with any related
1671	petition for adoption. The clerk of the court shall only assess
1672	one filing fee that includes the adoption action, the
1673	declaratory statement petition, and the petition for termination
1674	of parental rights.
1675	(f)  Prior approval of fees and costs by the court does not
1676	obligate the parent to ultimately relinquish the minor for
1677	adoption.
1678	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1679	for the adoption of a stepchild, a relative, or an adult shall
1680	not require the filing of a separate judgment or separate
1681	proceeding terminating parental rights pending adoption. The
1682	final judgment of adoption has shall have the effect of
1683	terminating parental rights simultaneously with the granting of
1684	the decree of adoption.
1685	Section 20.  Subsection (2) of section 63.112, Florida
1686	Statutes, is amended to read:
1687	63.112  Petition for adoption; description; report or
1688	recommendation, exceptions; mailing.--
1689	(2)  The following documents are required to be filed with
1690	the clerk of the court at the time the petition is filed:
1691	(a)  A certified copy of the court judgment terminating
1692	parental rights under chapter 39 or under this chapter or, if
1693	the adoptee is an adult or a minor relative or stepchild of the
1694	petitioner, the required consent, unless such consent is excused
1695	by the court.
1696	(b)  The favorable preliminary home study by a of the
1697	department, licensed child-placing agency, a licensed or
1698	professional, or an agency described in s. 61.20(2), pursuant to
1699	s. 63.092, as to the suitability of the home in which the minor
1700	has been placed, unless the petitioner is a stepparent or a
1701	relative.
1702	(c)  A copy of any declaratory statement previously entered
1703	by the court pursuant to s. 63.102.
1704	(d)  Documentation that an interview was held with the
1705	minor, if older than 12 years of age, unless the court, in the
1706	best interest of the minor, dispenses with the minor's consent
1707	under s. 63.062(1)(c).
1708	Section 21.  Subsection (3) of section 63.122, Florida
1709	Statutes, is amended to read:
1710	63.122  Notice of hearing on petition.--
1711	(3)  Upon a showing by the petitioner or parent that the
1712	privacy, safety, or and welfare of the petitioner, parent, or
1713	minor may be endangered, the court may order the names of the
1714	petitioner, parent, or minor, or all both, to be deleted from
1715	the notice of hearing and from the copy of the petition attached
1716	thereto, provided the substantive rights of any person will not
1717	thereby be affected.
1718	Section 22.  Subsection (4) of section 63.125, Florida
1719	Statutes, is amended to read:
1720	63.125  Final home investigation.--
1721	(4)  The department, the licensed child-placing agency, or
1722	the professional making the required investigation may request
1723	other state agencies, licensed professionals qualified to
1724	conduct a home study, or child-placing agencies within or
1725	outside this state to make investigations of designated parts of
1726	the inquiry and to make a written report to the department, the
1727	professional, or other person or agency.
1728	Section 23.  Subsection (4) of section 63.132, Florida
1729	Statutes, is amended to read:
1730	63.132  Affidavit of expenses and receipts.--
1731	(4)  This section does not apply to an adoption by a
1732	stepparent or an adoption of a relative or adult, the
1733	finalization of an adoption of a minor whose parent's parental
1734	rights were terminated under chapter 39, or the domestication of
1735	an adoption decree of a minor child adopted in a foreign
1736	country.
1737	Section 24.  Section 63.135, Florida Statutes, is amended
1738	to read:
1739	63.135  Information under oath to be submitted to the
1740	court.--
1741	(1)  The adoption entity or petitioner must file an
1742	affidavit under the Uniform Child Custody Jurisdiction and
1743	Enforcement Act in a termination of parental rights Each party
1744	in an adoption proceeding, in the first pleading or in an
1745	affidavit attached to that pleading, shall give information
1746	under oath as to the child's present address, the places where
1747	the child has lived within the last 5 years, and the names and
1748	present addresses of the persons with whom the child has lived
1749	during that period. In the pleading or affidavit each party
1750	shall further declare under oath whether:
1751	(a)  The party has participated as a party or witness or in
1752	any other capacity in any other litigation concerning the
1753	custody of the same child in this or any other state;
1754	(b)  The party has information of any custody proceeding
1755	concerning the child pending in a court of this or any other
1756	state; and
1757	(c)  The party knows of any person not a party to the
1758	proceedings who has physical custody of the child or claims to
1759	have custody or visitation rights with respect to the child.
1760	(2)  If the declaration as to any item specified in
1761	subsection (1) is in the affirmative, the declarant shall give
1762	additional information under oath as required by the court. The
1763	court may examine the parties under oath about details of the
1764	information furnished and other matters pertinent to the court's
1765	jurisdiction and judgment of adoption.
1766	(2)(3)  Each party has a continuing duty to inform the
1767	court of any custody proceeding concerning the child in this or
1768	any other state about which he or she obtained information
1769	during this proceeding.
1770	Section 25.  Subsections (3) and (4) of section 63.142,
1771	Florida Statutes, are amended to read:
1772	63.142  Hearing; judgment of adoption.--
1773	(3)  DISMISSAL.--
1774	(a)  If the petition is dismissed, further proceedings, if
1775	any, regarding the minor must be brought in a separate custody
1776	action under chapter 61, a dependency action under chapter 39,
1777	or a paternity action under chapter 742 the court shall
1778	determine the person that is to have custody of the minor.
1779	(b)  If the petition is dismissed, the court shall state
1780	with specificity the reasons for the dismissal.
1781	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1782	court determines that the date for a parent to file an appeal of
1783	a valid judgment terminating that parent's parental rights has
1784	passed and no appeal, under pursuant to the Florida Rules of
1785	Appellate Procedure, is pending and that the adoption is in the
1786	best interest of the person to be adopted, a judgment of
1787	adoption shall be entered. A judgment terminating parental
1788	rights pending adoption is voidable and any later judgment of
1789	adoption of that minor is voidable if, upon a parent's motion
1790	for relief from judgment, the court finds that the adoption
1791	fails to substantially meet the requirements of this chapter.
1792	The motion must be filed within a reasonable time, but not later
1793	than 1 year after the date the judgment terminating parental
1794	rights was entered.
1795	Section 26.  Section 63.152, Florida Statutes, is amended
1796	to read:
1797	63.152  Application for new birth record.--Within 30 days
1798	after entry of a judgment of adoption, the clerk of the court
1799	shall transmit a certified statement of the entry to the state
1800	registrar of vital statistics in the state where the adopted
1801	person was born on a form provided by the registrar. A new birth
1802	record containing the necessary information supplied by the
1803	certificate shall be issued by the registrar on application of
1804	the adopting parents or the adopted person.
1805	Section 27.  Subsections (1), (3), and (7) of section
1806	63.162, Florida Statutes, are amended to read:
1807	63.162  Hearings and records in adoption proceedings;
1808	confidential nature.--
1809	(1)  All hearings held in proceedings under this chapter
1810	act shall be held in closed court without admittance of any
1811	person other than essential officers of the court, the parties,
1812	witnesses, counsel, persons who have not consented to the
1813	adoption and are required to consent, and representatives of the
1814	agencies who are present to perform their official duties.
1815	(3)  The court files, records, and papers in the adoption
1816	of a minor shall be indexed only in the name of the petitioner,
1817	and the names name of the petitioner and the minor shall not be
1818	noted on any docket, index, or other record outside the court
1819	file, except that closed agency files may be cross-referenced in
1820	the original and adoptive names of the minor.
1821	(7)  The court may, upon petition of an adult adoptee, for
1822	good cause shown, appoint an intermediary or a licensed child-
1823	placing agency to contact a birth parent and to who has not
1824	registered with the adoption registry pursuant to s. 63.165 and
1825	advise him or her them of the adoptee's request to open the file
1826	and the adoption registry and offer the parent the opportunity
1827	to waive confidentiality and consent to the opening of the
1828	parent's records availability of same.
1829	Section 28.  Paragraph (a) of subsection (2) of section
1830	63.182, Florida Statutes, is amended to read:
1831	63.182  Statute of repose.--
1832	(2)(a)  Except for the specific persons expressly entitled
1833	to be given notice of an adoption in accordance with this
1834	chapter, the interest that entitles a person to notice of an
1835	adoption of a minor must be direct, financial, and immediate,
1836	and the person must show that he or she will gain or lose by the
1837	direct legal operation and effect of the judgment. A showing of
1838	an indirect, inconsequential, or contingent interest is wholly
1839	inadequate, and a person with this indirect interest lacks
1840	standing to set aside a judgment of adoption.
1841	Section 29.  Section 63.192, Florida Statutes, is amended
1842	to read:
1843	63.192  Recognition of foreign judgment or decree affecting
1844	adoption.--A judgment of court terminating the relationship of
1845	parent and child or establishing the relationship by adoption,
1846	or a decree granting legal guardianship for purposes of
1847	adoption, issued pursuant to due process of law by a court or
1848	authorized body of any other jurisdiction within or without the
1849	United States shall be recognized in this state, and the rights
1850	and obligations of the parties on matters within the
1851	jurisdiction of this state shall be determined as though the
1852	judgment or decree were issued by a court of this state. A
1853	judgment or decree of a court or authorized body terminating the
1854	relationship of a parent and child, whether independent,
1855	incorporated in an adoption decree, or incorporated in a legal
1856	guardianship order issued pursuant to due process of law of any
1857	other jurisdiction within or without the United States, shall be
1858	deemed to effectively terminate parental rights for purposes of
1859	a proceeding on a petition for adoption in this state. When a
1860	minor child has been made available for adoption in a foreign
1861	state or foreign country and the parental rights of the minor
1862	child's parent have been terminated or the child has been
1863	declared to be abandoned or orphaned, no additional termination
1864	of parental rights proceeding need occur, and the adoption may
1865	be finalized according to the procedures set forth in this
1866	chapter.
1867	Section 30.  Paragraph (b) of subsection (1) of section
1868	63.207, Florida Statutes, is amended to read:
1869	63.207  Out-of-state placement.--
1870	(1)  Unless the parent placing a minor for adoption files
1871	an affidavit that the parent chooses to place the minor outside
1872	the state, giving the reason for that placement, or the minor is
1873	to be placed with a relative or with a stepparent, or the minor
1874	is a special needs child, as defined in s. 409.166, or for other
1875	good cause shown, an adoption entity may not:
1876	(b)  Place or attempt to place a minor for the purpose of
1877	adoption with a family who primarily lives and works outside
1878	Florida in another state. If an adoption entity is acting under
1879	this subsection, the adoption entity must file a petition for
1880	declaratory statement pursuant to s. 63.102 for prior approval
1881	of fees and costs. The court shall review the costs pursuant to
1882	s. 63.097. The petition for declaratory statement must be
1883	converted to a petition for an adoption upon placement of the
1884	minor in the home. When a minor is placed for adoption with
1885	prospective adoptive parents who primarily live and work outside
1886	this state, the circuit court in this state may retain
1887	jurisdiction over the matter until the adoption becomes final.
1888	The prospective adoptive parents may finalize the adoption in
1889	this state or in their home state.
1890	Section 31.  Paragraph (c) of subsection (1) and
1891	subsections (2) and (7) of section 63.212, Florida Statutes, are
1892	amended to read:
1893	63.212  Prohibited acts; penalties for violation.--
1894	(1)  It is unlawful for any person:
1895	(c)  To sell or surrender, or to arrange for the sale or
1896	surrender of, a minor to another person for money or anything of
1897	value or to receive a such minor child for a such payment or
1898	thing of value. If a minor is being adopted by a relative or by
1899	a stepparent, or is being adopted through an adoption entity,
1900	this paragraph does not prohibit the person who is contemplating
1901	adopting the child from paying, under ss. 63.097 and 63.132, the
1902	actual prenatal care and living expenses of the mother of the
1903	child to be adopted, or from paying, under ss. 63.097 and
1904	63.132, the actual living and medical expenses of the such
1905	mother for a reasonable time, not to exceed 6 weeks, if medical
1906	needs require such support, after the birth of the minor.
1907	(2)(a)  It is unlawful for any person or adoption entity
1908	under this chapter to:
1909	1.  Knowingly provide false information; or
1910	2.  Knowingly withhold material information.
1911	(b)  It is unlawful for a parent, with the intent to
1912	defraud, to accept benefits related to the same pregnancy from
1913	more than one adoption entity without disclosing that fact to
1914	each entity.
1915	(c)  It is unlawful for any person who knows that the
1916	parent whose rights are to be terminated intends to object to
1917	said termination to intentionally file the petition for
1918	termination of parental rights in a county inconsistent with the
1919	required venue under such circumstances.
1920
1921	Any person who willfully violates any provision of this
1922	subsection commits a misdemeanor of the second degree,
1923	punishable as provided in s. 775.082 or s. 775.083. In addition,
1924	the such person is liable for damages caused by the such acts or
1925	omissions, including reasonable attorney's fees and costs.
1926	Damages may be awarded through restitution in any related
1927	criminal prosecution or by filing a separate civil action.
1928	(7)  It is unlawful for any adoptive parent or adoption
1929	entity to obtain a preliminary home study or final home
1930	investigation and fail to disclose the existence of the study or
1931	investigation to the court when required by law to do so.
1932	Section 32.  Subsection (4) and paragraph (c) of subsection
1933	(6) of section 63.213, Florida Statutes, are amended to read:
1934	63.213  Preplanned adoption agreement.--
1935	(4)  An attorney who represents an intended father and
1936	intended mother or any other attorney with whom that attorney is
1937	associated shall not represent simultaneously a female who is or
1938	proposes to be a volunteer mother in the same any matter
1939	relating to a preplanned adoption agreement or preplanned
1940	adoption arrangement.
1941	(6)  As used in this section, the term:
1942	(c)  "Fertility technique" means artificial embryonation
1943	or, artificial insemination, whether in vivo or in vitro or, egg
1944	donation, or embryo adoption.
1945	Section 33.  Section 63.236, Florida Statutes, is created
1946	to read:
1947	63.236  Petitions filed before effective date; governing
1948	law.--Any petition for termination of parental rights filed
1949	before July 1, 2007, shall be governed by the law in effect at
1950	the time the petition was filed.
1951	Section 34.  Section 382.017, Florida Statutes, is amended
1952	to read:
1953	382.017  Foreign births.--
1954	(1)  Upon request, the department shall prepare and
1955	register a certificate of foreign birth for an adoptee born in a
1956	foreign country who is not a citizen of the United States and
1957	whose judgment of adoption was entered by a court of competent
1958	jurisdiction of this state. The certificate shall be established
1959	upon receipt of the report or certified copy of the adoption
1960	decree, proof of the date and place of the adoptee's birth, and
1961	a request that the certificate be prepared from the court, the
1962	adopting parents, or the adoptee if of legal age. The
1963	certificate shall be labeled "Certificate of Foreign Birth" and
1964	shall show the true country and date of birth of the adoptee,
1965	and must include a statement that the certificate is not
1966	evidence of United States citizenship. After registering the
1967	certificate of foreign birth in the new name of the adoptee, the
1968	department shall place the adoption report or decree under seal,
1969	not to be broken except pursuant to court order.
1970	(2)  A certificate of foreign birth for an adoptee born in
1971	a foreign country may be issued without a judgment of adoption
1972	by a court of competent jurisdiction of this state if the
1973	adopting parents submit all of the following:
1974	(a)  A certified translation of all documents described in
1975	this subsection that are not in English.
1976	(b)  The decree, order, or certificate of adoption that
1977	provides eveidence that the adoption has been finalized in the
1978	country in which the adoptee was born.
1979	(c)  An IR-3 visa with proof of United States citizenship
1980	issued upon entry into the United States for the adoptee. An IR-
1981	3 visa is given to a child when the adoptive parent or parents
1982	saw the child prior to adoption, and the adoption is completed
1983	in the country in which the adoptee was born.
1984	(d)  A certified document, signed by each adoptive parent
1985	under penalty of perjury, that states that the adoption complies
1986	with the eligibility requirements set forth in s. 63.042(3).
1987	(e)  Proof that each adopting parent is a resident of the
1988	state.
1989	(3)(2)  If the adoptee was born in a foreign country but
1990	was a citizen of the United States at the time of birth, the
1991	department shall not prepare a certificate of foreign birth but
1992	shall notify the adoptive parents, or the adoptee if of legal
1993	age, of the procedure for obtaining a revised birth certificate
1994	through the United States Department of State.
1995	Section 35.  Subsection (1) of section 383.50, Florida
1996	Statutes, is amended to read:
1997	383.50  Treatment of abandoned newborn infant.--
1998	(1)  As used in this section, the term "newborn infant"
1999	means a child that a licensed physician reasonably believes to
2000	be approximately 7 3 days old or younger at the time the child
2001	is left at a hospital, emergency medical services station, or
2002	fire station.
2003	Section 36.  Paragraph (b) of subsection (5), paragraph (b)
2004	of subsection (10), paragraph (b) of subsection (11), and
2005	subsection (14) of section 409.176, Florida Statutes, are
2006	amended to read:
2007	409.176  Registration of residential child-caring agencies
2008	and family foster homes.--
2009	(5)  The licensing provisions of s. 409.175 do not apply to
2010	a facility operated by an organization that:
2011	(b)  Is certified by a Florida statewide child care
2012	organization that which was in existence on January 1, 1984, and
2013	that which publishes, and requires compliance with, its
2014	standards and files copies thereof with the department. These
2015	Such standards shall be in substantial compliance with published
2016	minimum standards that similar licensed child-caring agencies,
2017	licensed child-placing agencies, or family foster homes are
2018	required to meet, as determined by the department, with the
2019	exception of those standards of a curricular or religious nature
2020	and those relating to staffing or financial stability of
2021	licensed child-caring agencies or family foster homes. Once the
2022	department has determined that the standards for child-caring
2023	agencies, child-placing agencies, or family foster homes are in
2024	substantial compliance with minimum standards that similar
2025	facilities are required to meet, the standards need do not have
2026	to be resubmitted to the department unless a change occurs in
2027	the standards. Any changes in the standards shall be provided to
2028	the department within 10 days after of their adoption.
2029	(10)
2030	(b)  The qualified association shall notify the department
2031	when the qualified association finds, within 30 days after
2032	written notification by registered mail of the requirement for
2033	registration, that a person or facility continues to care for or
2034	place children without a certificate of registration. The
2035	department shall notify the appropriate state attorney of the
2036	violation of law and, if necessary, shall institute a civil suit
2037	to enjoin the person or facility from continuing the care or
2038	placement of children.
2039	(11)
2040	(b)  If the department determines that a person or facility
2041	is caring for or placing a child without a valid certificate of
2042	registration issued by the qualified association or has made a
2043	willful or intentional misstatement on any registration
2044	application or other document required to be filed in connection
2045	with an application for a certificate of registration, the
2046	qualified association, as an alternative to or in conjunction
2047	with an administrative action against the such person or
2048	facility, shall make a reasonable attempt to discuss each
2049	violation with, and recommend corrective action to, the person
2050	or the administrator of the facility, prior to written
2051	notification thereof.
2052	(14)  Registration under this section, including the issue
2053	of substantial compliance with published minimum standards that
2054	similar licensed child-caring facilities, licensed child-placing
2055	agencies, or family foster homes are required to meet, as
2056	provided in paragraph (5)(b), is subject to the provisions of
2057	chapter 120.
2058	Section 37.  Section 742.021, Florida Statutes, is amended
2059	to read:
2060	742.021  Venue, process, complaint.--The proceedings shall
2061	be in the circuit court of the county where the plaintiff
2062	resides or of the county where the defendant resides. The
2063	complaint shall aver sufficient facts charging the paternity of
2064	the child. Upon filing of every complaint seeking to determine
2065	paternity, the clerk of court shall issue a notice to be
2066	provided to each petitioner upon filing and to each respondent
2067	with service of the petition. The notice shall be in
2068	substantially the following form:
2069
2070	In order to preserve the right to notice and consent to the
2071	adoption of the child, an unmarried biological father must,
2072	as the "registrant," file a notarized claim of paternity
2073	form with the Florida Putative Father Registry maintained
2074	by the Office of Vital Statistics of the Department of
2075	Health and shall include therein confirmation of his
2076	willingness and intent to support the child for whom
2077	paternity is claimed in accordance with state law. The
2078	claim of paternity may be filed at any time prior to the
2079	child's birth, but a claim of paternity may not be filed
2080	after the date a petition is filed for termination of
2081	parental rights.
2082
2083	Process directed to the defendant shall issue forthwith
2084	requiring the defendant to file written defenses to the
2085	complaint in the same manner as suits in chancery. Upon
2086	application and proof under oath, the court may issue a writ of
2087	ne exeat against the defendant on such terms and conditions and
2088	conditioned upon bond in such amount as the court may determine.
2089	Section 38.  Subsection (1) of section 742.10, Florida
2090	Statutes, is amended to read:
2091	742.10  Establishment of paternity for children born out of
2092	wedlock.--
2093	(1)  Except as provided chapters 39 and 63, this chapter
2094	provides the primary jurisdiction and procedures for the
2095	determination of paternity for children born out of wedlock.
2096	When the establishment of paternity has been raised and
2097	determined within an adjudicatory hearing brought under the
2098	statutes governing inheritance, or dependency under workers'
2099	compensation or similar compensation programs, or when an
2100	affidavit acknowledging paternity or a stipulation of paternity
2101	is executed by both parties and filed with the clerk of the
2102	court, or when an affidavit, a notarized voluntary
2103	acknowledgment of paternity, or a voluntary acknowledgment of
2104	paternity that is witnessed by two individuals and signed under
2105	penalty of perjury as provided for in s. 382.013 or s. 382.016
2106	is executed by both parties, or when paternity is adjudicated by
2107	the Department of Revenue as provided in s. 409.256, such
2108	adjudication, affidavit, or acknowledgment constitutes the
2109	establishment of paternity for purposes of this chapter. If no
2110	adjudicatory proceeding was held, a notarized voluntary
2111	acknowledgment of paternity or voluntary acknowledgment of
2112	paternity that is witnessed by two individuals and signed under
2113	penalty of perjury as specified by s. 92.525(2) shall create a
2114	rebuttable presumption, as defined by s. 90.304, of paternity
2115	and is subject to the right of any signatory to rescind the
2116	acknowledgment within 60 days after the date the acknowledgment
2117	was signed or the date of an administrative or judicial
2118	proceeding relating to the child, including a proceeding to
2119	establish a support order, in which the signatory is a party,
2120	whichever is earlier. Both parents must provide their social
2121	security numbers on any acknowledgment of paternity, consent
2122	affidavit, or stipulation of paternity. Except for affidavits
2123	under seal pursuant to ss. 382.015 and 382.016, the Office of
2124	Vital Statistics shall provide certified copies of affidavits to
2125	the Title IV-D agency upon request.
2126	Section 39.  If any provision of this act or its
2127	application to any person or circumstance is held invalid, the
2128	invalidity does not affect other provisions or applications of
2129	the act which can be given effect without the invalid provision
2130	or application, and to this end the provisions of this act are
2131	severable.
2132	Section 40.  This act shall take effect July 1, 2007.

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