1

A bill to be entitled

2

An act relating to the termination of parental rights;

3

amending s. 39.812, F.S.; requiring a petition for

4

adoption to be accompanied by a statement verifying that

5

adoptive parents have received all information required to

6

be disclosed; amending s. 49.011, F.S.; providing for

7

service of process by publication for termination of

8

parental rights under ch. 63, F.S.; amending s. 63.032,

9

F.S.; redefining terms; amending s. 63.037, F.S.;

10

conforming a cross-reference; amending s. 63.039, F.S.;

11

requiring an adoption entity to provide adoption

12

disclosure statements to persons whose consent is required

13

for adoption; requiring attorney's fees and costs in

14

certain actions to be awarded pursuant to the Florida

15

Rules of Civil Procedures; amending s. 63.0425, F.S.;

16

clarifying a grandparent's right to notice; amending s.

17

63.054, F.S.; providing that an unmarried biological

18

father who fails to register with the Florida Putative

19

Father Registry before the filing of a petition for

20

termination of parental rights may not file a paternity

21

claim under ch. 742, F.S.; providing an exception from the

22

time limitations for filing a paternity claim; providing

23

that if a registrant fails to report a change of address,

24

the adoption entity or adoption petitioner is not

25

obligated to search further for the registrant; requiring

26

a petitioner in a proceeding in which parental rights are

27

terminated simultaneously with entry of final judgment of

28

adoption to contact the Office of Vital Statistics for a

29

search of the registry; providing procedures for searching

30

the registry when termination of parental rights and an

31

adoption proceeding are adjudicated separately; amending

32

s. 63.062, F.S.; revising criteria for serving notice of

33

terminating parental rights to the father of a minor;

34

revising procedures for serving notice of intended

35

adoption plan; providing criteria for avoiding default on

36

providing consent to adoption; providing for the proper

37

venue to file a petition to terminate parental rights;

38

amending s. 63.063, F.S.; revising the standard for

39

compliance with laws relating to adoption; amending s.

40

63.082, F.S.; revising the notice and consent requirements

41

to adoption to also exclude cases involving sexual

42

activity with certain minors; revising consent

43

requirements that apply to men; limiting the time period

44

for revoking consent to adopt a child older than 6 months

45

of age to 3 business days; revising requirements for

46

withdrawing a consent for adoption; amending s. 63.085,

47

F.S.; revising requirements for required disclosures by an

48

adoption entity; requiring that background information

49

concerning the child be revealed to prospective adoptive

50

parents; amending s. 63.087, F.S.; revising procedures for

51

terminating parental rights pending an adoption; providing

52

the proper venue in which to file a petition to terminate

53

parental rights; providing for joint petitions for

54

termination of parental rights and adoption; providing

55

that failure to appear at certain hearings constitutes

56

grounds for termination of parental rights; removing a

57

provision relating to the procedure for notifying a

58

petitioner of a final hearing; amending s. 63.088, F.S.;

59

providing that a mother's failure to identify an unmarried

60

biological father is not a defense to a termination of

61

parental rights; revising information relating to a

62

court's inquiry about the father of the child who is to be

63

adopted; requiring persons contacted by a petitioner or

64

adoption entity to release certain information; providing

65

that a judgment approving a diligent search is not subject

66

to direct or collateral attack; amending s. 63.089, F.S.;

67

revising provisions relating to service of notice and

68

petition regarding termination of parental rights and

69

consent to adoption; revising conditions for making a

70

finding of abandonment; prohibiting a person who failed to

71

establish parental rights from challenging a judgment

72

terminating parental rights under certain circumstances;

73

amending s. 63.092, F.S.; revising the conditions and

74

timeframe for an adoption entity to report to the court

75

the intent to place a minor for adoption; amending s.

76

63.102, F.S.; revising procedures for the filing of a

77

petition for adoption; providing the proper venue where

78

the petition may be filed; amending s. 63.122, F.S.;

79

revising whose name may be removed from a petition under

80

certain circumstances; amending s. 63.132, F.S.; providing

81

additional exceptions to the requirement that the adoptive

82

parent and the adoption entity file an affidavit itemizing

83

all expenses and receipts; amending s. 63.135, F.S.;

84

requiring the adoption entity or petitioner to file an

85

affidavit under the Uniform Child Custody Jurisdiction and

86

Enforcement Act in a termination of parental rights

87

proceeding; deleting information required to be submitted

88

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

89

requiring that if an adoption petition is dismissed, any

90

further proceedings regarding the minor be brought in a

91

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

92

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

93

742, F.S.; revising conditions under which a judgment

94

terminating parental rights is voidable; amending s.

95

63.192, F.S.; requiring the courts of this state to

96

recognize decrees of termination of parental rights and

97

adoptions from other states and countries; amending s.

98

63.212, F.S.; revising acts that are unlawful pertaining

99

to adoptions; creating s. 63.236, F.S.; providing that a

100

petition for termination of parental rights filed before

101

the effective date of the act is governed by the law in

102

effect at the time the petition was filed; amending s.

103

742.021, F.S.; requiring the clerk of court to issue

104

certain notice in cases of complaints concerning

105

determination of paternity; amending s. 742.10, F.S.;

106

providing applicability of chs. 39 and 63, F.S., to

107

jurisdiction and procedures for determination of paternity

108

for children born out of wedlock; providing an effective

109

date.

110

111

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

112

113

     Section 1.  Subsection (5) of section 39.812, Florida

114

Statutes, is amended to read:

115

     39.812  Postdisposition relief; petition for adoption.--

116

     (5)  The petition for adoption must be filed in the division

117

of the circuit court which entered the judgment terminating

118

parental rights, unless a motion for change of venue is granted

119

pursuant to s. 47.122. A copy of the consent executed by the

120

department as required under s. 63.062(7) must be attached to the

121

petition, unless waived pursuant to s. 63.062(7) the court

122

determines that such consent is being unreasonably withheld and

123

provided that the petitioner has filed with the court a favorable

124

preliminary adoptive home study performed by a licensed child-

125

placing agency, a child-caring agency registered under s.

126

409.176, or a licensed professional or agency described in s.

127

61.20(2). The petition must be accompanied by a statement, signed

128

by the prospective adoptive parents, acknowledging receipt of all

129

information required to be disclosed under s. 63.085 and a form

130

provided by the department which details the social and medical

131

history of the child and each parent and includes the social

132

security number and date of birth for each parent, if such

133

information is available or readily obtainable. The prospective

134

adoptive parents person seeking to adopt the child may not file a

135

petition for adoption until the judgment terminating parental

136

rights becomes final. An adoption proceeding under this

137

subsection is governed by chapter 63, as limited under s. 63.037.

138

     Section 2.  Subsection (13) of section 49.011, Florida

139

Statutes, is amended to read:

140

     49.011  Service of process by publication; cases in which

141

allowed.--Service of process by publication may be made in any

142

court on any party identified in s. 49.021 in any action or

143

proceeding:

144

     (13)  For termination of parental rights pursuant to part IX

145

of chapter 39 or chapter 63.

146

     Section 3.  Subsections (4) through (20) of section 63.032,

147

Florida Statutes, are amended to read:

148

     63.032  Definitions.--As used in this chapter, the term:

149

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

150

parent or other individual having a legal right to custody of a

151

minor, born or to be born, with an adoption entity in furtherance

152

of placing the minor for adoption.

153

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

154

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

155

the department pursuant to s. 63.202 to place minors for

156

adoption.

157

     (7)(6) "Child" means any unmarried person under the age of

158

18 years who has not been emancipated by court order a son or

159

daughter, whether by birth or adoption.

160

     (8)(7) "Court" means a any circuit court of this state and,

161

if when the context requires, the court of any state that is

162

empowered to grant petitions for adoption.

163

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

164

Family Services.

165

     (10)(9) "Intermediary" means an attorney who is licensed or

166

authorized to practice in this state and who is placing or

167

intends to place a child for adoption, including placing children

168

born in another state with citizens of this state or country or

169

placing children born in this state with citizens of another

170

state or country.

171

     (11)(10) "Legal custody" has the meaning ascribed in s.

172

39.01.

173

     (11) "Minor" means a person under the age of 18 years.

174

     (12) "Parent" means a woman who gives birth to a child or a

175

man whose consent to the adoption of the child would be required

176

under s. 63.062(1). If a child has been legally adopted, the term

177

"parent" means the adoptive mother or father of the child. The

178

term does not include an individual whose parental relationship

179

to the child has been legally terminated or an alleged or

180

prospective parent has the same meaning ascribed in s. 39.01.

181

     (13)  "Person" includes a natural person, corporation,

182

government or governmental subdivision or agency, business trust,

183

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

184

entity.

185

     (14) "Relative" means a person related by blood to the

186

person being adopted within the third degree of consanguinity.

187

     (15) "To place" means the process of a parent or legal

188

guardian surrendering a child for adoption and the prospective

189

adoptive parents receiving and adopting the child, and includes

190

all actions by any person or adoption entity participating in the

191

process.

192

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

193

guardian surrendering a child for adoption and the prospective

194

adoptive parents receiving and adopting the child and all actions

195

by any adoption entity participating in placing the child.

196

     (15)(17) "Primarily lives and works outside Florida" means

197

that a person who lives and works outside this state at least 6

198

months and 1 day per of the year, is a member of the military

199

personnel who designates a state other than designate Florida as

200

his or her their place of residence in accordance with the

201

Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a

202

citizen employees of the United States Department of State living

203

in a foreign country who designates designate a state other than

204

Florida as his or her their place of residence.

205

     (16) "Relative" means a person related by blood to the

206

person being adopted within the third degree of consanguinity.

207

     (17)(18) "Suitability of the intended placement" means

208

includes the fitness of the intended placement, with primary

209

consideration being given to the best interest of the child.

210

     (18) "To place" means the process whereby a parent or legal

211

guardian surrenders a child for adoption and the prospective

212

adoptive parents receive and adopt the child, and includes all

213

actions by any person or adoption entity participating in the

214

process.

215

     (19)  "Unmarried biological father" means the child's

216

biological father who is not married to the child's mother at the

217

time of conception or birth of the child and who, before the

218

filing of a petition to terminate parental rights, has not been

219

adjudicated declared by a court of competent jurisdiction to be

220

the legal father of the child or has not executed an affidavit

221

pursuant to s. 382.013(2)(c).

222

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

223

parent or other individual having a legal right to custody of a

224

minor child, born or to be born, with an adoption entity in

225

furtherance of the placement of the minor for adoption.

226

     Section 4.  Section 63.037, Florida Statutes, is amended to

227

read:

228

     63.037  Proceedings applicable to cases resulting from a

229

termination of parental rights under chapter 39.--A case in which

230

a minor becomes available for adoption after the parental rights

231

of each parent have been terminated by a judgment entered

232

pursuant to chapter 39 shall be governed by s. 39.812 and this

233

chapter. Adoption proceedings initiated under chapter 39 are

234

exempt from the following provisions of this chapter: disclosure

235

requirements for the adoption entity provided in s. 63.085(1)

236

63.085; general provisions governing termination of parental

237

rights pending adoption provided in s. 63.087; notice and service

238

provisions governing termination of parental rights pending

239

adoption provided in s. 63.088; and procedures for terminating

240

parental rights pending adoption provided in s. 63.089.

241

     Section 5.  Paragraph (i) of subsection (1) of section

242

63.039, Florida Statutes, is amended, paragraph (j) is added to

243

that subsection, and subsection (3) of that section is amended,

244

to read:

245

     63.039  Duty of adoption entity to prospective adoptive

246

parents; sanctions.--

247

     (1)  An adoption entity placing a minor for adoption has an

248

affirmative duty to follow the requirements of this chapter and

249

specifically the following provisions, which protect and promote

250

the well-being of persons being adopted and their parents and

251

prospective adoptive parents by promoting certainty, finality,

252

and permanency for such persons. The adoption entity must:

253

     (i)  Obtain the written waiver of venue required under s.

254

63.062, if applicable in cases in which venue for the termination

255

of parental rights will be located in a county other than the

256

county where a parent whose rights are to be terminated resides.

257

     (j) Provide an adoption disclosure statement, as required

258

under s. 63.085(1), to all persons whose consent is required

259

under s. 63.062(1).

260

     (3)  The prevailing party in an action to set aside a

261

judgment terminating parental rights pending adoption or a

262

judgment of adoption may be awarded reasonable attorney's fees

263

and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil

264

Procedure. An award under this subsection must be paid by the

265

adoption entity or by the any applicable insurance carrier on

266

behalf of the adoption entity if the court finds that the acts or

267

omissions of the entity were the basis for the court's order

268

granting relief to the prevailing party.

269

     Section 6.  Section 63.0425, Florida Statutes, is amended to

270

read:

271

     63.0425 Grandparent's right to notice adopt.--

272

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

273

least 6 months within the 24-month period immediately preceding

274

the filing of a petition for termination of parental rights

275

pending adoption, the adoption entity shall provide notice to

276

that grandparent of the hearing on the petition for termination

277

of parental rights pending adoption.

278

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

279

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

280

different preference is stated in the parent's will.

281

     (3) This section does shall not apply in stepparent

282

adoptions.

283

     (4) Nothing in This section does not shall contravene the

284

provisions of s. 63.142(4).

285

     Section 7.  Subsections (1), (6), and (7) of section 63.054,

286

Florida Statutes, are amended to read:

287

     63.054  Actions required by an unmarried biological father

288

to establish parental rights; Florida Putative Father Registry.--

289

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

290

an adoption under this chapter, an unmarried biological father

291

must, as the "registrant," file a notarized claim of paternity

292

form with the Florida Putative Father Registry maintained by the

293

Office of Vital Statistics of the Department of Health which

294

includes and shall include therein confirmation of his

295

willingness and intent to support the child for whom paternity is

296

claimed in accordance with state law. The claim of paternity may

297

be filed at any time before prior to the child's birth, but a

298

claim of paternity may not be filed after the date a petition is

299

filed for termination of parental rights. In each proceeding for

300

termination of parental rights, the petitioner must shall submit

301

to the Office of Vital Statistics of the Department of Health a

302

copy of the petition for termination of parental rights. The

303

Office of Vital Statistics may of the Department of Health shall

304

not record a claim of paternity after the date that a petition

305

for termination of parental rights is filed. The failure of an

306

unmarried biological father to file a claim of paternity with the

307

registry before the date a petition for termination of parental

308

rights is filed also bars him from filing a paternity claim under

309

chapter 742.

310

     (a) An unmarried biological father is excepted from the

311

time limitations for filing a claim of paternity with the

312

registry or for filing a paternity claim under chapter 742 if:

313

     1. The mother identifies him to the adoption entity as a

314

potential biological father by the date she executes a consent

315

for adoption; and

316

     2. He is served with a notice of intended adoption plan

317

pursuant to s. 63.062(3) and the 30-day mandatory response date

318

is later than the date the petition for termination of parental

319

rights is filed with the court.

320

     (b) If an unmarried biological father falls within the

321

exception provided by paragraph (a), the petitioner shall also

322

submit to the Office of Vital Statistics a copy of the notice of

323

intended adoption plan and proof of service of the notice on the

324

potential biological father.

325

     (c) An unmarried biological father who falls within the

326

exception provided by paragraph (a), may not file a claim of

327

paternity with the registry or a paternity claim under chapter

328

742 after the 30-day mandatory response date to the notice of

329

intended adoption plan has expired. The Office of Vital

330

Statistics may not record a claim of paternity 30 days after

331

service of the notice of intended adoption plan.

332

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

333

designated under subsection (4), his designated agent or

334

representative to notify and update the Office of Vital

335

Statistics of any change of address or change in the designation

336

of an agent or representative. The failure of a registrant, or

337

designated agent or representative, to report any such change is

338

at the registrant's own risk and may shall not serve as a valid

339

defense based upon lack of notice, and the adoption entity or

340

petitioner has no further obligation to search for the registrant

341

unless the person petitioning for termination of parental rights

342

or adoption has actual or constructive notice of the registrant's

343

address and whereabouts from another source.

344

     (7)  In each proceeding for termination of parental rights

345

or each adoption proceeding in which parental rights are being

346

terminated simultaneously with entry of the final judgment of

347

adoption, as in a stepparent and relative adoption filed under

348

this chapter, the petitioner must contact the Office of Vital

349

Statistics of the Department of Health by submitting an

350

application for a search of the Florida Putative Father Registry.

351

The petitioner must shall provide the same information, if known,

352

on the search application form that which the registrant

353

furnished is required to furnish under subsection (3).

354

Thereafter, the Office of Vital Statistics shall must issue a

355

certificate signed by the State Registrar certifying:

356

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

357

registered unmarried biological father whose information matches

358

the search request sufficiently so that such person may be

359

considered a possible father of the subject child; or

360

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

361

registrants who may be the unmarried biological father of the

362

subject child and that no matching registration has been located

363

in the registry.

364

365

The This certificate must be filed with the court in the

366

proceeding to terminate parental rights or the adoption

367

proceeding. If a termination of parental rights and an adoption

368

proceeding are being adjudicated separately simultaneously, the

369

Florida Putative Father Registry need only be searched for the

370

termination of parental rights proceeding once.

371

     Section 8.  Paragraph (b) of subsection (1) and subsections

372

(3), (7), and (9) of section 63.062, Florida Statutes, are

373

amended to read:

374

     63.062  Persons required to consent to adoption; affidavit

375

of nonpaternity; waiver of venue.--

376

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

377

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

378

rights pending adoption may be granted only if written consent

379

has been executed as provided in s. 63.082 after the birth of the

380

minor or notice has been served under s. 63.088 to:

381

     (b)  The father of the minor, if:

382

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

383

married to the mother;

384

     2.  The minor is his child by adoption;

385

     3. The minor has been adjudicated established by the court

386

proceeding to be his child by the date a petition is filed for

387

termination of parental rights;

388

     4.  He has filed an affidavit of paternity pursuant to s.

389

382.013(2)(c) by the date a petition is filed for termination of

390

parental rights; or

391

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

392

acknowledged in writing, signed in the presence of a competent

393

witness, that he is the father of the minor, has filed such

394

acknowledgment with the Office of Vital Statistics of the

395

Department of Health within the required timeframes, and has

396

complied with the requirements of subsection (2).

397

     (3)(a) Pursuant to chapter 48, an adoption entity may serve

398

a notice of intended adoption plan upon any known and locatable

399

unmarried biological father who is identified to the adoption

400

entity by the mother by the date she signs her consent for

401

adoption or who is identified by a diligent search of the Florida

402

Putative Father Registry, or upon an entity whose consent is

403

required. The notice may be served, a notice of intended adoption

404

plan at any time before the child's birth or before placing prior

405

to the placement of the child in the adoptive home, including

406

prior to the birth of the child. The recipient of the notice may

407

waive service of process by executing a waiver and acknowledging

408

receipt of the plan. The notice of intended adoption plan must

409

specifically state that if the unmarried biological father

410

desires to contest the adoption plan, he must, within 30 days

411

after service, file with the court, within 30 days after service,

412

a verified response that contains a pledge of commitment to the

413

child in substantial compliance with subparagraph (2)(b)2. and

414

The notice of intended adoption plan shall notify the unmarried

415

biological father that he must file a claim of paternity form

416

with the Office of Vital Statistics, within 30 days after service

417

upon him and must provide the adoption entity with a copy of the

418

verified response filed with the court and the claim of paternity

419

form filed with the Office of Vital Statistics. The notice must

420

also include instructions for submitting a claim of paternity

421

form to the Office of Vital Statistics and the address to which

422

the claim must be sent. If the party served with the notice of

423

intended adoption plan is an entity whose consent is required,

424

the notice must specifically state that the entity must file,

425

within 30 days after service, a verified response setting forth a

426

legal basis for contesting the intended adoption plan,

427

specifically addressing the best interest of the child.

428

     (a) If the unmarried biological father or entity whose

429

consent is required fails to timely and properly file a verified

430

response with the court and, in the case of an unmarried

431

biological father, a claim of paternity form with the Office of

432

Vital Statistics within 30 days after service upon that unmarried

433

biological father or entity whose consent is required, the court

434

shall enter a default against any unmarried biological father or

435

entity and the consent of that unmarried biological father or

436

entity shall no longer be required under this chapter and that

437

party shall be deemed to have waived any claim of rights to the

438

child. To avoid a default, within 30 days after receipt of

439

service of the notice of intended adoption plan:

440

     1. The unmarried biological father must:

441

     a. File a claim of paternity with the Florida Putative

442

Father Registry maintained by the Office of Vital Statistics;

443

     b. File a verified response with the court which contains a

444

pledge of commitment to the child in substantial compliance with

445

subparagraph (2)(b)2.; and

446

     c. Provide support for the birth mother and child.

447

     2. The entity whose consent is required must file a

448

verified response setting forth a legal basis for contesting the

449

intended adoption plan, specifically addressing the best interest

450

of the child. Each notice of intended adoption plan served upon

451

an unmarried biological father must include instructions as to

452

the procedure the unmarried biological father must follow to

453

submit a claim of paternity form to the Office of Vital

454

Statistics and the address to which the registration must be

455

directed.

456

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

457

is the unmarried biological father of her child, the adoption

458

entity may provide a notice of intended adoption plan pursuant to

459

paragraph (a). If the mother identifies a potential unmarried

460

biological father whose location is unknown, the adoption entity

461

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

462

completion of a diligent search, the potential unmarried

463

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

464

Florida Putative Father Registry fails to reveal a match, the

465

adoption entity shall request in the petition for termination of

466

parental rights pending adoption that the court declare the

467

diligent search to be in compliance with s. 63.088, and to

468

further declare that the adoption entity has shall have no

469

further obligation to provide notice to the potential unmarried

470

biological father, and that the potential unmarried biological

471

father's consent to the adoption is shall not be required.

472

     (7)  If parental rights to the minor have previously been

473

terminated, the adoption entity with which the minor has been

474

placed for subsequent adoption may provide consent to the

475

adoption. In such case, no other consent is required. The consent

476

of the department shall be waived upon a determination by the

477

court that such consent is being unreasonably withheld and if,

478

provided that the petitioner has filed with the court a favorable

479

preliminary adoptive home study as required under s. 63.092

480

performed by a licensed child-placing agency, a child-caring

481

agency registered under s. 409.176, or a licensed professional or

482

agency described in s. 61.20(2).

483

     (9) A petition for termination of parental rights must

484

shall be filed in the appropriate county as determined under s.

485

63.087(2). If a the parent or parents whose consent is required

486

objects rights are to be terminated object to venue in the county

487

where the action was filed, the court may transfer venue to a

488

proper venue consistent with this chapter and chapter 47 the

489

action to the county where the objecting parent or parents

490

reside, unless the objecting parent has previously executed a

491

waiver of venue.

492

     Section 9.  Section 63.063, Florida Statutes, is amended to

493

read:

494

     63.063 Responsibility of parents each party for their own

495

actions; fraud or misrepresentation; contesting termination of

496

parental rights and adoption statutory compliance.--

497

     (1)  Each parent of a child conceived or born outside of

498

marriage is responsible for his or her own actions and is not

499

excused from strict compliance with the provisions of this

500

chapter based upon any action, statement, or omission of the

501

other parent or a third party, except as provided in s.

502

63.062(2)(a).

503

     (2)  Any person injured by a fraudulent representation or

504

action in connection with an adoption may is entitled to pursue

505

civil or criminal penalties as provided by law. A fraudulent

506

representation is not a defense to compliance with the

507

requirements of this chapter and is not a basis for dismissing a

508

petition for termination of parental rights or a petition for

509

adoption, for vacating an adoption decree, or for granting

510

custody to the offended party. Custody and adoption

511

determinations must shall be based on the best interest of the

512

child in accordance with s. 61.13.

513

     (3)  The Legislature finds no way to remove all risk of

514

fraud or misrepresentation in adoption proceedings and has

515

provided a method for absolute protection of an unmarried

516

biological father's rights through by compliance with the

517

provisions of this chapter. In balancing the rights and interests

518

of the state and of all parties affected by fraud, including the

519

child, the adoptive parents, and the unmarried biological father,

520

the Legislature has determined that the unmarried biological

521

father is in the best position to prevent or ameliorate the

522

effects of fraud and, therefore, has the burden of preventing

523

fraud.

524

     (4)  The Legislature finds that an unmarried biological

525

father who resides in another state may not, in every

526

circumstance, be reasonably presumed to know of and comply with

527

the requirements of this chapter. Therefore, if all of the

528

following requirements have been met, an unmarried biological

529

father may contest a termination of parental rights or subsequent

530

adoption and, before prior to entry of the final judgment of

531

adoption, assert his interest in the child. Following such

532

assertion, the court may, in its discretion, proceed with an

533

evidentiary hearing if:

534

     (a)  The unmarried biological father resides and has resided

535

in another state where the unmarried mother was also located or

536

resided.

537

     (b)  The unmarried mother left that state without notifying

538

or informing the unmarried biological father that she could be

539

located in this the state of Florida.

540

     (c)  The unmarried biological father has, through every

541

reasonable means, attempted to locate the mother but does not

542

know or have reason to know that the mother is residing in this

543

the state of Florida.

544

     (d)  The unmarried biological father has substantially

545

complied with the requirements of the state where the mother

546

previously resided or was located in order to protect and

547

preserve his parental interest and rights with regard to the

548

child.

549

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

550

(b), (c), and (e) of subsection (4), paragraphs (a), (b), and (d)

551

of subsection (6), and subsection (7) of section 63.082, Florida

552

Statutes, are amended to read:

553

     63.082  Execution of consent to adoption or affidavit of

554

nonpaternity; family social and medical history; withdrawal of

555

consent.--

556

     (1)

557

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

558

they relate to the birth of a child or to legal fathers do not

559

apply in cases in which the child is conceived as a result of a

560

violation of the criminal laws of this or another state,

561

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

562

activity with certain minors under s. 794.05, lewd acts

563

perpetrated upon a minor, or incest.

564

     (4)

565

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

566

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

567

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

568

mother is has been notified in writing, either on her patient

569

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

570

from the licensed hospital or birth center, whichever is earlier.

571

A consent by any man a biological father or legal father may be

572

executed at any time after the birth of the child. The A consent

573

executed under this paragraph is valid upon execution and may be

574

withdrawn only if the court finds that it was obtained by fraud

575

or duress.

576

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

577

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

578

to adoption is valid upon execution; however, it is subject to a

579

3-day revocation period of 3 business days or may be revoked at

580

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

581

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

582

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

583

parent with more than 3 days to revoke the consent once the child

584

has been placed with the prospective adoptive parents.

585

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

586

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

587

substantially the following form:

588

589

CONSENT TO ADOPTION

590

591

YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT

592

HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH

593

THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE

594

PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A

595

WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

596

OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU

597

SELECTED, IF ANY.

598

599

YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE

600

FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS

601

CONSENT:

602

603

1.  CONSULT WITH AN ATTORNEY;

604

2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY

605

PROHIBITED;

606

3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY

607

MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;

608

4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND

609

5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO

610

YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.

611

612

IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR

613

CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT

614

UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR

615

RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR

616

ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

617

BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED

618

UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR

619

ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF

620

BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN

621

WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT

622

SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

623

CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY

624

BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT

625

ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE

626

CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE

627

WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR

628

DURESS.

629

630

IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS

631

AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:

632

633

1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU

634

WISH TO WITHDRAW YOUR CONSENT; AND

635

2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR

636

DURESS.

637

638

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

639

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

640

of age. A consent form for the adoption of a child older than 6

641

months of age at the time of the execution of consent must

642

contain a statement outlining the revocation rights provided in

643

paragraph (c).

644

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

645

of a minor with an adoption entity or qualified prospective

646

adoptive parents and the minor child is in the custody of the

647

department, but parental rights have not yet been terminated, the

648

adoption consent is shall be valid, binding, and enforceable by

649

the court.

650

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

651

adoption entity may shall be permitted to intervene in the

652

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

653

court having jurisdiction over the minor, pursuant to the shelter

654

or dependency petition filed by the department, with a copy of

655

the preliminary home study of the prospective adoptive parents

656

and any other evidence of the suitability of the placement. The

657

preliminary home study must shall be maintained with strictest

658

confidentiality within the dependency court file and the

659

department's file. A preliminary home study must be provided to

660

the court in all cases in which an adoption entity has intervened

661

pursuant to this section.

662

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

663

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

664

to the prospective adoptive parent selected by the birth parent,

665

the court shall consider give consideration to the rights of the

666

birth parent to determine an appropriate placement for the child,

667

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

668

adoptive home that the child has been residing in, and the

669

importance of maintaining sibling relationships, if possible.

670

     (7) If a person is seeking to withdraw consent for a child

671

older than 6 months of age who has been placed with prospective

672

adoptive parents:

673

     (a) The person seeking to withdraw consent must, in

674

accordance with paragraph (4)(c), notify A consent that is being

675

withdrawn under paragraph (4)(c) may be withdrawn at any time

676

prior to the minor's placement with the prospective adoptive

677

parents or by notifying the adoption entity in writing by

678

certified United States mail, return receipt requested, within

679

not later than 3 business days after execution of the consent. As

680

used in this subsection, the term "business day" means any day on

681

which the United States Postal Service accepts certified mail for

682

delivery.

683

     (b) Upon receiving timely written notice from a person

684

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

685

withdraw consent to adoption, the adoption entity must contact

686

the prospective adoptive parent to arrange a time certain for the

687

adoption entity to regain physical custody of the minor, unless,

688

upon a motion for emergency hearing by the adoption entity, the

689

court determines in written findings that placement of the minor

690

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

691

immediately before the child was placed for adoption withdrawing

692

consent may endanger the minor, or that the person who desires to

693

withdraw consent is to the adoption would not be required to

694

consent to the adoption, or has been determined to have abandoned

695

the child, or is otherwise subject to a determination that the

696

person's consent is waived under this chapter.

697

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

698

the minor, the court shall must enter an order continuing the

699

regarding continued placement of the minor with the prospective

700

adoptive parents pending further proceedings if they desire

701

continued placement. If the prospective adoptive parents do not

702

desire continued placement, the order must shall include, but

703

need not be limited to, a determination of whether temporary

704

placement in foster care with the person who had legal or

705

physical custody of the child immediately before placing the

706

child for adoption or with a relative is in the best interest of

707

the child and is appropriate, whether an investigation by the

708

department is recommended, and whether a relative is available

709

for the temporary placement.

710

     (d)  If the person withdrawing consent claims to be the

711

father of the minor but has not been established to be the father

712

by marriage, court order, or scientific testing, the court may

713

order scientific paternity testing and reserve ruling on removal

714

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

715

with the court.

716

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

717

business days after timely and proper notification of the

718

withdrawal of consent or after the court determines that

719

withdrawal is valid and binding upon consideration of an

720

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

721

physical custody of the person withdrawing consent or the person

722

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

723

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

724

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

725

scientific testing, the adoption entity may return the minor to

726

the care and custody of the mother, if she desires such

727

placement, and she the mother is not otherwise prohibited by law

728

from having custody of the child.

729

     (f)  Following the revocation period for withdrawal of

730

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

731

with the prospective adoptive parents, whichever occurs later,

732

consent may be withdrawn only when the court finds that the

733

consent was obtained by fraud or duress.

734

     (g)  An affidavit of nonpaternity may be withdrawn only if

735

the court finds that the affidavit was obtained by fraud or

736

duress.

737

     Section 11.  Section 63.085, Florida Statutes, is amended to

738

read:

739

     63.085  Disclosure by adoption entity.--

740

     (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE

741

PARENTS.--Within Not later than 14 days after a person seeking to

742

adopt a minor or a person seeking to place a minor for adoption

743

contacts an adoption entity in person or provides the adoption

744

entity with a mailing address, the entity must provide a written

745

disclosure statement to that person if the entity agrees or

746

continues to work with the such person. The If an adoption entity

747

shall also provide the written disclosure to the parent is

748

assisting in the effort to terminate the parental rights of a

749

parent who did not initiate the contact with the adoption entity,

750

the written disclosure must be provided within 14 days after that

751

parent is identified and located. For purposes of providing the

752

written disclosure, a person is considered to be seeking to place

753

a minor for adoption if when that person has sought information

754

or advice from the adoption entity regarding the option of

755

adoptive placement. The written disclosure statement must be in

756

substantially the following form:

757

758

ADOPTION DISCLOSURE

759

760

THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL

761

PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR

762

FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

763

ADOPTION UNDER FLORIDA LAW:

764

765

1.  The name, address, and telephone number of the adoption

766

entity providing this disclosure is:

767

Name:

768

Address:

769

Telephone Number:

770

771

2.  The adoption entity does not provide legal representation or

772

advice to birth parents or anyone signing a consent for adoption

773

or affidavit of nonpaternity, and birth parents have the right to

774

consult with an attorney of their own choosing to advise them.

775

3.  With the exception of an adoption by a stepparent or

776

relative, a child cannot be placed into a prospective adoptive

777

home unless the prospective adoptive parents have received a

778

favorable preliminary home study, including criminal and child

779

abuse clearances.

780

4.  A valid consent for adoption may not be signed by the birth

781

mother until 48 hours after the birth of the child, or the day

782

the birth mother is notified, in writing, that she is fit for

783

discharge from the licensed hospital or birth center. Any man A

784

putative father may sign a valid consent for adoption at any time

785

after the birth of the child.

786

5.  A consent for adoption signed before the child attains the

787

age of 6 months is binding and irrevocable from the moment it is

788

signed unless it can be proven in court that the consent was

789

obtained by fraud or duress. A consent for adoption signed after

790

the child attains the age of 6 months is valid from the moment it

791

is signed; however, it may be revoked until the child is placed

792

in an adoptive home, or up to 3 days after it was signed,

793

whichever period is longer.

794

6.  A consent for adoption is not valid if the signature of the

795

person who signed the consent was obtained by fraud or duress.

796

7. An unmarried biological father must act immediately in order

797

to protect his parental rights. Section 63.062, Florida Statutes,

798

prescribes that any father seeking to establish his right to

799

consent to the adoption of his child must file a claim of

800

paternity with the Florida Putative Father Registry maintained by

801

the Office of Vital Statistics of the Department of Health by the

802

date a petition to terminate parental rights is filed with the

803

court, or within 30 days after receiving service of a Notice of

804

Intended Adoption Plan. If he receives a Notice of Intended

805

Adoption Plan, he must file a claim of paternity with the Florida

806

Putative Father Registry, file a parenting plan with the court,

807

and provide financial support to the mother or child within 30

808

days following service. An unmarried biological father's failure

809

to timely respond to a Notice of Intended Adoption Plan

810

constitutes an irrevocable legal waiver of any and all rights

811

that the father may have to the child. A claim of paternity

812

registration form for the Florida Putative Father Registry may be

813

obtained from any local office of the Department of Health,

814

Office of Vital Statistics, the Department of Children and

815

Families, the Internet websites for these agencies, and the

816

offices of the clerks of the Florida circuit courts. The claim of

817

paternity form must be submitted to the Office of Vital

818

Statistics, Attention: Adoption Unit, P.O. Box 210, Jacksonville,

819

FL 32231.

820

8.7. There are alternatives to adoption, including foster care,

821

relative care, and parenting the child. There may be services and

822

sources of financial assistance in the community available to

823

birth parents if they choose to parent the child.

824

9.8. A birth parent has the right to have a witness of his or

825

her choice, who is unconnected with the adoption entity or the

826

adoptive parents, to be present and witness the signing of the

827

consent or affidavit of nonpaternity.

828

10.9. A birth parent 14 years of age or younger must have a

829

parent, legal guardian, or court-appointed guardian ad litem to

830

assist and advise the birth parent as to the adoption plan.

831

11.10. A birth parent has a right to receive supportive

832

counseling from a counselor, social worker, physician, clergy, or

833

attorney, and such counseling would be beneficial to the birth

834

parent.

835

12.11. The payment of living or medical expenses by the

836

prospective adoptive parents before prior to the birth of the

837

child does not, in any way, obligate the birth parent to sign the

838

consent for adoption.

839

     (2) DISCLOSURE TO ADOPTIVE PARENTS.--

840

     (a) At the time that an adoption entity is responsible for

841

selecting prospective adoptive parents for a born or unborn child

842

whose parents are seeking to place the child for adoption or

843

whose rights were terminated pursuant to chapter 39, the adoption

844

entity must provide the prospective adoptive parents with

845

information concerning the background of the child to the extent

846

such information is disclosed to the adoption entity by the

847

parents, legal custodian, or the department. This subsection

848

applies only if the adoption entity identifies the prospective

849

adoptive parents and supervises the physical placement of the

850

child in the prospective adoptive parents' home. If any

851

information cannot be disclosed because the records custodian

852

failed or refused to produce the background information, the

853

adoption entity has a duty to provide the information if it

854

becomes available. An individual or entity contacted by an

855

adoption entity to obtain the background information must release

856

the requested information to the adoption entity without the

857

necessity of a subpoena or a court order. In all cases, the

858

prospective adoptive parents must receive all available

859

information by the date of the final hearing on the petition for

860

adoption. The information to be disclosed includes:

861

     1. A family social and medical history form completed

862

pursuant to s. 63.162(6).

863

     2. The biological mother's medical records documenting her

864

prenatal care and the birth and delivery of the child.

865

     3. A complete set of the child's medical records

866

documenting all medical treatment and care since the child's

867

birth and before placement.

868

     4. All mental health, psychological, and psychiatric

869

records, reports, and evaluations concerning the child before

870

placement.

871

     5. The child's educational records, including all records

872

concerning any special education needs of the child before

873

placement.

874

     6. Records documenting all incidents that required the

875

department to provide services to the child, including all orders

876

of adjudication of dependency or termination of parental rights

877

issued pursuant to chapter 39, any case plans drafted to address

878

the child's needs, all protective services investigations

879

identifying the child as a victim, and all guardian ad litem

880

reports filed with the court concerning the child.

881

     7. Written information concerning the availability of

882

adoption subsidies for the child, if applicable.

883

     (b) When disclosing information pursuant to this

884

subsection, the adoption entity must redact any confidential

885

identifying information concerning the child's parents, foster

886

parents and their families, siblings, and relatives and

887

perpetrators of crimes against the child or involving the child.

888

     (3)(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity

889

must obtain a written statement acknowledging receipt of the

890

disclosures disclosure required under subsections subsection (1)

891

and (2) and signed by the persons receiving the disclosure or, if

892

it is not possible to obtain such an acknowledgment, the adoption

893

entity must execute an affidavit stating why an acknowledgment

894

could not be obtained. If the disclosure was delivered by

895

certified United States mail, return receipt requested, a return

896

receipt signed by the person from whom acknowledgment is required

897

is sufficient to meet the requirements of this subsection. A copy

898

of the acknowledgment of receipt of the disclosure must be

899

provided to the person signing it. A copy of the acknowledgment

900

or affidavit executed by the adoption entity in lieu of the

901

acknowledgment must be maintained in the file of the adoption

902

entity. The original acknowledgment or affidavit must be filed

903

with the court.

904

     (4)(3) REVOCATION OF CONSENT.--Failure to meet the

905

requirements of this section subsection (1) or subsection (2)

906

does not constitute grounds for revocation of a consent to

907

adoption or withdrawal of an affidavit of nonpaternity unless the

908

extent and circumstances of such a failure result in a material

909

failure of fundamental fairness in the administration of due

910

process, or the failure constitutes or contributes materially to

911

fraud or duress in obtaining a consent to adoption or affidavit

912

of nonpaternity.

913

     Section 12.  Subsections (2), (3), and (6) of section

914

63.087, Florida Statutes, are amended to read:

915

     63.087  Proceeding to terminate parental rights pending

916

adoption; general provisions.--

917

     (2)  VENUE.--

918

     (a)  A petition to terminate parental rights pending

919

adoption must be filed:

920

     1. In the county where the child resides; or

921

     2. If the child does not reside in the State of Florida, In

922

the county where the adoption entity is located;

923

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

924

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

925

where the adoption entity is located. The fact of the minor's

926

presence within the state confers jurisdiction on the court in

927

proceedings in the minor's case under this chapter, or to a

928

parent or guardian if due notice has been given.

929

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

930

been filed and a parent whose consent is required rights are to

931

be terminated objects to venue, there must be a hearing in which

932

the court shall determine whether that parent intends to assert

933

legally recognized grounds to contest a termination of parental

934

rights and, if so, the court may shall immediately transfer venue

935

to a proper venue under this subsection the county where that

936

parent resides or resided at the time of the execution of the

937

consent. For purposes of selecting venue, the court shall

938

consider the ease of access to the court for the parent and the

939

factors set forth in s. 47.122 who intends to contest a

940

termination of parental rights.

941

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

942

determine which party shall bear the cost of venue transfer.

943

944

For purposes of the hearing under this subsection, witnesses

945

located in another jurisdiction may testify by deposition or

946

testify by telephone, audiovisual means, or other electronic

947

means before a designated court or at another location.

948

Documentary evidence transmitted from another location by

949

technological means that do not produce an original writing may

950

not be excluded from evidence on an objection based on the means

951

of transmission. The court on its own motion may otherwise

952

prescribe the manner in which and the terms upon which the

953

testimony is taken.

954

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

955

not be filed until after the date the court enters the judgment

956

terminating parental rights pending adoption under this chapter

957

or under chapter 39. Adoptions of relatives, adult adoptions, or

958

adoptions of stepchildren are shall not be required to file a

959

separate termination of parental rights proceeding pending

960

adoption. In such cases, the petitioner may file a joint petition

961

for termination of parental rights and adoption, attaching all

962

required consents, affidavits, notices, and acknowledgments shall

963

be attached to the petition for adoption or filed separately in

964

the adoption proceeding. Unless otherwise provided by law, this

965

chapter applies to joint petitions.

966

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

967

petition or any pleading requiring an answer must shall be filed

968

in accordance with the Florida Family Law Rules of Civil

969

Procedure. Failure to file a written response or to appear at the

970

hearing on the petition constitutes grounds upon which the court

971

may terminate parental rights. Failure to appear at the hearing

972

constitutes grounds upon which the court may terminate parental

973

rights. The petitioner shall provide notice of the final hearing

974

by United States mail to any person who has been served with the

975

summons and petition for termination of parental rights within

976

the specified time periods. Notwithstanding the filing of any

977

answer or any pleading, Any person present at the hearing to

978

terminate parental rights pending adoption whose consent to

979

adoption is required under s. 63.062 must:

980

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

981

ask that the hearing be reset for a later date so that the person

982

may consult with an attorney; and

983

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

984

allegations in the petition.

985

     Section 13.  Subsections (1), (3), (4), and (5) of section

986

63.088, Florida Statutes, are amended to read:

987

     63.088  Proceeding to terminate parental rights pending

988

adoption; notice and service; diligent search.--

989

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

990

virtue of the fact that he has engaged in a sexual relationship

991

with a woman, is deemed to be on notice that a pregnancy and an

992

adoption proceeding regarding that child may occur and that he

993

has a duty to protect his own rights and interest. He is,

994

therefore, entitled to notice of a birth or adoption proceeding

995

with regard to that child only as provided in this chapter. If a

996

mother fails to identify an unmarried biological father to the

997

adoption entity by the date she signs her consent for adoption,

998

the unmarried biological father's claim that he did not receive

999

actual notice of the adoption proceeding is not a defense to the

1000

termination of his parental rights.

1001

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

1002

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

1003

to the other requirements set forth in this chapter, each person

1004

whose consent is required under s. 63.062, who has not executed a

1005

consent for adoption or an affidavit of nonpaternity, and whose

1006

location and identity have been determined by compliance with the

1007

procedures in this section must be personally served, pursuant to

1008

chapter 48, at least 20 days before the hearing with a copy of

1009

the petition to terminate parental rights pending adoption and

1010

with notice in substantially the following form:

1011

1012

NOTICE OF PETITION AND HEARING

1013

TO TERMINATE PARENTAL RIGHTS

1014

PENDING ADOPTION

1015

1016

A petition to terminate parental rights pending adoption has been

1017

filed. A copy of the petition is being served with this notice.

1018

There will be a hearing on the petition to terminate parental

1019

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

1020

(judge)   at   (location, including complete name and street

1021

address of the courthouse)  . The court has set aside   (amount

1022

of time)   for this hearing.

1023

1024

UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A

1025

WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT

1026

AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH

1027

THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT

1028

REGARDING THE MINOR CHILD.

1029

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

1030

63.087, the court shall must conduct an inquiry of the person who

1031

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

1032

having legal custody of the minor who is present at the hearing

1033

and likely to have the following information regarding the

1034

identity of:

1035

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

1036

at any time when conception of the minor may have occurred or at

1037

the time of the birth of the minor;

1038

     (b) Any man who has filed an affidavit of paternity

1039

pursuant to s. 382.013(2)(c) before the date that a petition for

1040

termination of parental rights is filed with the court person who

1041

has been declared by a court to be the father of the minor;

1042

     (c)  Any man who has adopted the minor;

1043

     (d) Any man who has been adjudicated by a court as the

1044

father of the minor child before the date a petition for

1045

termination of parental rights is filed with the court with whom

1046

the mother was cohabiting at any time when conception of the

1047

minor may have occurred; and

1048

     (e) Any man whom the mother identified to the adoption

1049

entity as a potential biological father before the date she

1050

signed the consent for adoption person who has acknowledged or

1051

claimed paternity of the minor.

1052

1053

The information sought required under this subsection may be

1054

provided to the court in the form of a sworn affidavit by a

1055

person having personal knowledge of the facts, addressing each

1056

inquiry enumerated in this subsection, except that, if the

1057

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

1058

or paragraph (c), the inquiry may shall not continue further. The

1059

inquiry required under this subsection may be conducted before

1060

the birth of the minor.

1061

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

1062

the court under subsection (4) identifies any person whose

1063

consent to adoption is required under s. 63.062 and who has not

1064

executed a consent to adoption or an affidavit of nonpaternity,

1065

and the location of the person from whom consent is required is

1066

unknown, the adoption entity must conduct a diligent search for

1067

that person which must include inquiries concerning:

1068

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

1069

through an inquiry of the United States Postal Service through

1070

the Freedom of Information Act;

1071

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

1072

name and address of the person's employer;

1073

     (c) Regulatory agencies, including those regulating

1074

licensing in the area where the person last resided;

1075

     (c)(d) Names and addresses of relatives to the extent they

1076

such can be reasonably obtained from the petitioner or other

1077

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

1078

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

1079

leads to of any addresses where to which the person may have

1080

moved;

1081

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

1082

died and, if so, the date and location;

1083

     (e)(f) Telephone listings in the area where the person last

1084

resided;

1085

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

1086

where the person last resided;

1087

     (g)(h) Highway patrol records in the state where the person

1088

last resided;

1089

     (h)(i) Department of Corrections records in the state where

1090

the person last resided;

1091

     (i)(j) Hospitals in the area where the person last resided;

1092

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

1093

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

1094

where the person last resided;

1095

     (k)(l) Records of the Armed Forces of the United States as

1096

to whether there is any information as to the person;

1097

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

1098

area where the person last resided; and

1099

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

1100

1101

A person contacted by a petitioner or adoption entity requesting

1102

records under this subsection must release the requested records

1103

to the petitioner or adoption entity without the necessity of a

1104

subpoena or a court order, except when prohibited by law. An

1105

affidavit of diligent search conducted in accordance with this

1106

section executed by the petitioner and the adoption entity must

1107

be filed with the court confirming completion of each aspect of

1108

the diligent search enumerated in this subsection and specifying

1109

the results. The diligent search required under this subsection

1110

may be conducted before the birth of the minor. A judgment

1111

terminating parental rights and approving a diligent search that

1112

fails to locate a person is valid and is not subject to direct or

1113

collateral attack because the mother failed or refused to provide

1114

the adoption entity with sufficient information to locate the

1115

person.

1116

     Section 14.  Subsections (2), (3), (4), and (6), paragraph

1117

(a) of subsection (7), and subsection (8) of section 63.089,

1118

Florida Statutes, are amended to read:

1119

     63.089  Proceeding to terminate parental rights pending

1120

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

1121

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

1122

only when:

1123

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

1124

under s. 63.062:

1125

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

1126

with the court;

1127

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

1128

executed and filed with the court;

1129

     3.  Notice has been provided under ss. 63.087 and 63.088; or

1130

     4.  The certificate from the Office of Vital Statistics has

1131

been provided to the court stating that a diligent search has

1132

been made of the Florida Putative Father Registry created in s.

1133

63.054 and that no filing has been found pertaining to the father

1134

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

1135

name of the putative father and the time and date of the filing.

1136

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

1137

ss. 63.087 and 63.088:

1138

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

1139

service and an affidavit of service has been filed with the

1140

court;

1141

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

1142

publication of constructive service and an affidavit of service

1143

has been filed with the court; or

1144

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

1145

other document that which affirmatively waives service has been

1146

executed and filed with the court.;

1147

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

1148

     (d)  The petition contains all information required under s.

1149

63.087 and all affidavits of inquiry, diligent search, and

1150

service required under s. 63.088 have been obtained and filed

1151

with the court.

1152

     (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

1153

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

1154

rights pending adoption if the court determines by clear and

1155

convincing evidence, supported by written findings of fact, that

1156

each person whose consent to adoption is required under s.

1157

63.062:

1158

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

1159

consent was obtained according to the requirements of this

1160

chapter;

1161

     (b)  Has executed an affidavit of nonpaternity and the

1162

affidavit was obtained according to the requirements of this

1163

chapter;

1164

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

1165

plan in accordance with the provisions of s. 63.062(3) and has

1166

failed to respond within the designated time period;

1167

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

1168

accordance with the requirements of this chapter and has failed

1169

to file a written answer or appear at the evidentiary hearing

1170

resulting in the judgment terminating parental rights pending

1171

adoption;

1172

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

1173

accordance with the requirements of this chapter and has been

1174

determined under subsection (4) to have abandoned the minor as

1175

defined in s. 63.032;

1176

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

1177

has been judicially declared incapacitated with restoration of

1178

competency found to be medically improbable;

1179

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

1180

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

1181

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

1182

after examination of his or her written reasons for withholding

1183

consent, is found by the court to be withholding his or her

1184

consent unreasonably;

1185

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

1186

accordance with the requirements of this chapter, but has been

1187

found by the court, after examining written reasons for the

1188

withholding of consent, to be unreasonably withholding his or her

1189

consent; or

1190

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

1191

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

1192

the adoption is excused by reason of prolonged and unexplained

1193

absence, unavailability, incapacity, or circumstances that are

1194

found by the court to constitute unreasonable withholding of

1195

consent.

1196

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

1197

resulting in a termination of parental rights must be based upon

1198

clear and convincing evidence that a parent or person having

1199

legal custody has abandoned the child in accordance with the

1200

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

1201

abandonment may also be based upon emotional abuse or a refusal

1202

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

1203

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

1204

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

1205

to support and communicate with the child are only marginal

1206

efforts that do not evince a settled purpose to assume all

1207

parental duties, the court may declare the child to be abandoned.

1208

In making this decision, the court may consider the conduct of a

1209

father toward the child's mother during her pregnancy.

1210

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

1211

for termination of parental rights under pursuant to this

1212

chapter, the court shall must consider, among other relevant

1213

factors not inconsistent with this section:

1214

     1.  Whether the actions alleged to constitute abandonment

1215

demonstrate a willful disregard for the safety or welfare of the

1216

child or the unborn child;

1217

     2.  Whether the person alleged to have abandoned the child,

1218

while being able, failed to provide financial support;

1219

     3.  Whether the person alleged to have abandoned the child,

1220

while being able, failed to pay for medical treatment; and

1221

     4.  Whether the amount of support provided or medical

1222

expenses paid was appropriate, taking into consideration the

1223

needs of the child and relative means and resources available to

1224

the person alleged to have abandoned the child.

1225

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

1226

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

1227

or county federal correctional institution and:

1228

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

1229

expected to be incarcerated will constitute a significant

1230

substantial portion of the child's minority. In determining

1231

whether the period of time is significant, the court shall

1232

consider the child's age and the child's need for a permanent and

1233

stable home. The period of time begins on the date that the

1234

parent enters into incarceration period of time before the child

1235

will attain the age of 18 years;

1236

     2. The incarcerated parent has been determined by a the

1237

court of competent jurisdiction to be a violent career criminal

1238

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

1239

defined in s. 775.084, convicted of child abuse as defined in s.

1240

827.03, or a sexual predator as defined in s. 775.21; has been

1241

convicted of first degree or second degree murder in violation of

1242

s. 782.04 or a sexual battery that constitutes a capital, life,

1243

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

1244

convicted of a substantially similar an offense in another

1245

jurisdiction which is substantially similar to one of the

1246

offenses listed in this subparagraph. As used in this section,

1247

the term "substantially similar offense" means any offense that

1248

is substantially similar in elements and penalties to one of

1249

those listed in this subparagraph, and that is in violation of a

1250

law of any other jurisdiction, whether that of another state, the

1251

District of Columbia, the United States or any possession or

1252

territory thereof, or any foreign jurisdiction; or

1253

     3.  The court determines by clear and convincing evidence

1254

that continuing the parental relationship with the incarcerated

1255

parent would be harmful to the child and, for this reason, that

1256

termination of the parental rights of the incarcerated parent is

1257

in the best interest of the child.

1258

     (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

1259

ADOPTION.--

1260

     (a)  The judgment terminating parental rights pending

1261

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

1262

the grounds for terminating parental rights pending adoption.

1263

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

1264

of the judgment to the department. The clerk shall execute a

1265

certificate of the such mailing.

1266

     (c) The judgment terminating parental rights pending

1267

adoption legally frees the child for subsequent adoption,

1268

adjudicates the child's status, and may not be challenged by a

1269

person claiming parental status who did not establish parental

1270

rights before the filing of the petition for termination, except

1271

as specifically provided in this chapter.

1272

     (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--

1273

     (a)  A motion for relief from a judgment terminating

1274

parental rights must be filed with the court originally entering

1275

the judgment. The motion must be filed within a reasonable time,

1276

but not later than 1 year after the entry of the judgment

1277

terminating parental rights. An unmarried biological father does

1278

not have standing to seek relief from a judgment terminating

1279

parental rights if the mother did not identify him to the

1280

adoption entity before the date she signed a consent for adoption

1281

or if he was not located because the mother failed or refused to

1282

provide sufficient information to locate him.

1283

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

1284

records pertaining to a petition to terminate parental rights

1285

pending adoption are related to the subsequent adoption of the

1286

minor and are subject to the provisions of s. 63.162. An

1287

unmarried biological father does not have standing to seek the

1288

court case number or access the court file if the mother did not

1289

identify him to the adoption entity before the date she signed

1290

the consent for adoption. The confidentiality provisions of this

1291

chapter do not apply to the extent information regarding persons

1292

or proceedings is must be made available as specified under s.

1293

63.088.

1294

     Section 15.  Subsection (1) of section 63.092, Florida

1295

Statutes, is amended to read:

1296

     63.092  Report to the court of intended placement by an

1297

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

1298

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

1299

any intended placement of a minor for adoption with any person

1300

who is not a relative or a stepparent if the adoption entity has

1301

knowledge of, or participates in the, such intended placement.

1302

The report must be made to the court before the minor is placed

1303

in the home or within 2 business days 48 hours thereafter.

1304

     Section 16.  Subsections (1) and (2) of section 63.102,

1305

Florida Statutes, are amended to read:

1306

     63.102  Filing of petition for adoption or declaratory

1307

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

1308

     (1)  PETITION FOR ADOPTION.--A petition for adoption may not

1309

be filed until after the entry of the judgment or decree

1310

terminating parental rights pending adoption under this chapter,

1311

unless the adoptee is an adult or, the petitioner is a stepparent

1312

or a relative, or the minor has been the subject of a judgment

1313

terminating parental rights under chapter 39. After a judgment

1314

terminating parental rights has been entered, a proceeding for

1315

adoption may be commenced by filing a petition entitled, "In the

1316

Matter of the Adoption of _____" in the circuit court. The person

1317

to be adopted shall be designated in the caption in the name by

1318

which he or she is to be known if the petition is granted. Except

1319

for a joint petition for the adoption of a stepchild, a relative,

1320

or an adult, any name by which the minor was previously known may

1321

not be disclosed in the petition, the notice of hearing, or the

1322

judgment of adoption, or the court docket as provided in s.

1323

63.162(3).

1324

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

1325

statement as to the adoption contract must shall be filed in the

1326

county where the petition for termination of parental rights was

1327

filed or granted, unless the court, in accordance with s. 47.122,

1328

changes the venue to the county where the petitioner or

1329

petitioners or the minor resides or where the adoption entity

1330

with which the minor has been placed is located. The circuit

1331

court in this state shall must retain jurisdiction over the

1332

matter until a final judgment is entered on the adoption, either

1333

within or outside the state. The Uniform Child Custody

1334

Jurisdiction and Enforcement Act does not apply until a final

1335

judgment is entered on the adoption.

1336

     Section 17.  Subsection (3) of section 63.122, Florida

1337

Statutes, is amended to read:

1338

     63.122  Notice of hearing on petition.--

1339

     (3) Upon a showing by the petitioner or parent that the

1340

privacy, safety, or and welfare of the petitioner, parent, or

1341

minor may be endangered, the court may order that the names of

1342

the petitioner, parent, or minor, or all both, to be deleted from

1343

the notice of hearing and from the copy of the petition attached

1344

thereto if, provided the substantive rights of any person are

1345

will not thereby be affected.

1346

     Section 18.  Subsection (4) of section 63.132, Florida

1347

Statutes, is amended to read:

1348

     63.132  Affidavit of expenses and receipts.--

1349

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

1350

stepparent or an adoption of a relative or adult, the

1351

finalization of an adoption of a minor if the parental rights

1352

were terminated under chapter 39, or the domestication of an

1353

adoption decree of a minor child adopted in a foreign country.

1354

     Section 19.  Section 63.135, Florida Statutes, is amended to

1355

read:

1356

     63.135 Information under oath to be submitted to the

1357

court.--

1358

     (1) The adoption entity or petitioner must file an

1359

affidavit under the Uniform Child Custody Jurisdiction and

1360

Enforcement Act in the termination of parental rights Each party

1361

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

1362

affidavit attached to that pleading, shall give information under

1363

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

1364

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

1365

present addresses of the persons with whom the child has lived

1366

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

1367

further declare under oath whether:

1368

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

1369

any other capacity in any other litigation concerning the custody

1370

of the same child in this or any other state;

1371

     (b) The party has information of any custody proceeding

1372

concerning the child pending in a court of this or any other

1373

state; and

1374

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

1375

proceedings who has physical custody of the child or claims to

1376

have custody or visitation rights with respect to the child.

1377

     (2) If the declaration as to any item specified in

1378

subsection (1) is in the affirmative, the declarant shall give

1379

additional information under oath as required by the court. The

1380

court may examine the parties under oath about details of the

1381

information furnished and other matters pertinent to the court's

1382

jurisdiction and judgment of adoption.

1383

     (2)(3) Each party has a continuing duty to inform the court

1384

of any custody proceeding concerning the child in this or any

1385

other state about which he or she obtained information during

1386

this proceeding.

1387

     Section 20.  Subsections (3) and (4) of section 63.142,

1388

Florida Statutes, are amended to read:

1389

     63.142  Hearing; judgment of adoption.--

1390

     (3)  DISMISSAL.--

1391

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

1392

any, regarding the minor must be brought in a separate custody

1393

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

1394

a paternity action under chapter 742 the court shall determine

1395

the person that is to have custody of the minor.

1396

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

1397

with specificity the reasons for the dismissal.

1398

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

1399

court determines that the date for a parent to file an appeal of

1400

a valid judgment terminating that parent's parental rights has

1401

passed and no appeal, pursuant to the Florida Rules of Appellate

1402

Procedure, is pending and that the adoption is in the best

1403

interest of the person to be adopted, a judgment of adoption

1404

shall be entered. A judgment terminating parental rights pending

1405

adoption is voidable and any later judgment of adoption of that

1406

minor is voidable if, upon a parent's motion for relief from

1407

judgment, the court finds that the adoption substantially fails

1408

to meet the requirements of this chapter. The motion must be

1409

filed within a reasonable time, but not later than 1 year after

1410

the date the judgment terminating parental rights was entered.

1411

     Section 21.  Section 63.192, Florida Statutes, is amended to

1412

read:

1413

     63.192 Recognition of foreign judgment or decree affecting

1414

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

1415

parent and child or establishing the relationship by adoption, or

1416

a decree granting legal guardianship for purposes of adoption,

1417

issued pursuant to due process of law by a court or authorized

1418

body of any other jurisdiction within or without the United

1419

States shall be recognized in this state, and the rights and

1420

obligations of the parties on matters within the jurisdiction of

1421

this state shall be determined as though the judgment or decree

1422

were issued by a court of this state. A judgment or decree of a

1423

court or authorized body terminating the relationship of a parent

1424

and child, whether independent, incorporated in an adoption

1425

decree, or incorporated in a legal guardianship order issued

1426

pursuant to due process of law of any other jurisdiction within

1427

or without the United States, shall be deemed to effectively

1428

terminate parental rights for purposes of a proceeding on a

1429

petition for adoption in this state. If a minor child has been

1430

made available for adoption in a foreign state or foreign country

1431

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

1432

terminated or the child has been declared to be abandoned or

1433

orphaned, no additional termination of parental rights proceeding

1434

need occur, and the adoption may be finalized according to the

1435

procedures set forth in this chapter.

1436

     Section 22.  Subsection (2) of section 63.212, Florida

1437

Statutes, is amended to read:

1438

     63.212  Prohibited acts; penalties for violation.--

1439

     (2)(a) It is unlawful for:

1440

     (a) Any person or adoption entity under this chapter to:

1441

     1.  Knowingly provide false information; or

1442

     2.  Knowingly withhold material information.

1443

     (b) It is unlawful for A parent, with the intent to

1444

defraud, to accept benefits related to the same pregnancy from

1445

more than one adoption entity without disclosing that fact to

1446

each entity.

1447

     (c) It is unlawful for any person who knows that the parent

1448

whose rights are to be terminated intends to object to said

1449

termination to intentionally file the petition for termination of

1450

parental rights in a county inconsistent with the required venue

1451

under such circumstances.

1452

1453

Any person who willfully violates any provision of this

1454

subsection commits a misdemeanor of the second degree, punishable

1455

as provided in s. 775.082 or s. 775.083. In addition, the such

1456

person is liable for damages caused by such acts or omissions,

1457

including reasonable attorney's fees and costs. Damages may be

1458

awarded through restitution in any related criminal prosecution

1459

or by filing a separate civil action.

1460

     Section 23.  Section 63.236, Florida Statutes, is created to

1461

read:

1462

     63.236 Petitions filed before July 1, 2009; governing

1463

law.--A petition for termination of parental rights filed before

1464

July 1, 2009, is governed by the law in effect at the time the

1465

petition was filed.

1466

     Section 24.  Section 742.021, Florida Statutes, is amended

1467

to read:

1468

     742.021  Venue, process, complaint.--

1469

     (1) The proceedings must shall be in the circuit court of

1470

the county where the plaintiff resides or of the county where the

1471

defendant resides.

1472

     (2) The complaint shall assert aver sufficient facts

1473

charging the paternity of the child. Upon filing of a complaint

1474

seeking to determine paternity, the clerk of court shall issue a

1475

notice to each petitioner and to each respondent or defendant

1476

along with service of the petition. The notice must be in

1477

substantially the following form:

1478

1479

In order to preserve the right to notice and consent to

1480

the adoption of the child, an unmarried biological

1481

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

1482

claim of paternity form with the Florida Putative

1483

Father Registry maintained by the Office of Vital

1484

Statistics of the Department of Health which includes

1485

confirmation of his willingness and intent to support

1486

the child for whom paternity is claimed in accordance

1487

with state law. The claim of paternity may be filed at

1488

any time before the child's birth, but a claim of

1489

paternity may not be filed after the date a petition is

1490

filed for termination of parental rights.

1491

1492

     (3) Process served on directed to the defendant must

1493

require shall issue forthwith requiring the defendant to file

1494

written defenses to the complaint in the same manner as suits in

1495

chancery. Upon application and proof under oath, the court may

1496

issue a writ of ne exeat against the defendant on such terms and

1497

conditions and conditioned upon bond in such amount as the court

1498

may determine.

1499

     Section 25.  Subsection (1) of section 742.10, Florida

1500

Statutes, is amended to read:

1501

     742.10  Establishment of paternity for children born out of

1502

wedlock.--

1503

     (1) Except as provided in chapters 39 and 63, this chapter

1504

provides the primary jurisdiction and procedures for the

1505

determination of paternity for children born out of wedlock. If

1506

When the establishment of paternity has been raised and

1507

determined within an adjudicatory hearing brought under the

1508

statutes governing inheritance, or dependency under workers'

1509

compensation or similar compensation programs; if, or when an

1510

affidavit acknowledging paternity or a stipulation of paternity

1511

is executed by both parties and filed with the clerk of the

1512

court; if, or when an affidavit, a notarized voluntary

1513

acknowledgment of paternity, or a voluntary acknowledgment of

1514

paternity that is witnessed by two individuals and signed under

1515

penalty of perjury as provided for in s. 382.013 or s. 382.016 is

1516

executed by both parties;, or if when paternity is adjudicated by

1517

the Department of Revenue as provided in s. 409.256, such

1518

adjudication, affidavit, or acknowledgment constitutes the

1519

establishment of paternity for purposes of this chapter. If an no

1520

adjudicatory proceeding was not held, a notarized voluntary

1521

acknowledgment of paternity or voluntary acknowledgment of

1522

paternity, which that is witnessed by two individuals and signed

1523

under penalty of perjury as specified by s. 92.525(2), creates

1524

shall create a rebuttable presumption, as defined by s. 90.304,

1525

of paternity and is subject to the right of any signatory to

1526

rescind the acknowledgment within 60 days after the date the

1527

acknowledgment was signed or the date of an administrative or

1528

judicial proceeding relating to the child, including a proceeding

1529

to establish a support order, in which the signatory is a party,

1530

whichever is earlier. Both parents must provide their social

1531

security numbers on any acknowledgment of paternity, consent

1532

affidavit, or stipulation of paternity. Except for affidavits

1533

under seal pursuant to ss. 382.015 and 382.016, the Office of

1534

Vital Statistics shall provide certified copies of affidavits to

1535

the Title IV-D agency upon request.

1536

     Section 26.  This act shall take effect July 1, 2008.