Florida Senate - 2008 (Reformatted) SB 200
By Senator Rich
34-00238-08 2008200__
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A bill to be entitled
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An act relating to adoption; amending s. 63.042, F.S.;
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providing that a person who is a homosexual is eligible to
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adopt a child under certain enumerated circumstances;
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requiring that certain eligibility criteria be met by
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clear and convincing evidence; providing that a person who
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is a homosexual is eligible to adopt a child if the
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child's parents are deceased, the person proposing to
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adopt the child is the guardian of the child, and certain
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additional specified conditions have been met; providing
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that certain provisions of the act apply only with respect
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to a petition, declaration, or will or codicil that is
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filed or executed on or after a certain date; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 63.042, Florida
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Statutes, is amended to read:
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63.042 Who may be adopted; who may adopt.--
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(3)(a) A No person is not eligible to adopt under this
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section statute may adopt if that person is a homosexual, except
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as provided in paragraph (b) or paragraph (c).
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(b) A person who is a homosexual is eligible to adopt if a
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court finds, by clear and convincing evidence, that:
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1. The child has resided with the person proposing to adopt
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the child;
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2. The child recognizes the person proposing to adopt the
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child as the child's parent; and
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3. The best interest of the child will be served by
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approving the adoption. In determining the best interest of the
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child, the court shall consider whether granting the child
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permanency in the home of the person proposing to adopt the child
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is more beneficial to the child's developmental and psychological
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needs than maintaining the child in temporary placement.
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(c) A person who is a homosexual is eligible to adopt if
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both parents of the child are deceased and the person proposing
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to adopt the child is the guardian of the person of the minor as
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a result of:
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1. A petition that has been filed by the parent or parents
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under s. 744.304, that names the person proposing to adopt the
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child as the guardian of the person of the minor, and that
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expresses the intent that the guardian be eligible to adopt the
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child;
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2. A declaration that has been made by both parents or the
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last surviving parent, that meets the requirements of s.
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744.3046, that names the person proposing to adopt the child as
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the guardian of the person of the minor, and that expresses the
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intent that the guardian be eligible to adopt the child; or
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3. A designation in the last surviving parent's will which
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names the person proposing to adopt the child as the guardian of
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the person of the minor and expresses the intent that the
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guardian be eligible to adopt the child.
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An expression of intent that the person proposing to adopt the
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child be eligible to adopt the child as required under this
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paragraph must exist in order for this exception to apply.
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(d) The exceptions provided in paragraph (c) apply only to:
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1. A petition that is filed under s. 744.304 by the parent
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or parents of the minor on or after July 1, 2008, that names the
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person proposing to adopt the child as the guardian of the person
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of the minor, and that expresses the intent that the guardian be
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eligible to adopt the child;
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2. A declaration that is filed with the clerk of the court
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on or after July 1, 2008, by both parents or the last surviving
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parent, that meets the requirements of s. 744.3046, that names
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the person proposing to adopt the child as the guardian of the
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person of the minor, and that expresses the intent that the
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guardian be eligible to adopt the child; or
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3. A will or codicil that is executed on or after July 1,
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2008, that names the person proposing to adopt the child as the
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guardian of the person of the minor, and that expresses the
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intent that the guardian be eligible to adopt the child.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.