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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.