CS/HB 663

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	specifying applicability of exemptions from disclosure
11	requirements for adoption entities under certain
12	circumstances; amending s. 63.039, F.S.; requiring an
13	adoption entity to provide adoption disclosure statements
14	to persons whose consent is required for adoption;
15	requiring attorney's fees and costs in certain actions to
16	be awarded pursuant to the Florida Rules of Civil
17	Procedures; amending s. 63.0425, F.S.; clarifying a
18	grandparent's right to notice; amending s. 63.054, F.S.;
19	providing that an unmarried biological father who fails to
20	register with the Florida Putative Father Registry before
21	the filing of a petition for termination of parental
22	rights may not file a paternity claim under ch. 742, F.S.;
23	providing an exception from the time limitations for
24	filing a paternity claim; providing that if a registrant
25	fails to report a change of address, the adoption entity
26	or adoption petitioner is not obligated to search further
27	for the registrant; requiring a petitioner in a proceeding
28	in which parental rights are terminated simultaneously
29	with entry of final judgment of adoption to contact the
30	Office of Vital Statistics for a search of the registry;
31	providing procedures for searching the registry when
32	termination of parental rights and an adoption proceeding
33	are adjudicated separately; amending s. 63.062, F.S.;
34	revising criteria for serving notice of terminating
35	parental rights to the father of a minor; revising
36	procedures for serving notice of intended adoption plan;
37	providing criteria for avoiding default on providing
38	consent to adoption; providing for the proper venue to
39	file a petition to terminate parental rights; amending s.
40	63.063, F.S.; revising the standard for compliance with
41	laws relating to adoption; amending s. 63.082, F.S.;
42	revising the notice and consent requirements to adoption
43	to also exclude cases involving sexual activity with
44	certain minors; revising consent requirements that apply
45	to men; limiting the time period for revoking consent to
46	adopt a child older than 6 months of age to 3 business
47	days; revising requirements for withdrawing a consent for
48	adoption; amending s. 63.085, F.S.; revising requirements
49	for required disclosures by an adoption entity; requiring
50	that background information concerning the child be
51	revealed to prospective adoptive parents; amending s.
52	63.087, F.S.; revising procedures for terminating parental
53	rights pending an adoption; providing the proper venue in
54	which to file a petition to terminate parental rights;
55	providing for joint petitions for termination of parental
56	rights and adoption; providing that failure to appear at
57	certain hearings constitutes grounds for termination of
58	parental rights; removing a provision relating to the
59	procedure for notifying a petitioner of a final hearing;
60	amending s. 63.088, F.S.; providing that a mother's
61	failure to identify an unmarried biological father is not
62	a defense to a termination of parental rights; revising
63	information relating to a court's inquiry about the father
64	of the child who is to be adopted; requiring persons
65	contacted by a petitioner or adoption entity to release
66	certain records; providing that a judgment approving a
67	diligent search is not subject to direct or collateral
68	attack; amending s. 63.089, F.S.; revising provisions
69	relating to service of notice and petition regarding
70	termination of parental rights and consent to adoption;
71	revising conditions for making a finding of abandonment;
72	prohibiting a person who failed to establish parental
73	rights from challenging a judgment terminating parental
74	rights under certain circumstances; amending s. 63.092,
75	F.S.; revising the conditions and timeframe for an
76	adoption entity to report to the court the intent to place
77	a minor for adoption; amending s. 63.102, F.S.; revising
78	procedures for the filing of a petition for adoption;
79	providing the proper venue where the petition may be
80	filed; amending s. 63.122, F.S.; revising whose name may
81	be removed from a petition under certain circumstances;
82	amending s. 63.132, F.S.; providing additional exceptions
83	to the requirement that the adoptive parent and the
84	adoption entity file an affidavit itemizing all expenses
85	and receipts; amending s. 63.135, F.S.; requiring the
86	adoption entity or petitioner to file an affidavit under
87	the Uniform Child Custody Jurisdiction and Enforcement Act
88	in a termination of parental rights proceeding; deleting
89	information required to be submitted under oath to the
90	court; amending s. 63.142, F.S.; requiring that if an
91	adoption petition is dismissed, any further proceedings
92	regarding the minor be brought in a separate custody
93	action under ch. 61, F.S., a dependency action under ch.
94	39, F.S., or a paternity action under ch. 742, F.S.;
95	revising conditions under which a judgment terminating
96	parental rights is voidable; amending s. 63.192, F.S.;
97	requiring the courts of this state to recognize decrees of
98	termination of parental rights and adoptions from other
99	states and countries; amending s. 63.212, F.S.; revising
100	acts that are unlawful pertaining to adoptions; creating
101	s. 63.236, F.S.; providing that a petition for termination
102	of parental rights filed before the effective date of the
103	act is governed by the law in effect at the time the
104	petition was filed; amending s. 742.021, F.S.; requiring
105	the clerk of court to issue certain notice in cases of
106	complaints concerning determination of paternity; amending
107	s. 742.10, F.S.; providing applicability of chs. 39 and
108	63, F.S., to jurisdiction and procedures for determination
109	of paternity for children born out of wedlock; providing
110	an effective date.
111
112	Be It Enacted by the Legislature of the State of Florida:
113
114	Section 1.  Subsection (5) of section 39.812, Florida
115	Statutes, is amended to read:
116	39.812  Postdisposition relief; petition for adoption.--
117	(5)  The petition for adoption must be filed in the
118	division of the circuit court which entered the judgment
119	terminating parental rights, unless a motion for change of venue
120	is granted pursuant to s. 47.122. A copy of the consent executed
121	by the department as required under s. 63.062(7) must be
122	attached to the petition, unless waived pursuant to s. 63.062(7)
123	the court determines that such consent is being unreasonably
124	withheld and provided that the petitioner has filed with the
125	court a favorable preliminary adoptive home study performed by a
126	licensed child-placing agency, a child-caring agency registered
127	under s. 409.176, or a licensed professional or agency described
128	in s. 61.20(2). The petition must be accompanied by a statement,
129	signed by the prospective adoptive parents, acknowledging
130	receipt of all information required to be disclosed under s.
131	63.085 and a form provided by the department which details the
132	social and medical history of the child and each parent and
133	includes the social security number and date of birth for each
134	parent, if such information is available or readily obtainable.
135	The prospective adoptive parents person seeking to adopt the
136	child may not file a petition for adoption until the judgment
137	terminating parental rights becomes final. An adoption
138	proceeding under this subsection is governed by chapter 63, as
139	limited under s. 63.037.
140	Section 2.  Subsection (13) of section 49.011, Florida
141	Statutes, is amended to read:
142	49.011  Service of process by publication; cases in which
143	allowed.--Service of process by publication may be made in any
144	court on any party identified in s. 49.021 in any action or
145	proceeding:
146	(13)  For termination of parental rights pursuant to part
147	IX of chapter 39 or chapter 63.
148	Section 3.  Subsections (4) through (20) of section 63.032,
149	Florida Statutes, are amended to read:
150	63.032  Definitions.--As used in this chapter, the term:
151	(4)(20)  "Adoption plan" means an arrangement arrangements
152	made by a birth parent or other individual having a legal right
153	to custody of a minor child, born or to be born, with an
154	adoption entity in furtherance of placing the placement of the
155	minor for adoption.
156	(5)(4)  "Adult" means a person who is not a minor.
157	(6)(5)  "Agency" means any child-placing agency licensed by
158	the department pursuant to s. 63.202 to place minors for
159	adoption.
160	(7)(6)  "Child" means any unmarried person under the age of
161	18 years who has not been emancipated by court order a son or
162	daughter, whether by birth or adoption.
163	(8)(7)  "Court" means a any circuit court of this state
164	and, if when the context requires, the court of any state that
165	is empowered to grant petitions for adoption.
166	(9)(8)  "Department" means the Department of Children and
167	Family Services.
168	(10)(9)  "Intermediary" means an attorney who is licensed
169	or authorized to practice in this state and who is placing or
170	intends to place a child for adoption, including placing
171	children born in another state with citizens of this state or
172	country or placing children born in this state with citizens of
173	another state or country.
174	(11)(10)  "Legal custody" has the meaning ascribed in s.
175	39.01.
176	(11)  "Minor" means a person under the age of 18 years.
177	(12)  "Parent" means a woman who gives birth to a child or
178	a man whose consent to the adoption of the child would be
179	required under s. 63.062(1). If a child has been legally
180	adopted, the term "parent" means the adoptive mother or father
181	of the child. The term does not include an individual whose
182	parental relationship to the child has been legally terminated
183	or an alleged or prospective parent has the same meaning
184	ascribed in s. 39.01.
185	(13)  "Person" includes a natural person, corporation,
186	government or governmental subdivision or agency, business
187	trust, estate, trust, partnership, or association, and any other
188	legal entity.
189	(14)  "Relative" means a person related by blood to the
190	person being adopted within the third degree of consanguinity.
191	(15)  "To place" means the process of a parent or legal
192	guardian surrendering a child for adoption and the prospective
193	adoptive parents receiving and adopting the child, and includes
194	all actions by any person or adoption entity participating in
195	the process.
196	(14)(16)  "Placement" means the process of a parent or
197	legal guardian surrendering a child for adoption and the
198	prospective adoptive parents receiving and adopting the child
199	and all actions by any adoption entity participating in placing
200	the child.
201	(15)(17)  "Primarily lives and works outside Florida" means
202	that a person who lives and works outside this state at least 6
203	months and 1 day per of the year, is a member of the military
204	personnel who designates a state other than designate Florida as
205	his or her their place of residence in accordance with the
206	Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a
207	citizen employees of the United States Department of State
208	living in a foreign country who designates designate a state
209	other than Florida as his or her their place of residence.
210	(16)  "Relative" means a person related by blood to the
211	person being adopted within the third degree of consanguinity.
212	(17)(18)  "Suitability of the intended placement" means
213	includes the fitness of the intended placement, with primary
214	consideration being given to the best interest of the child.
215	(18)  "To place" means the process whereby a parent or
216	legal guardian surrenders a child for adoption and the
217	prospective adoptive parents receive and adopt the child, and
218	includes all actions by any person or adoption entity
219	participating in the process.
220	(19)  "Unmarried biological father" means the child's
221	biological father who is not married to the child's mother at
222	the time of conception or birth of the child and who, before the
223	filing of a petition to terminate parental rights, has not been
224	adjudicated declared by a court of competent jurisdiction to be
225	the legal father of the child or has not executed an affidavit
226	pursuant to s. 382.013(2)(c).
227	Section 4.  Section 63.037, Florida Statutes, is amended to
228	read:
229	63.037  Proceedings applicable to cases resulting from a
230	termination of parental rights under chapter 39.--A case in
231	which a minor becomes available for adoption after the parental
232	rights of each parent have been terminated by a judgment entered
233	pursuant to chapter 39 shall be governed by s. 39.812 and this
234	chapter. Adoption proceedings initiated under chapter 39 are
235	exempt from the following provisions of this chapter: disclosure
236	requirements for the adoption entity provided in s. 63.085(1);
237	general provisions governing termination of parental rights
238	pending adoption provided in s. 63.087; notice and service
239	provisions governing termination of parental rights pending
240	adoption provided in s. 63.088; and procedures for terminating
241	parental rights pending adoption provided in s. 63.089.
242	Section 5.  Paragraph (i) of subsection (1) of section
243	63.039, Florida Statutes, is amended, paragraph (j) is added to
244	that subsection, and subsection (3) of that section is amended,
245	to read:
246	63.039  Duty of adoption entity to prospective adoptive
247	parents; sanctions.--
248	(1)  An adoption entity placing a minor for adoption has an
249	affirmative duty to follow the requirements of this chapter and
250	specifically the following provisions, which protect and promote
251	the well-being of persons being adopted and their parents and
252	prospective adoptive parents by promoting certainty, finality,
253	and permanency for such persons. The adoption entity must:
254	(i)  Obtain the written waiver of venue required under s.
255	63.062, if applicable in cases in which venue for the
256	termination of parental rights will be located in a county other
257	than the county where a parent whose rights are to be terminated
258	resides.
259	(j)  Provide an adoption disclosure statement, as required
260	under s. 63.085(1), to all persons whose consent is required
261	under s. 63.062(1).
262	(3)  The prevailing party in an action to set aside a
263	judgment terminating parental rights pending adoption or a
264	judgment of adoption may be awarded reasonable attorney's fees
265	and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil
266	Procedure. An award under this subsection must be paid by the
267	adoption entity or by the any applicable insurance carrier on
268	behalf of the adoption entity if the court finds that the acts
269	or omissions of the entity were the basis for the court's order
270	granting relief to the prevailing party.
271	Section 6.  Section 63.0425, Florida Statutes, is amended
272	to read:
273	63.0425  Grandparent's right to notice adopt.--
274	(1)  If When a child has lived with a grandparent for at
275	least 6 months within the 24-month period immediately preceding
276	the filing of a petition for termination of parental rights
277	pending adoption, the adoption entity shall provide notice to
278	that grandparent of the hearing on the petition for termination
279	of parental rights pending adoption.
280	(2)  This section does shall not apply if the placement for
281	adoption is the a result of the death of the child's parent and
282	a different preference is stated in the parent's will.
283	(3)  This section does shall not apply in stepparent
284	adoptions.
285	(4)  Nothing in This section does not shall contravene the
286	provisions of s. 63.142(4).
287	Section 7.  Subsections (1), (6), and (7) of section
288	63.054, Florida Statutes, are amended to read:
289	63.054  Actions required by an unmarried biological father
290	to establish parental rights; Florida Putative Father
291	Registry.--
292	(1)  In order to preserve the right to notice and consent
293	to an adoption under this chapter, an unmarried biological
294	father must, as the "registrant," file a notarized claim of
295	paternity form with the Florida Putative Father Registry
296	maintained by the Office of Vital Statistics of the Department
297	of Health which includes and shall include therein confirmation
298	of his willingness and intent to support the child for whom
299	paternity is claimed in accordance with state law. The claim of
300	paternity may be filed at any time before prior to the child's
301	birth, but a claim of paternity may not be filed after the date
302	a petition is filed for termination of parental rights. In each
303	proceeding for termination of parental rights, the petitioner
304	must shall submit to the Office of Vital Statistics of the
305	Department of Health a copy of the petition for termination of
306	parental rights. The Office of Vital Statistics may of the
307	Department of Health shall not record a claim of paternity after
308	the date that a petition for termination of parental rights is
309	filed. The failure of an unmarried biological father to file a
310	claim of paternity with the registry before the date a petition
311	for termination of parental rights is filed also bars him from
312	filing a paternity claim under chapter 742.
313	(a)  An unmarried biological father is excepted from the
314	time limitations for filing a claim of paternity with the
315	registry or for filing a paternity claim under chapter 742, if:
316	1.  The mother identifies him to the adoption entity as a
317	potential biological father by the date she executes a consent
318	for adoption; and
319	2.  He is served with a notice of intended adoption plan
320	pursuant to s. 63.062(3) and the 30-day mandatory response date
321	is later than the date the petition for termination of parental
322	rights is filed with the court.
323	(b)  If an unmarried biological father falls within the
324	exception provided by paragraph (a), the petitioner shall also
325	submit to the Office of Vital Statistics a copy of the notice of
326	intended adoption plan and proof of service of the notice on the
327	potential biological father.
328	(c)  An unmarried biological father who falls within the
329	exception provided by paragraph (a) may not file a claim of
330	paternity with the registry or a paternity claim under chapter
331	742 after the 30-day mandatory response date to the notice of
332	intended adoption plan has expired. The Office of Vital
333	Statistics may not record a claim of paternity 30 days after
334	service of the notice of intended adoption plan.
335	(6)  It is the obligation of the registrant or, if
336	designated under subsection (4), his designated agent or
337	representative to notify and update the Office of Vital
338	Statistics of any change of address or change in the designation
339	of an agent or representative. The failure of a registrant, or
340	designated agent or representative, to report any such change is
341	at the registrant's own risk and may shall not serve as a valid
342	defense based upon lack of notice, and the adoption entity or
343	petitioner has no further obligation to search for the
344	registrant unless the person petitioning for termination of
345	parental rights or adoption has actual or constructive notice of
346	the registrant's address and whereabouts from another source.
347	(7)  In each proceeding for termination of parental rights
348	or each adoption proceeding in which parental rights are being
349	terminated simultaneously with entry of the final judgment of
350	adoption, as in a stepparent and relative adoption filed under
351	this chapter, the petitioner must contact the Office of Vital
352	Statistics of the Department of Health by submitting an
353	application for a search of the Florida Putative Father
354	Registry. The petitioner must shall provide the same
355	information, if known, on the search application form that which
356	the registrant furnished is required to furnish under subsection
357	(3). Thereafter, the Office of Vital Statistics shall must issue
358	a certificate signed by the State Registrar certifying:
359	(a)  The identity and contact information, if any, for each
360	registered unmarried biological father whose information matches
361	the search request sufficiently so that such person may be
362	considered a possible father of the subject child; or
363	(b)  That a diligent search has been made of the registry
364	of registrants who may be the unmarried biological father of the
365	subject child and that no matching registration has been located
366	in the registry.
367
368	The This certificate must be filed with the court in the
369	proceeding to terminate parental rights or the adoption
370	proceeding. If a termination of parental rights and an adoption
371	proceeding are being adjudicated separately simultaneously, the
372	Florida Putative Father Registry need only be searched for the
373	termination of parental rights proceeding once.
374	Section 8.  Paragraph (b) of subsection (1) and subsections
375	(3), (7), and (9) of section 63.062, Florida Statutes, are
376	amended to read:
377	63.062  Persons required to consent to adoption; affidavit
378	of nonpaternity; waiver of venue.--
379	(1)  Unless supported by one or more of the grounds
380	enumerated under s. 63.089(3), a petition to terminate parental
381	rights pending adoption may be granted only if written consent
382	has been executed as provided in s. 63.082 after the birth of
383	the minor or notice has been served under s. 63.088 to:
384	(b)  The father of the minor, if:
385	1.  The minor was conceived or born while the father was
386	married to the mother;
387	2.  The minor is his child by adoption;
388	3.  The minor has been adjudicated established by the court
389	proceeding to be his child by the date a petition is filed for
390	termination of parental rights;
391	4.  He has filed an affidavit of paternity pursuant to s.
392	382.013(2)(c) by the date a petition is filed for termination of
393	parental rights; or
394	5.  In the case of an unmarried biological father, he has
395	acknowledged in writing, signed in the presence of a competent
396	witness, that he is the father of the minor, has filed such
397	acknowledgment with the Office of Vital Statistics of the
398	Department of Health within the required timeframes, and has
399	complied with the requirements of subsection (2).
400	(3)(a)  Pursuant to chapter 48, an adoption entity shall
401	may serve a notice of intended adoption plan upon any known and
402	locatable unmarried biological father who is identified to the
403	adoption entity by the mother by the date she signs her consent
404	for adoption or who is identified by a diligent search of the
405	Florida Putative Father Registry, or upon an entity whose
406	consent is required. Service of the notice of intended adoption
407	plan is not mandatory when the unmarried biological father signs
408	a consent for adoption or an affidavit of nonpaternity. The
409	notice may be served, a notice of intended adoption plan at any
410	time before the child's birth or before placing prior to the
411	placement of the child in the adoptive home, including prior to
412	the birth of the child. The recipient of the notice may waive
413	service of process by executing a waiver and acknowledging
414	receipt of the plan. The notice of intended adoption plan must
415	specifically state that if the unmarried biological father
416	desires to contest the adoption plan, he must, within 30 days
417	after service, file with the court, within 30 days after
418	service, a verified response that contains a pledge of
419	commitment to the child in substantial compliance with
420	subparagraph (2)(b)2. and The notice of intended adoption plan
421	shall notify the unmarried biological father that he must file a
422	claim of paternity form with the Office of Vital Statistics,
423	within 30 days after service upon him and must provide the
424	adoption entity with a copy of the verified response filed with
425	the court and the claim of paternity form filed with the Office
426	of Vital Statistics. The notice must also include instructions
427	for submitting a claim of paternity form to the Office of Vital
428	Statistics and the address to which the claim must be sent. If
429	the party served with the notice of intended adoption plan is an
430	entity whose consent is required, the notice must specifically
431	state that the entity must file, within 30 days after service, a
432	verified response setting forth a legal basis for contesting the
433	intended adoption plan, specifically addressing the best
434	interest of the child.
435	(a)  If the unmarried biological father or entity whose
436	consent is required fails to timely and properly file a verified
437	response with the court and, in the case of an unmarried
438	biological father, a claim of paternity form with the Office of
439	Vital Statistics within 30 days after service upon that
440	unmarried biological father or entity whose consent is required,
441	the court shall enter a default against any unmarried biological
442	father or entity and the consent of that unmarried biological
443	father or entity shall no longer be required under this chapter
444	and that party shall be deemed to have waived any claim of
445	rights to the child. To avoid a default, within 30 days after
446	receipt of service of the notice of intended adoption plan:
447	1.  The unmarried biological father must:
448	a.  File a claim of paternity with the Florida Putative
449	Father Registry maintained by the Office of Vital Statistics;
450	b.  File a verified response with the court which contains
451	a pledge of commitment to the child in substantial compliance
452	with subparagraph (2)(b)2.; and
453	c.  Provide support for the birth mother and the child.
454	2.  The entity whose consent is required must file a
455	verified response setting forth a legal basis for contesting the
456	intended adoption plan, specifically addressing the best
457	interest of the child. Each notice of intended adoption plan
458	served upon an unmarried biological father must include
459	instructions as to the procedure the unmarried biological father
460	must follow to submit a claim of paternity form to the Office of
461	Vital Statistics and the address to which the registration must
462	be directed.
463	(b)  If the birth mother identifies a man who she believes
464	is the unmarried biological father of her child, the adoption
465	entity may provide a notice of intended adoption plan pursuant
466	to paragraph (a). If the mother identifies a potential unmarried
467	biological father whose location is unknown, the adoption entity
468	shall conduct a diligent search pursuant to s. 63.088. If, upon
469	completion of a diligent search, the potential unmarried
470	biological father's location remains unknown and a search of the
471	Florida Putative Father Registry fails to reveal a match, the
472	adoption entity shall request in the petition for termination of
473	parental rights pending adoption that the court declare the
474	diligent search to be in compliance with s. 63.088, and to
475	further declare that the adoption entity has shall have no
476	further obligation to provide notice to the potential unmarried
477	biological father, and that the potential unmarried biological
478	father's consent to the adoption is shall not be required.
479	(7)  If parental rights to the minor have previously been
480	terminated, the adoption entity with which the minor has been
481	placed for subsequent adoption may provide consent to the
482	adoption. In such case, no other consent is required. The
483	consent of the department shall be waived upon a determination
484	by the court that such consent is being unreasonably withheld
485	and if, provided that the petitioner has filed with the court a
486	favorable preliminary adoptive home study as required under s.
487	63.092 performed by a licensed child-placing agency, a child-
488	caring agency registered under s. 409.176, or a licensed
489	professional or agency described in s. 61.20(2).
490	(9)  A petition for termination of parental rights must
491	shall be filed in the appropriate county as determined under s.
492	63.087(2). If a the parent or parents whose consent is required
493	objects rights are to be terminated object to venue in the
494	county where the action was filed, the court may transfer venue
495	to a proper venue consistent with this chapter and chapter 47
496	the action to the county where the objecting parent or parents
497	reside, unless the objecting parent has previously executed a
498	waiver of venue.
499	Section 9.  Section 63.063, Florida Statutes, is amended to
500	read:
501	63.063  Responsibility of parents each party for their own
502	actions; fraud or misrepresentation; contesting termination of
503	parental rights and adoption statutory compliance.--
504	(1)  Each parent of a child conceived or born outside of
505	marriage is responsible for his or her own actions and is not
506	excused from strict compliance with the provisions of this
507	chapter based upon any action, statement, or omission of the
508	other parent or a third party, except as provided in s.
509	63.062(2)(a).
510	(2)  Any person injured by a fraudulent representation or
511	action in connection with an adoption may is entitled to pursue
512	civil or criminal penalties as provided by law. A fraudulent
513	representation is not a defense to compliance with the
514	requirements of this chapter and is not a basis for dismissing a
515	petition for termination of parental rights or a petition for
516	adoption, for vacating an adoption decree, or for granting
517	custody to the offended party. Custody and adoption
518	determinations must shall be based on the best interest of the
519	child in accordance with s. 61.13.
520	(3)  The Legislature finds no way to remove all risk of
521	fraud or misrepresentation in adoption proceedings and has
522	provided a method for absolute protection of an unmarried
523	biological father's rights through by compliance with the
524	provisions of this chapter. In balancing the rights and
525	interests of the state and of all parties affected by fraud,
526	including the child, the adoptive parents, and the unmarried
527	biological father, the Legislature has determined that the
528	unmarried biological father is in the best position to prevent
529	or ameliorate the effects of fraud and, therefore, has the
530	burden of preventing fraud.
531	(4)  The Legislature finds that an unmarried biological
532	father who resides in another state may not, in every
533	circumstance, be reasonably presumed to know of and comply with
534	the requirements of this chapter. Therefore, if all of the
535	following requirements have been met, an unmarried biological
536	father may contest a termination of parental rights or
537	subsequent adoption and, before prior to entry of the final
538	judgment of adoption, assert his interest in the child.
539	Following such assertion, the court may, in its discretion,
540	proceed with an evidentiary hearing if:
541	(a)  The unmarried biological father resides and has
542	resided in another state where the unmarried mother was also
543	located or resided.
544	(b)  The unmarried mother left that state without notifying
545	or informing the unmarried biological father that she could be
546	located in this the state of Florida.
547	(c)  The unmarried biological father has, through every
548	reasonable means, attempted to locate the mother but does not
549	know or have reason to know that the mother is residing in this
550	the state of Florida.
551	(d)  The unmarried biological father has substantially
552	complied with the requirements of the state where the mother
553	previously resided or was located in order to protect and
554	preserve his parental interest and rights with regard to the
555	child.
556	Section 10.  Paragraph (d) of subsection (1), paragraphs
557	(b), (c), and (e) of subsection (4), paragraphs (a), (b), and
558	(d) of subsection (6), and subsection (7) of section 63.082,
559	Florida Statutes, are amended to read:
560	63.082  Execution of consent to adoption or affidavit of
561	nonpaternity; family social and medical history; withdrawal of
562	consent.--
563	(1)
564	(d)  The notice and consent provisions of this chapter as
565	they relate to the birth of a child or to legal fathers do not
566	apply in cases in which the child is conceived as a result of a
567	violation of the criminal laws of this or another state,
568	including, but not limited to, sexual battery, unlawful sexual
569	activity with certain minors under s. 794.05, lewd acts
570	perpetrated upon a minor, or incest.
571	(4)
572	(b)  A consent to the adoption of a minor who is to be
573	placed for adoption may shall not be executed by the birth
574	mother sooner than 48 hours after the minor's birth or the day
575	the birth mother is has been notified in writing, either on her
576	patient chart or in release paperwork, that she is fit to be
577	released from the licensed hospital or birth center, whichever
578	is earlier. A consent by any man a biological father or legal
579	father may be executed at any time after the birth of the child.
580	The A consent executed under this paragraph is valid upon
581	execution and may be withdrawn only if the court finds that it
582	was obtained by fraud or duress.
583	(c)  If When the minor to be adopted is older than 6 months
584	of age at the time of the execution of the consent, the consent
585	to adoption is valid upon execution; however, it is subject to a
586	3-day revocation period of 3 business days or may be revoked at
587	any time prior to the placement of the minor with the
588	prospective adoptive parents, whichever is later. If a consent
589	has been executed, this subsection may not be construed to
590	provide a birth parent with more than 3 days to revoke the
591	consent once the child has been placed with the prospective
592	adoptive parents.
593	(e)  A consent to adoption being executed by the birth
594	parent must be in at least 12-point boldfaced type in
595	substantially the following form:
596
597	CONSENT TO ADOPTION
598
599	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
600	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
601	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
602	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
603	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
604	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
605	WITNESSES YOU SELECTED, IF ANY.
606
607	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
608	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
609	CONSENT:
610
611	1.  CONSULT WITH AN ATTORNEY;
612	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY
613	PROHIBITED;
614	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY
615	MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
616	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND
617	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO
618	YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
619
620	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
621	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
622	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
623	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
624	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
625	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
626	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
627	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
628	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
629	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
630	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
631	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
632	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
633	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
634	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
635	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
636	DURESS.
637
638	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
639	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
640
641	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU
642	WISH TO WITHDRAW YOUR CONSENT; AND
643	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
644	DURESS.
645
646	This statement of rights is not required for the adoption of a
647	relative, an adult, a stepchild, or a child older than 6 months
648	of age. A consent form for the adoption of a child older than 6
649	months of age at the time of the execution of consent must
650	contain a statement outlining the revocation rights provided in
651	paragraph (c).
652	(6)(a)  If a birth parent executes a consent for placement
653	of a minor with an adoption entity or qualified prospective
654	adoptive parents and the minor child is in the custody of the
655	department, but parental rights have not yet been terminated,
656	the adoption consent is shall be valid, binding, and enforceable
657	by the court.
658	(b)  Upon execution of the consent of the birth parent, the
659	adoption entity may shall be permitted to intervene in the
660	dependency case as a party in interest and must shall provide
661	the court having jurisdiction over the minor, pursuant to the
662	shelter or dependency petition filed by the department, with a
663	copy of the preliminary home study of the prospective adoptive
664	parents and any other evidence of the suitability of the
665	placement. The preliminary home study must shall be maintained
666	with strictest confidentiality within the dependency court file
667	and the department's file. A preliminary home study must be
668	provided to the court in all cases in which an adoption entity
669	has intervened pursuant to this section.
670	(d)  In determining whether the best interest of the child
671	is will be served by transferring the custody of the minor child
672	to the prospective adoptive parent selected by the birth parent,
673	the court shall consider give consideration to the rights of the
674	birth parent to determine an appropriate placement for the
675	child, the permanency offered, the child's bonding with any
676	potential adoptive home that the child has been residing in, and
677	the importance of maintaining sibling relationships, if
678	possible.
679	(7)  If a person is seeking to withdraw consent for a child
680	older than 6 months of age who has been placed with prospective
681	adoptive parents:
682	(a)  The person seeking to withdraw consent must, in
683	accordance with paragraph (4)(c), notify A consent that is being
684	withdrawn under paragraph (4)(c) may be withdrawn at any time
685	prior to the minor's placement with the prospective adoptive
686	parents or by notifying the adoption entity in writing by
687	certified United States mail, return receipt requested, within
688	not later than 3 business days after execution of the consent.
689	As used in this subsection, the term "business day" means any
690	day on which the United States Postal Service accepts certified
691	mail for delivery.
692	(b)  Upon receiving timely written notice from a person
693	whose consent to adoption is required of that person's desire to
694	withdraw consent to adoption, the adoption entity must contact
695	the prospective adoptive parent to arrange a time certain for
696	the adoption entity to regain physical custody of the minor,
697	unless, upon a motion for emergency hearing by the adoption
698	entity, the court determines in written findings that placement
699	of the minor with the person who had legal or physical custody
700	of the child immediately before the child was placed for
701	adoption withdrawing consent may endanger the minor, or that the
702	person who desires to withdraw consent is to the adoption would
703	not be required to consent to the adoption, or has been
704	determined to have abandoned the child, or is otherwise subject
705	to a determination that the person's consent is waived under
706	this chapter.
707	(c)  If the court finds that the such placement may
708	endanger the minor, the court shall must enter an order
709	continuing the regarding continued placement of the minor with
710	the prospective adoptive parents pending further proceedings if
711	they desire continued placement. If the prospective adoptive
712	parents do not desire continued placement, the order must shall
713	include, but need not be limited to, a determination of whether
714	temporary placement in foster care with the person who had legal
715	or physical custody of the child immediately before placing the
716	child for adoption or with a relative is in the best interest of
717	the child and is appropriate, whether an investigation by the
718	department is recommended, and whether a relative is available
719	for the temporary placement.
720	(d)  If the person withdrawing consent claims to be the
721	father of the minor but has not been established to be the
722	father by marriage, court order, or scientific testing, the
723	court may order scientific paternity testing and reserve ruling
724	on removal of the minor until the results of such testing have
725	been filed with the court.
726	(e)  The adoption entity must return the minor within 3
727	business days after timely and proper notification of the
728	withdrawal of consent or after the court determines that
729	withdrawal is valid and binding upon consideration of an
730	emergency motion, as filed pursuant to paragraph (b), to the
731	physical custody of the person withdrawing consent or the person
732	directed by the court. If the person seeking to validly withdraw
733	consent claims to be the father of the minor but has not been
734	established to be the father by marriage, court order, or
735	scientific testing, the adoption entity may return the minor to
736	the care and custody of the mother, if she desires such
737	placement, and she the mother is not otherwise prohibited by law
738	from having custody of the child.
739	(f)  Following the revocation period for withdrawal of
740	consent described in paragraph (a), or the placement of the
741	child with the prospective adoptive parents, whichever occurs
742	later, consent may be withdrawn only when the court finds that
743	the consent was obtained by fraud or duress.
744	(g)  An affidavit of nonpaternity may be withdrawn only if
745	the court finds that the affidavit was obtained by fraud or
746	duress.
747	Section 11.  Section 63.085, Florida Statutes, is amended
748	to read:
749	63.085  Disclosure by adoption entity.--
750	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
751	ADOPTIVE PARENTS.--Within Not later than 14 days after a person
752	seeking to adopt a minor or a person seeking to place a minor
753	for adoption contacts an adoption entity in person or provides
754	the adoption entity with a mailing address, the entity must
755	provide a written disclosure statement to that person if the
756	entity agrees or continues to work with the such person. The If
757	an adoption entity shall also provide the written disclosure to
758	the parent is assisting in the effort to terminate the parental
759	rights of a parent who did not initiate the contact with the
760	adoption entity, the written disclosure must be provided within
761	14 days after that parent is identified and located. For
762	purposes of providing the written disclosure, a person is
763	considered to be seeking to place a minor for adoption if when
764	that person has sought information or advice from the adoption
765	entity regarding the option of adoptive placement. The written
766	disclosure statement must be in substantially the following
767	form:
768
769	ADOPTION DISCLOSURE
770
771	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
772	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
773	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
774	ADOPTION UNDER FLORIDA LAW:
775
776	1.  The name, address, and telephone number of the adoption
777	entity providing this disclosure is:
778	Name:
779	Address:
780	Telephone Number:
781
782	2.  The adoption entity does not provide legal representation or
783	advice to birth parents or anyone signing a consent for adoption
784	or affidavit of nonpaternity, and birth parents have the right
785	to consult with an attorney of their own choosing to advise
786	them.
787	3.  With the exception of an adoption by a stepparent or
788	relative, a child cannot be placed into a prospective adoptive
789	home unless the prospective adoptive parents have received a
790	favorable preliminary home study, including criminal and child
791	abuse clearances.
792	4.  A valid consent for adoption may not be signed by the birth
793	mother until 48 hours after the birth of the child, or the day
794	the birth mother is notified, in writing, that she is fit for
795	discharge from the licensed hospital or birth center. Any man A
796	putative father may sign a valid consent for adoption at any
797	time after the birth of the child.
798	5.  A consent for adoption signed before the child attains the
799	age of 6 months is binding and irrevocable from the moment it is
800	signed unless it can be proven in court that the consent was
801	obtained by fraud or duress. A consent for adoption signed after
802	the child attains the age of 6 months is valid from the moment
803	it is signed; however, it may be revoked until the child is
804	placed in an adoptive home, or up to 3 days after it was signed,
805	whichever period is longer.
806	6.  A consent for adoption is not valid if the signature of the
807	person who signed the consent was obtained by fraud or duress.
808	7.  An unmarried biological father must act immediately in order
809	to protect his parental rights. Section 63.062, Florida
810	Statutes, prescribes that any father seeking to establish his
811	right to consent to the adoption of his child must file a claim
812	of paternity with the Florida Putative Father Registry
813	maintained by the Office of Vital Statistics of the Department
814	of Health by the date a petition to terminate parental rights is
815	filed with the court, or within 30 days after receiving service
816	of a Notice of Intended Adoption Plan. If he receives a Notice
817	of Intended Adoption Plan, he must file a claim of paternity
818	with the Florida Putative Father Registry, file a parenting plan
819	with the court, and provide financial support to the mother or
820	child within 30 days following service. An unmarried biological
821	father's failure to timely respond to a Notice of Intended
822	Adoption Plan constitutes an irrevocable legal waiver of any and
823	all rights that the father may have to the child. A claim of
824	paternity registration form for the Florida Putative Father
825	Registry may be obtained from any local office of the Department
826	of Health, Office of Vital Statistics, the Department of
827	Children and Families, the Internet websites for these agencies,
828	and the offices of the clerks of the Florida circuit courts. The
829	claim of paternity form must be submitted to the Office of Vital
830	Statistics, Attention: Adoption Unit, P.O. Box 210,
831	Jacksonville, FL 32231.
832	8.7.  There are alternatives to adoption, including foster care,
833	relative care, and parenting the child. There may be services
834	and sources of financial assistance in the community available
835	to birth parents if they choose to parent the child.
836	9.8.  A birth parent has the right to have a witness of his or
837	her choice, who is unconnected with the adoption entity or the
838	adoptive parents, to be present and witness the signing of the
839	consent or affidavit of nonpaternity.
840	10.9.  A birth parent 14 years of age or younger must have a
841	parent, legal guardian, or court-appointed guardian ad litem to
842	assist and advise the birth parent as to the adoption plan.
843	11.10.  A birth parent has a right to receive supportive
844	counseling from a counselor, social worker, physician, clergy,
845	or attorney, and such counseling would be beneficial to the
846	birth parent.
847	12.11.  The payment of living or medical expenses by the
848	prospective adoptive parents before prior to the birth of the
849	child does not, in any way, obligate the birth parent to sign
850	the consent for adoption.
851	(2)  DISCLOSURE TO ADOPTIVE PARENTS.--
852	(a)  At the time that an adoption entity is responsible for
853	selecting prospective adoptive parents for a born or unborn
854	child whose parents are seeking to place the child for adoption
855	or whose rights were terminated pursuant to chapter 39, the
856	adoption entity must provide the prospective adoptive parents
857	with information concerning the background of the child to the
858	extent such information is disclosed to the adoption entity by
859	the parents, legal custodian, or the department. This subsection
860	applies only if the adoption entity identifies the prospective
861	adoptive parents and supervises the physical placement of the
862	child in the prospective adoptive parents' home. If any
863	information cannot be disclosed because the records custodian
864	failed or refused to produce the background information, the
865	adoption entity has a duty to provide the information if it
866	becomes available. An individual or entity contacted by an
867	adoption entity to obtain the background information must
868	release the requested information to the adoption entity without
869	the necessity of a subpoena or a court order. In all cases, the
870	prospective adoptive parents must receive all available
871	information by the date of the final hearing on the petition for
872	adoption. The information to be disclosed includes:
873	1.  A family social and medical history form completed
874	pursuant to s. 63.162(6).
875	2.  The biological mother's medical records documenting her
876	prenatal care and the birth and delivery of the child.
877	3.  A complete set of the child's medical records
878	documenting all medical treatment and care since the child's
879	birth and before placement.
880	4.  All mental health, psychological, and psychiatric
881	records, reports, and evaluations concerning the child before
882	placement.
883	5.  The child's educational records, including all records
884	concerning any special education needs of the child before
885	placement.
886	6.  Records documenting all incidents that required the
887	department to provide services to the child, including all
888	orders of adjudication of dependency or termination of parental
889	rights issued pursuant to chapter 39, any case plans drafted to
890	address the child's needs, all protective services
891	investigations identifying the child as a victim, and all
892	guardian ad litem reports filed with the court concerning the
893	child.
894	7.  Written information concerning the availability of
895	adoption subsidies for the child, if applicable.
896	(b)  When disclosing information pursuant to this
897	subsection, the adoption entity must redact any confidential
898	identifying information concerning the child's parents, foster
899	parents and their families, siblings, relatives, and
900	perpetrators of crimes against the child or involving the child.
901	(3)(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
902	must obtain a written statement acknowledging receipt of the
903	disclosures disclosure required under this section subsection
904	(1) and signed by the persons receiving the disclosure or, if it
905	is not possible to obtain such an acknowledgment, the adoption
906	entity must execute an affidavit stating why an acknowledgment
907	could not be obtained. If the disclosure was delivered by
908	certified United States mail, return receipt requested, a return
909	receipt signed by the person from whom acknowledgment is
910	required is sufficient to meet the requirements of this
911	subsection. A copy of the acknowledgment of receipt of the
912	disclosure must be provided to the person signing it. A copy of
913	the acknowledgment or affidavit executed by the adoption entity
914	in lieu of the acknowledgment must be maintained in the file of
915	the adoption entity. The original acknowledgment or affidavit
916	must be filed with the court.
917	(4)(3)  REVOCATION OF CONSENT.--Failure to meet the
918	requirements of this section subsection (1) or subsection (2)
919	does not constitute grounds for revocation of a consent to
920	adoption or withdrawal of an affidavit of nonpaternity unless
921	the extent and circumstances of such a failure result in a
922	material failure of fundamental fairness in the administration
923	of due process, or the failure constitutes or contributes
924	materially to fraud or duress in obtaining a consent to adoption
925	or affidavit of nonpaternity.
926	Section 12.  Subsections (2), (3), and (6) of section
927	63.087, Florida Statutes, are amended to read:
928	63.087  Proceeding to terminate parental rights pending
929	adoption; general provisions.--
930	(2)  VENUE.--
931	(a)  A petition to terminate parental rights pending
932	adoption must be filed:
933	1.  In the county where the child resides; or
934	2.  If the child does not reside in the State of Florida,
935	In the county where the adoption entity is located;
936	3.  In the county where the adoption entity is located; or
937	4.  If neither parent resides in the state, in the county
938	where the adoption entity is located. The fact of the minor's
939	presence within the state confers jurisdiction on the court in
940	proceedings in the minor's case under this chapter, or to a
941	parent or guardian if due notice has been given.
942	(b)  If a petition for termination of parental rights has
943	been filed and a parent whose consent is required rights are to
944	be terminated objects to venue, there must be a hearing in which
945	the court shall determine whether that parent intends to assert
946	legally recognized grounds to contest a termination of parental
947	rights and, if so, the court may shall immediately transfer
948	venue to a proper venue under this subsection the county where
949	that parent resides or resided at the time of the execution of
950	the consent. For purposes of selecting venue, the court shall
951	consider the ease of access to the court for the parent and the
952	factors set forth in s. 47.122 who intends to contest a
953	termination of parental rights.
954	(c)  If there is a transfer of venue, the court may
955	determine which party shall bear the cost of venue transfer.
956
957	For purposes of the hearing under this subsection, witnesses
958	located in another jurisdiction may testify by deposition or
959	testify by telephone, audiovisual means, or other electronic
960	means before a designated court or at another location.
961	Documentary evidence transmitted from another location by
962	technological means that do not produce an original writing may
963	not be excluded from evidence on an objection based on the means
964	of transmission. The court on its own motion may otherwise
965	prescribe the manner in which and the terms upon which the
966	testimony is taken.
967	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
968	may not be filed until after the date the court enters the
969	judgment terminating parental rights pending adoption under this
970	chapter or under chapter 39. Adoptions of relatives, adult
971	adoptions, or adoptions of stepchildren are shall not be
972	required to file a separate termination of parental rights
973	proceeding pending adoption. In such cases, the petitioner may
974	file a joint petition for termination of parental rights and
975	adoption, attaching all required consents, affidavits, notices,
976	and acknowledgments shall be attached to the petition for
977	adoption or filed separately in the adoption proceeding. Unless
978	otherwise provided by law, this chapter applies to joint
979	petitions.
980	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
981	petition or any pleading requiring an answer must shall be filed
982	in accordance with the Florida Family Law Rules of Civil
983	Procedure. Failure to file a written response or to appear at
984	the hearing on the petition constitutes grounds upon which the
985	court may terminate parental rights. Failure to appear at the
986	hearing constitutes grounds upon which the court may terminate
987	parental rights. The petitioner shall provide notice of the
988	final hearing by United States mail to any person who has been
989	served with the summons and petition for termination of parental
990	rights within the specified time periods. Notwithstanding the
991	filing of any answer or any pleading, Any person present at the
992	hearing to terminate parental rights pending adoption whose
993	consent to adoption is required under s. 63.062 must:
994	(a)  Be advised by the court that he or she has a right to
995	ask that the hearing be reset for a later date so that the
996	person may consult with an attorney; and
997	(b)  Be given an opportunity to admit or deny the
998	allegations in the petition.
999	Section 13.  Subsections (1), (3), (4), and (5) of section
1000	63.088, Florida Statutes, are amended to read:
1001	63.088  Proceeding to terminate parental rights pending
1002	adoption; notice and service; diligent search.--
1003	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1004	virtue of the fact that he has engaged in a sexual relationship
1005	with a woman, is deemed to be on notice that a pregnancy and an
1006	adoption proceeding regarding that child may occur and that he
1007	has a duty to protect his own rights and interest. He is,
1008	therefore, entitled to notice of a birth or adoption proceeding
1009	with regard to that child only as provided in this chapter. If a
1010	mother fails to identify an unmarried biological father to the
1011	adoption entity by the date she signs her consent for adoption,
1012	the unmarried biological father's claim that he did not receive
1013	actual notice of the adoption proceeding is not a defense to the
1014	termination of his parental rights.
1015	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1016	determine that a minor is available for adoption, and in
1017	addition to the other requirements set forth in this chapter,
1018	each person whose consent is required under s. 63.062, who has
1019	not executed a consent for adoption or an affidavit of
1020	nonpaternity, and whose location and identity have been
1021	determined by compliance with the procedures in this section
1022	must be personally served, pursuant to chapter 48, at least 20
1023	days before the hearing with a copy of the petition to terminate
1024	parental rights pending adoption and with notice in
1025	substantially the following form:
1026
1027	NOTICE OF PETITION AND HEARING
1028	TO TERMINATE PARENTAL RIGHTS
1029	PENDING ADOPTION
1030
1031	A petition to terminate parental rights pending adoption has
1032	been filed. A copy of the petition is being served with this
1033	notice. There will be a hearing on the petition to terminate
1034	parental rights pending adoption on   (date)   at   (time)
1035	before   (judge)   at   (location, including complete name and
1036	street address of the courthouse)  . The court has set aside
1037	(amount of time)   for this hearing.
1038
1039	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A
1040	WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT
1041	AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH
1042	THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT
1043	REGARDING THE MINOR CHILD.
1044	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1045	63.087, the court shall must conduct an inquiry of the person
1046	who is placing the minor for adoption and of any relative or
1047	person having legal custody of the minor who is present at the
1048	hearing and likely to have the following information regarding
1049	the identity of:
1050	(a)  Any man person to whom the mother of the minor was
1051	married at any time when conception of the minor may have
1052	occurred or at the time of the birth of the minor;
1053	(b)  Any man who has filed an affidavit of paternity
1054	pursuant to s. 382.013(2)(c) before the date that a petition for
1055	termination of parental rights is filed with the court person
1056	who has been declared by a court to be the father of the minor;
1057	(c)  Any man who has adopted the minor;
1058	(d)  Any man who has been adjudicated by a court as the
1059	father of the minor child before the date a petition for
1060	termination of parental rights is filed with the court with whom
1061	the mother was cohabiting at any time when conception of the
1062	minor may have occurred; and
1063	(e)  Any man whom the mother identified to the adoption
1064	entity as a potential biological father before the date she
1065	signed the consent for adoption person who has acknowledged or
1066	claimed paternity of the minor.
1067
1068	The information sought required under this subsection may be
1069	provided to the court in the form of a sworn affidavit by a
1070	person having personal knowledge of the facts, addressing each
1071	inquiry enumerated in this subsection, except that, if the
1072	inquiry identifies a father under paragraph (a), paragraph (b),
1073	or paragraph (c), the inquiry may shall not continue further.
1074	The inquiry required under this subsection may be conducted
1075	before the birth of the minor.
1076	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1077	the court under subsection (4) identifies any person whose
1078	consent to adoption is required under s. 63.062 and who has not
1079	executed a consent to adoption or an affidavit of nonpaternity,
1080	and the location of the person from whom consent is required is
1081	unknown, the adoption entity must conduct a diligent search for
1082	that person which must include inquiries concerning:
1083	(a)  The person's current address, or any previous address,
1084	through an inquiry of the United States Postal Service through
1085	the Freedom of Information Act;
1086	(b)  The last known employment of the person, including the
1087	name and address of the person's employer;
1088	(c)  Regulatory agencies, including those regulating
1089	licensing in the area where the person last resided;
1090	(c)(d)  Names and addresses of relatives to the extent they
1091	such can be reasonably obtained from the petitioner or other
1092	sources, contacts with those relatives, and inquiry as to the
1093	person's last known address. The petitioner must shall pursue
1094	any leads to of any addresses where to which the person may have
1095	moved;
1096	(d)(e)  Information as to whether or not the person may
1097	have died and, if so, the date and location;
1098	(e)(f)  Telephone listings in the area where the person
1099	last resided;
1100	(f)(g)  Inquiries of law enforcement agencies in the area
1101	where the person last resided;
1102	(g)(h)  Highway patrol records in the state where the
1103	person last resided;
1104	(h)(i)  Department of Corrections records in the state
1105	where the person last resided;
1106	(i)(j)  Hospitals in the area where the person last
1107	resided;
1108	(j)(k)  Records of utility companies, including water,
1109	sewer, cable television, and electric companies, in the area
1110	where the person last resided;
1111	(k)(l)  Records of the Armed Forces of the United States as
1112	to whether there is any information as to the person;
1113	(l)(m)  Records of the tax assessor and tax collector in
1114	the area where the person last resided; and
1115	(m)(n)  Search of one Internet databank locator service.
1116
1117	A person contacted by a petitioner or adoption entity requesting
1118	records under this subsection must release the requested records
1119	to the petitioner or adoption entity without the necessity of a
1120	subpoena or a court order, except when prohibited by law. An
1121	affidavit of diligent search conducted in accordance with this
1122	section executed by the petitioner and the adoption entity must
1123	be filed with the court confirming completion of each aspect of
1124	the diligent search enumerated in this subsection and specifying
1125	the results. The diligent search required under this subsection
1126	may be conducted before the birth of the minor. A judgment
1127	terminating parental rights and approving a diligent search that
1128	fails to locate a person is valid and is not subject to direct
1129	or collateral attack because the mother failed or refused to
1130	provide the adoption entity with sufficient information to
1131	locate the person.
1132	Section 14.  Subsections (2), (3), (4), and (6), paragraph
1133	(a) of subsection (7), and subsection (8) of section 63.089,
1134	Florida Statutes, are amended to read:
1135	63.089  Proceeding to terminate parental rights pending
1136	adoption; hearing; grounds; dismissal of petition; judgment.--
1137	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1138	only when:
1139	(a)  For each person whose consent to adoption is required
1140	under s. 63.062:
1141	1.  A consent under s. 63.082 has been executed and filed
1142	with the court;
1143	2.  An affidavit of nonpaternity under s. 63.082 has been
1144	executed and filed with the court;
1145	3.  Notice has been provided under ss. 63.087 and 63.088;
1146	or
1147	4.  The certificate from the Office of Vital Statistics has
1148	been provided to the court stating that a diligent search has
1149	been made of the Florida Putative Father Registry created in s.
1150	63.054 and that no filing has been found pertaining to the
1151	father of the child in question or, if a filing is found,
1152	stating the name of the putative father and the time and date of
1153	the filing.
1154	(b)  For each notice and petition that must be served under
1155	ss. 63.087 and 63.088:
1156	1.  At least 20 days have elapsed since the date of
1157	personal service and an affidavit of service has been filed with
1158	the court;
1159	2.  At least 30 days have elapsed since the first date of
1160	publication of constructive service and an affidavit of service
1161	has been filed with the court; or
1162	3.  An affidavit of nonpaternity, consent for adoption, or
1163	other document that which affirmatively waives service has been
1164	executed and filed with the court.;
1165	(c)  The minor named in the petition has been born.; and
1166	(d)  The petition contains all information required under
1167	s. 63.087 and all affidavits of inquiry, diligent search, and
1168	service required under s. 63.088 have been obtained and filed
1169	with the court.
1170	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1171	ADOPTION.--The court may enter a judgment terminating parental
1172	rights pending adoption if the court determines by clear and
1173	convincing evidence, supported by written findings of fact, that
1174	each person whose consent to adoption is required under s.
1175	63.062:
1176	(a)  Has executed a valid consent under s. 63.082 and the
1177	consent was obtained according to the requirements of this
1178	chapter;
1179	(b)  Has executed an affidavit of nonpaternity and the
1180	affidavit was obtained according to the requirements of this
1181	chapter;
1182	(c)  Has been served with a notice of the intended adoption
1183	plan in accordance with the provisions of s. 63.062(3) and has
1184	failed to respond within the designated time period;
1185	(d)  Has been properly served notice of the proceeding in
1186	accordance with the requirements of this chapter and has failed
1187	to file a written answer or appear at the evidentiary hearing
1188	resulting in the judgment terminating parental rights pending
1189	adoption;
1190	(e)  Has been properly served notice of the proceeding in
1191	accordance with the requirements of this chapter and has been
1192	determined under subsection (4) to have abandoned the minor as
1193	defined in s. 63.032;
1194	(f)  Is a parent of the person to be adopted, which parent
1195	has been judicially declared incapacitated with restoration of
1196	competency found to be medically improbable;
1197	(g)  Is a person who has legal custody of the person to be
1198	adopted, other than a parent, who has failed to respond in
1199	writing to a request for consent for a period of 60 days or,
1200	after examination of his or her written reasons for withholding
1201	consent, is found by the court to be withholding his or her
1202	consent unreasonably;
1203	(h)  Has been properly served notice of the proceeding in
1204	accordance with the requirements of this chapter, but has been
1205	found by the court, after examining written reasons for the
1206	withholding of consent, to be unreasonably withholding his or
1207	her consent; or
1208	(i)  Is the spouse of the person to be adopted who has
1209	failed to consent, and the failure of the spouse to consent to
1210	the adoption is excused by reason of prolonged and unexplained
1211	absence, unavailability, incapacity, or circumstances that are
1212	found by the court to constitute unreasonable withholding of
1213	consent.
1214	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1215	resulting in a termination of parental rights must be based upon
1216	clear and convincing evidence that a parent or person having
1217	legal custody has abandoned the child in accordance with the
1218	definition contained in s. 63.032 s. 63.032(1). A finding of
1219	abandonment may also be based upon emotional abuse or a refusal
1220	to provide reasonable financial support, when able, to a birth
1221	mother during her pregnancy. If, in the opinion of the court,
1222	the efforts of a parent or person having legal custody of the
1223	child to support and communicate with the child are only
1224	marginal efforts that do not evince a settled purpose to assume
1225	all parental duties, the court may declare the child to be
1226	abandoned. In making this decision, the court may consider the
1227	conduct of a father toward the child's mother during her
1228	pregnancy.
1229	(a)  In making a determination of abandonment at a hearing
1230	for termination of parental rights under pursuant to this
1231	chapter, the court shall must consider, among other relevant
1232	factors not inconsistent with this section:
1233	1.  Whether the actions alleged to constitute abandonment
1234	demonstrate a willful disregard for the safety or welfare of the
1235	child or the unborn child;
1236	2.  Whether the person alleged to have abandoned the child,
1237	while being able, failed to provide financial support;
1238	3.  Whether the person alleged to have abandoned the child,
1239	while being able, failed to pay for medical treatment; and
1240	4.  Whether the amount of support provided or medical
1241	expenses paid was appropriate, taking into consideration the
1242	needs of the child and relative means and resources available to
1243	the person alleged to have abandoned the child.
1244	(b)  The child has been abandoned when the parent of a
1245	child is incarcerated on or after October 1, 2001, in a federal,
1246	state, or county federal correctional institution and:
1247	1.  The period of time for which the parent has been or is
1248	expected to be incarcerated will constitute a significant
1249	substantial portion of the child's minority. In determining
1250	whether the period of time is significant, the court shall
1251	consider the child's age and the child's need for a permanent
1252	and stable home. The period of time begins on the date that the
1253	parent enters into incarceration period of time before the child
1254	will attain the age of 18 years;
1255	2.  The incarcerated parent has been determined by a the
1256	court of competent jurisdiction to be a violent career criminal
1257	as defined in s. 775.084, a habitual violent felony offender as
1258	defined in s. 775.084, convicted of child abuse as defined in s.
1259	827.03, or a sexual predator as defined in s. 775.21; has been
1260	convicted of first degree or second degree murder in violation
1261	of s. 782.04 or a sexual battery that constitutes a capital,
1262	life, or first degree felony violation of s. 794.011; or has
1263	been convicted of a substantially similar an offense in another
1264	jurisdiction which is substantially similar to one of the
1265	offenses listed in this subparagraph. As used in this section,
1266	the term "substantially similar offense" means any offense that
1267	is substantially similar in elements and penalties to one of
1268	those listed in this subparagraph, and that is in violation of a
1269	law of any other jurisdiction, whether that of another state,
1270	the District of Columbia, the United States or any possession or
1271	territory thereof, or any foreign jurisdiction; or
1272	3.  The court determines by clear and convincing evidence
1273	that continuing the parental relationship with the incarcerated
1274	parent would be harmful to the child and, for this reason, that
1275	termination of the parental rights of the incarcerated parent is
1276	in the best interest of the child.
1277	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1278	ADOPTION.--
1279	(a)  The judgment terminating parental rights pending
1280	adoption must be in writing and contain findings of fact as to
1281	the grounds for terminating parental rights pending adoption.
1282	(b)  Within 7 days after filing, the court shall mail a
1283	copy of the judgment to the department. The clerk shall execute
1284	a certificate of the such mailing.
1285	(c)  The judgment terminating parental rights pending
1286	adoption legally frees the child for subsequent adoption,
1287	adjudicates the child's status, and may not be challenged by a
1288	person claiming parental status who did not establish parental
1289	rights before the filing of the petition for termination, except
1290	as specifically provided in this chapter.
1291	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1292	(a)  A motion for relief from a judgment terminating
1293	parental rights must be filed with the court originally entering
1294	the judgment. The motion must be filed within a reasonable time,
1295	but not later than 1 year after the entry of the judgment
1296	terminating parental rights. An unmarried biological father does
1297	not have standing to seek relief from a judgment terminating
1298	parental rights if the mother did not identify him to the
1299	adoption entity before the date she signed a consent for
1300	adoption or if he was not located because the mother failed or
1301	refused to provide sufficient information to locate him.
1302	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1303	records pertaining to a petition to terminate parental rights
1304	pending adoption are related to the subsequent adoption of the
1305	minor and are subject to the provisions of s. 63.162. An
1306	unmarried biological father does not have standing to seek the
1307	court case number or access the court file if the mother did not
1308	identify him to the adoption entity before the date she signed
1309	the consent for adoption. The confidentiality provisions of this
1310	chapter do not apply to the extent information regarding persons
1311	or proceedings is must be made available as specified under s.
1312	63.088.
1313	Section 15.  Subsection (1) of section 63.092, Florida
1314	Statutes, is amended to read:
1315	63.092  Report to the court of intended placement by an
1316	adoption entity; at-risk placement; preliminary study.--
1317	(1)  REPORT TO THE COURT.--The adoption entity must report
1318	any intended placement of a minor for adoption with any person
1319	who is not a relative or a stepparent if the adoption entity has
1320	knowledge of, or participates in the, such intended placement.
1321	The report must be made to the court before the minor is placed
1322	in the home or within 2 business days 48 hours thereafter.
1323	Section 16.  Subsections (1) and (2) of section 63.102,
1324	Florida Statutes, are amended to read:
1325	63.102  Filing of petition for adoption or declaratory
1326	statement; venue; proceeding for approval of fees and costs.--
1327	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1328	not be filed until after the entry of the judgment or decree
1329	terminating parental rights pending adoption under this chapter,
1330	unless the adoptee is an adult or, the petitioner is a
1331	stepparent or a relative, or the minor has been the subject of a
1332	judgment terminating parental rights under chapter 39. After a
1333	judgment terminating parental rights has been entered, a
1334	proceeding for adoption may be commenced by filing a petition
1335	entitled, "In the Matter of the Adoption of _____" in the
1336	circuit court. The person to be adopted shall be designated in
1337	the caption in the name by which he or she is to be known if the
1338	petition is granted. Except for a joint petition for the
1339	adoption of a stepchild, a relative, or an adult, any name by
1340	which the minor was previously known may not be disclosed in the
1341	petition, the notice of hearing, or the judgment of adoption, or
1342	the court docket as provided in s. 63.162(3).
1343	(2)  VENUE.--A petition for adoption or for a declaratory
1344	statement as to the adoption contract must shall be filed in the
1345	county where the petition for termination of parental rights was
1346	filed or granted, unless the court, in accordance with s.
1347	47.122, changes the venue to the county where the petitioner or
1348	petitioners or the minor resides or where the adoption entity
1349	with which the minor has been placed is located. The circuit
1350	court in this state shall must retain jurisdiction over the
1351	matter until a final judgment is entered on the adoption, either
1352	within or outside the state. The Uniform Child Custody
1353	Jurisdiction and Enforcement Act does not apply until a final
1354	judgment is entered on the adoption.
1355	Section 17.  Subsection (3) of section 63.122, Florida
1356	Statutes, is amended to read:
1357	63.122  Notice of hearing on petition.--
1358	(3)  Upon a showing by the petitioner or parent that the
1359	privacy, safety, or and welfare of the petitioner, parent, or
1360	minor may be endangered, the court may order that the names of
1361	the petitioner, parent, or minor, or all both, to be deleted
1362	from the notice of hearing and from the copy of the petition
1363	attached thereto if, provided the substantive rights of any
1364	person are will not thereby be affected.
1365	Section 18.  Subsection (4) of section 63.132, Florida
1366	Statutes, is amended to read:
1367	63.132  Affidavit of expenses and receipts.--
1368	(4)  This section does not apply to an adoption by a
1369	stepparent or an adoption of a relative or adult, the
1370	finalization of an adoption of a minor if the parental rights
1371	were terminated under chapter 39, or the domestication of an
1372	adoption decree of a minor child adopted in a foreign country.
1373	Section 19.  Section 63.135, Florida Statutes, is amended
1374	to read:
1375	63.135  Information under oath to be submitted to the
1376	court.--
1377	(1)  The adoption entity or petitioner must file an
1378	affidavit under the Uniform Child Custody Jurisdiction and
1379	Enforcement Act in the termination of parental rights Each party
1380	in an adoption proceeding, in the first pleading or in an
1381	affidavit attached to that pleading, shall give information
1382	under oath as to the child's present address, the places where
1383	the child has lived within the last 5 years, and the names and
1384	present addresses of the persons with whom the child has lived
1385	during that period. In the pleading or affidavit each party
1386	shall further declare under oath whether:
1387	(a)  The party has participated as a party or witness or in
1388	any other capacity in any other litigation concerning the
1389	custody of the same child in this or any other state;
1390	(b)  The party has information of any custody proceeding
1391	concerning the child pending in a court of this or any other
1392	state; and
1393	(c)  The party knows of any person not a party to the
1394	proceedings who has physical custody of the child or claims to
1395	have custody or visitation rights with respect to the child.
1396	(2)  If the declaration as to any item specified in
1397	subsection (1) is in the affirmative, the declarant shall give
1398	additional information under oath as required by the court. The
1399	court may examine the parties under oath about details of the
1400	information furnished and other matters pertinent to the court's
1401	jurisdiction and judgment of adoption.
1402	(2)(3)  Each party has a continuing duty to inform the
1403	court of any custody proceeding concerning the child in this or
1404	any other state about which he or she obtained information
1405	during this proceeding.
1406	Section 20.  Subsections (3) and (4) of section 63.142,
1407	Florida Statutes, are amended to read:
1408	63.142  Hearing; judgment of adoption.--
1409	(3)  DISMISSAL.--
1410	(a)  If the petition is dismissed, further proceedings, if
1411	any, regarding the minor must be brought in a separate custody
1412	action under chapter 61, a dependency action under chapter 39,
1413	or a paternity action under chapter 742 the court shall
1414	determine the person that is to have custody of the minor.
1415	(b)  If the petition is dismissed, the court shall state
1416	with specificity the reasons for the dismissal.
1417	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1418	court determines that the date for a parent to file an appeal of
1419	a valid judgment terminating that parent's parental rights has
1420	passed and no appeal, pursuant to the Florida Rules of Appellate
1421	Procedure, is pending and that the adoption is in the best
1422	interest of the person to be adopted, a judgment of adoption
1423	shall be entered. A judgment terminating parental rights pending
1424	adoption is voidable and any later judgment of adoption of that
1425	minor is voidable if, upon a parent's motion for relief from
1426	judgment, the court finds that the adoption substantially fails
1427	to meet the requirements of this chapter. The motion must be
1428	filed within a reasonable time, but not later than 1 year after
1429	the date the judgment terminating parental rights was entered.
1430	Section 21.  Section 63.192, Florida Statutes, is amended
1431	to read:
1432	63.192  Recognition of foreign judgment or decree affecting
1433	adoption.--A judgment of court terminating the relationship of
1434	parent and child or establishing the relationship by adoption,
1435	or a decree granting legal guardianship for purposes of
1436	adoption, issued pursuant to due process of law by a court or
1437	authorized body of any other jurisdiction within or without the
1438	United States shall be recognized in this state, and the rights
1439	and obligations of the parties on matters within the
1440	jurisdiction of this state shall be determined as though the
1441	judgment or decree were issued by a court of this state. A
1442	judgment or decree of a court or authorized body terminating the
1443	relationship of a parent and child, whether independent,
1444	incorporated in an adoption decree, or incorporated in a legal
1445	guardianship order issued pursuant to due process of law of any
1446	other jurisdiction within or without the United States, shall be
1447	deemed to effectively terminate parental rights for purposes of
1448	a proceeding on a petition for adoption in this state. If a
1449	minor child has been made available for adoption in a foreign
1450	state or foreign country and the parental rights of the minor
1451	child's parent have been terminated or the child has been
1452	declared to be abandoned or orphaned, no additional termination
1453	of parental rights proceeding need occur, and the adoption may
1454	be finalized according to the procedures set forth in this
1455	chapter.
1456	Section 22.  Subsection (2) of section 63.212, Florida
1457	Statutes, is amended to read:
1458	63.212  Prohibited acts; penalties for violation.--
1459	(2)(a)  It is unlawful for:
1460	(a)  Any person or adoption entity under this chapter to:
1461	1.  Knowingly provide false information; or
1462	2.  Knowingly withhold material information.
1463	(b)  It is unlawful for A parent, with the intent to
1464	defraud, to accept benefits related to the same pregnancy from
1465	more than one adoption entity without disclosing that fact to
1466	each entity.
1467	(c)  It is unlawful for any person who knows that the
1468	parent whose rights are to be terminated intends to object to
1469	said termination to intentionally file the petition for
1470	termination of parental rights in a county inconsistent with the
1471	required venue under such circumstances.
1472
1473	Any person who willfully violates any provision of this
1474	subsection commits a misdemeanor of the second degree,
1475	punishable as provided in s. 775.082 or s. 775.083. In addition,
1476	the such person is liable for damages caused by such acts or
1477	omissions, including reasonable attorney's fees and costs.
1478	Damages may be awarded through restitution in any related
1479	criminal prosecution or by filing a separate civil action.
1480	Section 23.  Section 63.236, Florida Statutes, is created
1481	to read:
1482	63.236  Petitions filed before July 1, 2009; governing
1483	law.--A petition for termination of parental rights filed before
1484	July 1, 2009, is governed by the law in effect at the time the
1485	petition was filed.
1486	Section 24.  Section 742.021, Florida Statutes, is amended
1487	to read:
1488	742.021  Venue, process, complaint.--
1489	(1)  The proceedings must shall be in the circuit court of
1490	the county where the plaintiff resides or of the county where
1491	the defendant resides.
1492	(2)  The complaint shall assert aver sufficient facts
1493	charging the paternity of the child. Upon filing of a complaint
1494	seeking to determine paternity, the clerk of court shall issue a
1495	notice to each petitioner and to each respondent or defendant
1496	along with service of the petition. The notice must be in
1497	substantially the following form:
1498
1499	In order to preserve the right to notice and consent
1500	to the adoption of the child, an unmarried biological
1501	father must, as the "registrant," file a notarized
1502	claim of paternity form with the Florida Putative
1503	Father Registry maintained by the Office of Vital
1504	Statistics of the Department of Health which includes
1505	confirmation of his willingness and intent to support
1506	the child for whom paternity is claimed in accordance
1507	with state law. The claim of paternity may be filed at
1508	any time before the child's birth, but a claim of
1509	paternity may not be filed after the date a petition
1510	is filed for termination of parental rights.
1511
1512	(3)  Process served on directed to the defendant must
1513	require shall issue forthwith requiring the defendant to file
1514	written defenses to the complaint in the same manner as suits in
1515	chancery. Upon application and proof under oath, the court may
1516	issue a writ of ne exeat against the defendant on such terms and
1517	conditions and conditioned upon bond in such amount as the court
1518	may determine.
1519	Section 25.  Subsection (1) of section 742.10, Florida
1520	Statutes, is amended to read:
1521	742.10  Establishment of paternity for children born out of
1522	wedlock.--
1523	(1)  Except as provided in chapters 39 and 63, this chapter
1524	provides the primary jurisdiction and procedures for the
1525	determination of paternity for children born out of wedlock. If
1526	When the establishment of paternity has been raised and
1527	determined within an adjudicatory hearing brought under the
1528	statutes governing inheritance, or dependency under workers'
1529	compensation or similar compensation programs; if, or when an
1530	affidavit acknowledging paternity or a stipulation of paternity
1531	is executed by both parties and filed with the clerk of the
1532	court; if, or when an affidavit, a notarized voluntary
1533	acknowledgment of paternity, or a voluntary acknowledgment of
1534	paternity that is witnessed by two individuals and signed under
1535	penalty of perjury as provided for in s. 382.013 or s. 382.016
1536	is executed by both parties;, or if when paternity is
1537	adjudicated by the Department of Revenue as provided in s.
1538	409.256, such adjudication, affidavit, or acknowledgment
1539	constitutes the establishment of paternity for purposes of this
1540	chapter. If an no adjudicatory proceeding was not held, a
1541	notarized voluntary acknowledgment of paternity or voluntary
1542	acknowledgment of paternity, which that is witnessed by two
1543	individuals and signed under penalty of perjury as specified by
1544	s. 92.525(2), creates shall create a rebuttable presumption, as
1545	defined by s. 90.304, of paternity and is subject to the right
1546	of any signatory to rescind the acknowledgment within 60 days
1547	after the date the acknowledgment was signed or the date of an
1548	administrative or judicial proceeding relating to the child,
1549	including a proceeding to establish a support order, in which
1550	the signatory is a party, whichever is earlier. Both parents
1551	must provide their social security numbers on any acknowledgment
1552	of paternity, consent affidavit, or stipulation of paternity.
1553	Except for affidavits under seal pursuant to ss. 382.015 and
1554	382.016, the Office of Vital Statistics shall provide certified
1555	copies of affidavits to the Title IV-D agency upon request.
1556	Section 26.  This act shall take effect July 1, 2008.

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