Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1874
       
       
       
       
       
       
                                Barcode 314440                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2012           .                                
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       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 39.802, Florida
    6  Statutes, is amended to read:
    7         39.802 Petition for termination of parental rights; filing;
    8  elements.—
    9         (4) A petition for termination of parental rights filed
   10  under this chapter must contain facts supporting the following
   11  allegations:
   12         (a) That at least one of the grounds listed in s. 39.806
   13  has been met.
   14         (b) That the parents of the child were informed of their
   15  right to counsel at all hearings that they attended and that a
   16  dispositional order adjudicating the child dependent was entered
   17  in any prior dependency proceeding relied upon in offering a
   18  parent a case plan as described in s. 39.806.
   19         (c) That the manifest best interests of the child, in
   20  accordance with s. 39.810, would be served by the granting of
   21  the petition.
   22         (d) That the parents of the child were informed of the
   23  availability of private placement of the child with an adoption
   24  entity, as defined in s. 63.032(3).
   25         Section 2. Paragraphs (e) through (m) of subsection (4) of
   26  section 63.022, Florida Statutes, are redesignated as paragraphs
   27  (d) through (l), respectively, and subsection (2) and present
   28  paragraph (d) of subsection (4) of that section are amended to
   29  read:
   30         63.022 Legislative intent.—
   31         (2) It is the intent of the Legislature that in every
   32  adoption, the best interest of the child should govern and be of
   33  foremost concern in the court’s determination. The court shall
   34  make a specific finding as to the best interests interest of the
   35  child in accordance with the provisions of this chapter.
   36         (4) The basic safeguards intended to be provided by this
   37  chapter are that:
   38         (d) All placements of minors for adoption are reported to
   39  the Department of Children and Family Services, except relative,
   40  adult, and stepparent adoptions.
   41         Section 3. Subsections (1), (3), (12), (17), and (19) of
   42  section 63.032, Florida Statutes, are amended to read:
   43         63.032 Definitions.—As used in this chapter, the term:
   44         (1) “Abandoned” means a situation in which the parent or
   45  person having legal custody of a child, while being able, makes
   46  little or no provision for the child’s support or and makes
   47  little or no effort to communicate with the child, which
   48  situation is sufficient to evince an intent to reject parental
   49  responsibilities. If, in the opinion of the court, the efforts
   50  of such parent or person having legal custody of the child to
   51  support and communicate with the child are only marginal efforts
   52  that do not evince a settled purpose to assume all parental
   53  duties, the court may declare the child to be abandoned. In
   54  making this decision, the court may consider the conduct of a
   55  father towards the child’s mother during her pregnancy.
   56         (3) “Adoption entity” means the department, an agency, a
   57  child-caring agency registered under s. 409.176, an
   58  intermediary, a Florida-licensed child-placing agency, or a
   59  child-placing agency licensed in another state which is
   60  qualified by the department to place children in the State of
   61  Florida.
   62         (12) “Parent” means a woman who gives birth to a child and
   63  who is not a gestational surrogate as defined in s. 742.13 or a
   64  man whose consent to the adoption of the child would be required
   65  under s. 63.062(1). If a child has been legally adopted, the
   66  term “parent” means the adoptive mother or father of the child.
   67  The term does not include an individual whose parental
   68  relationship to the child has been legally terminated or an
   69  alleged or prospective parent.
   70         (17) “Suitability of the intended placement” means the
   71  fitness of the intended placement, with primary consideration
   72  being given to the best interests interest of the child.
   73         (19) “Unmarried biological father” means the child’s
   74  biological father who is not married to the child’s mother at
   75  the time of conception or on the date of the birth of the child
   76  and who, before the filing of a petition to terminate parental
   77  rights, has not been adjudicated by a court of competent
   78  jurisdiction to be the legal father of the child or has not
   79  filed executed an affidavit pursuant to s. 382.013(2)(c).
   80         Section 4. Section 63.037, Florida Statutes, is amended to
   81  read:
   82         63.037 Proceedings applicable to cases resulting from a
   83  termination of parental rights under chapter 39.—A case in which
   84  a minor becomes available for adoption after the parental rights
   85  of each parent have been terminated by a judgment entered
   86  pursuant to chapter 39 shall be governed by s. 39.812 and this
   87  chapter. Adoption proceedings initiated under chapter 39 are
   88  exempt from the following provisions of this chapter: the search
   89  of the Florida Putative Father Registry required in s.
   90  63.054(7), if a search was previously completed and
   91  documentation of the search is contained in the case file;
   92  disclosure requirements for the adoption entity provided in s.
   93  63.085(1); general provisions governing termination of parental
   94  rights pending adoption provided in s. 63.087; notice and
   95  service provisions governing termination of parental rights
   96  pending adoption provided in s. 63.088; and procedures for
   97  terminating parental rights pending adoption provided in s.
   98  63.089.
   99         Section 5. Subsections (2) through (4) of section 63.039,
  100  Florida Statutes, are renumbered as subsections (3) through (5),
  101  respectively, and a new subsection (2) is added to that section
  102  to read:
  103         63.039 Duty of adoption entity to prospective adoptive
  104  parents; sanctions.—
  105         (2) With the exception of an adoption by a relative or
  106  stepparent, all adoptions of minor children require the use of
  107  an adoption entity that will assume the responsibilities
  108  provided in this section.
  109         Section 6. Subsections (2), (4), (7), (8), and (9) of
  110  section 63.0423, Florida Statutes, are amended to read:
  111         63.0423 Procedures with respect to surrendered infants.—
  112         (2) The licensed child-placing agency shall immediately
  113  seek an order from the circuit court for emergency custody of
  114  the surrendered infant. The emergency custody order shall remain
  115  in effect until the court orders preliminary approval of
  116  placement of the surrendered infant in the prospective home, at
  117  which time the prospective adoptive parents become guardians
  118  pending termination of parental rights and finalization of
  119  adoption or until the court orders otherwise. The guardianship
  120  of the prospective adoptive parents shall remain subject to the
  121  right of the licensed child-placing agency to remove the
  122  surrendered infant from the placement during the pendency of the
  123  proceedings if such removal is deemed by the licensed child
  124  placing agency to be in the best interests interest of the
  125  child. The licensed child-placing agency may immediately seek to
  126  place the surrendered infant in a prospective adoptive home.
  127         (4) The parent who surrenders the infant in accordance with
  128  s. 383.50 is presumed to have consented to termination of
  129  parental rights, and express consent is not required. Except
  130  when there is actual or suspected child abuse or neglect, the
  131  licensed child-placing agency shall not attempt to pursue,
  132  search for, or notify that parent as provided in s. 63.088 and
  133  chapter 49. For purposes of s. 383.50 and this section, an
  134  infant who tests positive for illegal drugs, narcotic
  135  prescription drugs, alcohol, or other substances, but shows no
  136  other signs of child abuse or neglect, shall be placed in the
  137  custody of a licensed child placing agency. This provision does
  138  not eliminate the reporting requirement under s. 383.50(7). When
  139  the department is contacted regarding an infant properly
  140  surrendered under this section and s. 383.50, the department
  141  shall provide instruction to contact a licensed child placing
  142  agency and may not take custody of the infant unless reasonable
  143  efforts to contact a licensed child placing agency to accept the
  144  infant have not been successful.
  145         (7) If a claim of parental rights of a surrendered infant
  146  is made before the judgment to terminate parental rights is
  147  entered, the circuit court may hold the action for termination
  148  of parental rights pending subsequent adoption in abeyance for a
  149  period of time not to exceed 60 days.
  150         (a) The court may order scientific testing to determine
  151  maternity or paternity at the expense of the parent claiming
  152  parental rights.
  153         (b) The court shall appoint a guardian ad litem for the
  154  surrendered infant and order whatever investigation, home
  155  evaluation, and psychological evaluation are necessary to
  156  determine what is in the best interests interest of the
  157  surrendered infant.
  158         (c) The court may not terminate parental rights solely on
  159  the basis that the parent left the infant at a hospital,
  160  emergency medical services station, or fire station in
  161  accordance with s. 383.50.
  162         (d) The court shall enter a judgment with written findings
  163  of fact and conclusions of law.
  164         (8) Within 7 business days after recording the judgment,
  165  the clerk of the court shall mail a copy of the judgment to the
  166  department, the petitioner, and any person the persons whose
  167  consent was were required, if known. The clerk shall execute a
  168  certificate of each mailing.
  169         (9)(a) A judgment terminating parental rights pending
  170  adoption is voidable, and any later judgment of adoption of that
  171  minor is voidable, if, upon the motion of a birth parent, the
  172  court finds that a person knowingly gave false information that
  173  prevented the birth parent from timely making known his or her
  174  desire to assume parental responsibilities toward the minor or
  175  from exercising his or her parental rights. A motion under this
  176  subsection must be filed with the court originally entering the
  177  judgment. The motion must be filed within a reasonable time but
  178  not later than 1 year after the entry of the judgment
  179  terminating parental rights.
  180         (b) No later than 30 days after the filing of a motion
  181  under this subsection, the court shall conduct a preliminary
  182  hearing to determine what contact, if any, will be permitted
  183  between a birth parent and the child pending resolution of the
  184  motion. Such contact may be allowed only if it is requested by a
  185  parent who has appeared at the hearing and the court determines
  186  that it is in the best interests interest of the child. If the
  187  court orders contact between a birth parent and the child, the
  188  order must be issued in writing as expeditiously as possible and
  189  must state with specificity any provisions regarding contact
  190  with persons other than those with whom the child resides.
  191         (c) At the preliminary hearing, The court, upon the motion
  192  of any party or upon its own motion, may not order scientific
  193  testing to determine the paternity or maternity of the minor
  194  until such time as the court determines that a previously
  195  entered judgment terminating the parental rights of that parent
  196  is voidable pursuant to paragraph (a), unless all parties agree
  197  that such testing is in the best interests of the child if the
  198  person seeking to set aside the judgment is alleging to be the
  199  child’s birth parent but has not previously been determined by
  200  legal proceedings or scientific testing to be the birth parent.
  201  Upon the filing of test results establishing that person’s
  202  maternity or paternity of the surrendered infant, the court may
  203  order visitation only if it appears to be as it deems
  204  appropriate and in the best interests interest of the child.
  205         (d) Within 45 days after the preliminary hearing, the court
  206  shall conduct a final hearing on the motion to set aside the
  207  judgment and shall enter its written order as expeditiously as
  208  possible thereafter.
  209         Section 7. Subsection (1) of section 63.0425, Florida
  210  Statutes, is amended to read:
  211         63.0425 Grandparent’s right to notice.—
  212         (1) If a child has lived with a grandparent for at least 6
  213  continuous months within the 24-month period immediately
  214  preceding the filing of a petition for termination of parental
  215  rights pending adoption, the adoption entity shall provide
  216  notice to that grandparent of the hearing on the petition.
  217         Section 8. Section 63.0427, Florida Statutes, is amended to
  218  read:
  219         63.0427 Agreements for Adopted minor’s right to continued
  220  communication or contact between adopted child and with
  221  siblings, parents, and other relatives.—
  222         (1) A child whose parents have had their parental rights
  223  terminated and whose custody has been awarded to the department
  224  pursuant to s. 39.811, and who is the subject of a petition for
  225  adoption under this chapter, shall have the right to have the
  226  court consider the appropriateness of postadoption communication
  227  or contact, including, but not limited to, visits, written
  228  correspondence, or telephone calls, with his or her siblings or,
  229  upon agreement of the adoptive parents, with the parents who
  230  have had their parental rights terminated or other specified
  231  biological relatives. The court shall consider the following in
  232  making such determination:
  233         (a) Any orders of the court pursuant to s. 39.811(7).
  234         (b) Recommendations of the department, the foster parents
  235  if other than the adoptive parents, and the guardian ad litem.
  236         (c) Statements of the prospective adoptive parents.
  237         (d) Any other information deemed relevant and material by
  238  the court.
  239  
  240  If the court determines that the child’s best interests will be
  241  served by postadoption communication or contact, the court shall
  242  so order, stating the nature and frequency of for the
  243  communication or contact. This order shall be made a part of the
  244  final adoption order, but in no event shall the continuing
  245  validity of the adoption may not be contingent upon such
  246  postadoption communication or contact and, nor shall the ability
  247  of the adoptive parents and child to change residence within or
  248  outside the State of Florida may not be impaired by such
  249  communication or contact.
  250         (2) Notwithstanding the provisions of s. 63.162, the
  251  adoptive parent may, at any time, petition for review of a
  252  communication or contact order entered pursuant to subsection
  253  (1), if the adoptive parent believes that the best interests of
  254  the adopted child are being compromised, and the court may shall
  255  have authority to order the communication or contact to be
  256  terminated or modified, as the court deems to be in the best
  257  interests of the adopted child; however, the court may not
  258  increase contact between the adopted child and siblings, birth
  259  parents, or other relatives without the consent of the adoptive
  260  parent or parents. As part of the review process, the court may
  261  order the parties to engage in mediation. The department shall
  262  not be required to be a party to such review.
  263         Section 9. Subsections (1), (2), (3), and (6) of section
  264  63.052, Florida Statutes, are amended to read:
  265         63.052 Guardians designated; proof of commitment.—
  266         (1) For minors who have been placed for adoption with and
  267  permanently committed to an adoption entity, other than an
  268  intermediary, such adoption entity shall be the guardian of the
  269  person of the minor and has the responsibility and authority to
  270  provide for the needs and welfare of the minor.
  271         (2) For minors who have been voluntarily surrendered to an
  272  intermediary through an execution of a consent to adoption, the
  273  intermediary shall be responsible for the minor until the time a
  274  court orders preliminary approval of placement of the minor in
  275  the prospective adoptive home, after which time the prospective
  276  adoptive parents shall become guardians pending finalization of
  277  adoption, subject to the intermediary’s right and responsibility
  278  to remove the child from the prospective adoptive home if the
  279  removal is deemed by the intermediary to be in the best
  280  interests interest of the child. The intermediary may not remove
  281  the child without a court order unless the child is in danger of
  282  imminent harm. After the execution of adoption consents, the
  283  intermediary is not responsible for the minor child’s medical
  284  bills that were incurred before taking physical custody of the
  285  child. Before Prior to the court’s entry of an order granting
  286  preliminary approval of the placement, the intermediary shall
  287  have the responsibility and authority to provide for the needs
  288  and welfare of the minor. A No minor may not shall be placed in
  289  a prospective adoptive home until that home has received a
  290  favorable preliminary home study, as provided in s. 63.092,
  291  completed and approved within 1 year before such placement in
  292  the prospective home. The provisions of s. 627.6578 shall remain
  293  in effect notwithstanding the guardianship provisions in this
  294  section.
  295         (3) If a minor is surrendered to an adoption entity for
  296  subsequent adoption and a suitable prospective adoptive home is
  297  not available pursuant to s. 63.092 at the time the minor is
  298  surrendered to the adoption entity, the minor must be placed in
  299  a licensed foster care home, or with a person or family that has
  300  received a favorable preliminary home study pursuant to
  301  subsection (2), or with a relative until such a suitable
  302  prospective adoptive home is available.
  303         (6) Unless otherwise authorized by law or ordered by the
  304  court, the department is not responsible for expenses incurred
  305  by other adoption entities participating in a placement of a
  306  minor.
  307         Section 10. Subsections (2) and (3) of section 63.053,
  308  Florida Statutes, are amended to read:
  309         63.053 Rights and responsibilities of an unmarried
  310  biological father; legislative findings.—
  311         (2) The Legislature finds that the interests of the state,
  312  the mother, the child, and the adoptive parents described in
  313  this chapter outweigh the interest of an unmarried biological
  314  father who does not take action in a timely manner to establish
  315  and demonstrate a relationship with his child in accordance with
  316  the requirements of this chapter. An unmarried biological father
  317  has the primary responsibility to protect his rights and is
  318  presumed to know that his child may be adopted without his
  319  consent unless he strictly complies with the provisions of this
  320  chapter and demonstrates a prompt and full commitment to his
  321  parental responsibilities.
  322         (3) The Legislature finds that a birth mother and a birth
  323  father have a right of to privacy.
  324         Section 11. Subsections (1), (2), (4), and (13) of section
  325  63.054, Florida Statutes, are amended to read:
  326         63.054 Actions required by an unmarried biological father
  327  to establish parental rights; Florida Putative Father Registry.—
  328         (1) In order to preserve the right to notice and consent to
  329  an adoption under this chapter, an unmarried biological father
  330  must, as the “registrant,” file a notarized claim of paternity
  331  form with the Florida Putative Father Registry maintained by the
  332  Office of Vital Statistics of the Department of Health which
  333  includes confirmation of his willingness and intent to support
  334  the child for whom paternity is claimed in accordance with state
  335  law. The claim of paternity may be filed at any time before the
  336  child’s birth, but may not be filed after the date a petition is
  337  filed for termination of parental rights. In each proceeding for
  338  termination of parental rights, the petitioner must submit to
  339  the Office of Vital Statistics a copy of the petition for
  340  termination of parental rights or a document executed by the
  341  clerk of the court showing the style of the case, the names of
  342  the persons whose rights are sought to be terminated, and the
  343  date and time of the filing of the petition. The Office of Vital
  344  Statistics may not record a claim of paternity after the date a
  345  petition for termination of parental rights is filed. The
  346  failure of an unmarried biological father to file a claim of
  347  paternity with the registry before the date a petition for
  348  termination of parental rights is filed also bars him from
  349  filing a paternity claim under chapter 742.
  350         (a) An unmarried biological father is excepted from the
  351  time limitations for filing a claim of paternity with the
  352  registry or for filing a paternity claim under chapter 742, if:
  353         1. The mother identifies him to the adoption entity as a
  354  potential biological father by the date she executes a consent
  355  for adoption; and
  356         2. He is served with a notice of intended adoption plan
  357  pursuant to s. 63.062(3) and the 30-day mandatory response date
  358  is later than the date the petition for termination of parental
  359  rights is filed with the court.
  360         (b) If an unmarried biological father falls within the
  361  exception provided by paragraph (a), the petitioner shall also
  362  submit to the Office of Vital Statistics a copy of the notice of
  363  intended adoption plan and proof of service of the notice on the
  364  potential biological father.
  365         (c) An unmarried biological father who falls within the
  366  exception provided by paragraph (a) may not file a claim of
  367  paternity with the registry or a paternity claim under chapter
  368  742 after the 30-day mandatory response date to the notice of
  369  intended adoption plan has expired. The Office of Vital
  370  Statistics may not record a claim of paternity 30 days after
  371  service of the notice of intended adoption plan.
  372         (2) By filing a claim of paternity form with the Office of
  373  Vital Statistics, the registrant expressly consents to submit to
  374  and pay for DNA testing upon the request of any party, the
  375  registrant, or the adoption entity with respect to the child
  376  referenced in the claim of paternity.
  377         (4) Upon initial registration, or at any time thereafter,
  378  the registrant may designate a physical an address other than
  379  his residential address for sending any communication regarding
  380  his registration. Similarly, upon initial registration, or at
  381  any time thereafter, the registrant may designate, in writing,
  382  an agent or representative to receive any communication on his
  383  behalf and receive service of process. The agent or
  384  representative must file an acceptance of the designation, in
  385  writing, in order to receive notice or service of process. The
  386  failure of the designated representative or agent of the
  387  registrant to deliver or otherwise notify the registrant of
  388  receipt of correspondence from the Florida Putative Father
  389  Registry is at the registrant’s own risk and may shall not serve
  390  as a valid defense based upon lack of notice.
  391         (13) The filing of a claim of paternity with the Florida
  392  Putative Father Registry does not excuse or waive the obligation
  393  of a petitioner to comply with the requirements of s. 63.088(4)
  394  for conducting a diligent search and required inquiry with
  395  respect to the identity of an unmarried biological father or
  396  legal father which are set forth in this chapter.
  397         Section 12. Paragraph (b) of subsection (1), subsections
  398  (2), (3), and (4), and paragraph (a) of subsection (8) of
  399  section 63.062, Florida Statutes, are amended to read:
  400         63.062 Persons required to consent to adoption; affidavit
  401  of nonpaternity; waiver of venue.—
  402         (1) Unless supported by one or more of the grounds
  403  enumerated under s. 63.089(3), a petition to terminate parental
  404  rights pending adoption may be granted only if written consent
  405  has been executed as provided in s. 63.082 after the birth of
  406  the minor or notice has been served under s. 63.088 to:
  407         (b) The father of the minor, if:
  408         1. The minor was conceived or born while the father was
  409  married to the mother;
  410         2. The minor is his child by adoption;
  411         3. The minor has been adjudicated by the court to be his
  412  child before by the date a petition is filed for termination of
  413  parental rights is filed;
  414         4. He has filed an affidavit of paternity pursuant to s.
  415  382.013(2)(c) or he is listed on the child’s birth certificate
  416  before by the date a petition is filed for termination of
  417  parental rights is filed; or
  418         5. In the case of an unmarried biological father, he has
  419  acknowledged in writing, signed in the presence of a competent
  420  witness, that he is the father of the minor, has filed such
  421  acknowledgment with the Office of Vital Statistics of the
  422  Department of Health within the required timeframes, and has
  423  complied with the requirements of subsection (2).
  424  
  425  The status of the father shall be determined at the time of the
  426  filing of the petition to terminate parental rights and may not
  427  be modified, except as otherwise provided in s. 63.0423(9)(a),
  428  for purposes of his obligations and rights under this chapter by
  429  acts occurring after the filing of the petition to terminate
  430  parental rights.
  431         (2) In accordance with subsection (1), the consent of an
  432  unmarried biological father shall be necessary only if the
  433  unmarried biological father has complied with the requirements
  434  of this subsection.
  435         (a)1. With regard to a child who is placed with adoptive
  436  parents more than 6 months after the child’s birth, an unmarried
  437  biological father must have developed a substantial relationship
  438  with the child, taken some measure of responsibility for the
  439  child and the child’s future, and demonstrated a full commitment
  440  to the responsibilities of parenthood by providing reasonable
  441  and regular financial support to the child in accordance with
  442  the unmarried biological father’s ability, if not prevented from
  443  doing so by the person or authorized adoption entity agency
  444  having lawful custody of the child, and either:
  445         a. Regularly visited the child at least monthly, when
  446  physically and financially able to do so and when not prevented
  447  from doing so by the birth mother or the person or authorized
  448  agency having lawful custody of the child; or
  449         b. Maintained regular communication with the child or with
  450  the person or agency having the care or custody of the child,
  451  when physically or financially unable to visit the child or when
  452  not prevented from doing so by the birth mother or person or
  453  authorized agency having lawful custody of the child.
  454         2. The mere fact that an unmarried biological father
  455  expresses a desire to fulfill his responsibilities towards his
  456  child which is unsupported by acts evidencing this intent does
  457  not preclude a finding by the court that the unmarried
  458  biological father failed to comply with the requirements of this
  459  subsection.
  460         2.3. An unmarried biological father who openly lived with
  461  the child for at least 6 months within the 1-year period
  462  following the birth of the child and immediately preceding
  463  placement of the child with adoptive parents and who openly held
  464  himself out to be the father of the child during that period
  465  shall be deemed to have developed a substantial relationship
  466  with the child and to have otherwise met the requirements of
  467  this paragraph.
  468         (b) With regard to a child who is younger than 6 months of
  469  age or younger at the time the child is placed with the adoptive
  470  parents, an unmarried biological father must have demonstrated a
  471  full commitment to his parental responsibility by having
  472  performed all of the following acts prior to the time the mother
  473  executes her consent for adoption:
  474         1. Filed a notarized claim of paternity form with the
  475  Florida Putative Father Registry within the Office of Vital
  476  Statistics of the Department of Health, which form shall be
  477  maintained in the confidential registry established for that
  478  purpose and shall be considered filed when the notice is entered
  479  in the registry of notices from unmarried biological fathers.
  480         2. Upon service of a notice of an intended adoption plan or
  481  a petition for termination of parental rights pending adoption,
  482  executed and filed an affidavit in that proceeding stating that
  483  he is personally fully able and willing to take responsibility
  484  for the child, setting forth his plans for care of the child,
  485  and agreeing to a court order of child support and a
  486  contribution to the payment of living and medical expenses
  487  incurred for the mother’s pregnancy and the child’s birth in
  488  accordance with his ability to pay.
  489         3. If he had knowledge of the pregnancy, paid a fair and
  490  reasonable amount of the living and medical expenses incurred in
  491  connection with the mother’s pregnancy and the child’s birth, in
  492  accordance with his financial ability and when not prevented
  493  from doing so by the birth mother or person or authorized agency
  494  having lawful custody of the child. The responsibility of the
  495  unmarried biological father to provide financial assistance to
  496  the birth mother during her pregnancy and to the child after
  497  birth is not abated because support is being provided to the
  498  birth mother or child by the adoption entity, a prospective
  499  adoptive parent, or a third party, nor does it serve as a basis
  500  to excuse the birth father’s failure to provide support.
  501         (c) The mere fact that a father expresses a desire to
  502  fulfill his responsibilities toward his child which is
  503  unsupported by acts evidencing this intent does not meet the
  504  requirements of this section.
  505         (d)(c) The petitioner shall file with the court a
  506  certificate from the Office of Vital Statistics stating that a
  507  diligent search has been made of the Florida Putative Father
  508  Registry of notices from unmarried biological fathers described
  509  in subparagraph (b)1. and that no filing has been found
  510  pertaining to the father of the child in question or, if a
  511  filing is found, stating the name of the putative father and the
  512  time and date of filing. That certificate shall be filed with
  513  the court prior to the entry of a final judgment of termination
  514  of parental rights.
  515         (e)(d) An unmarried biological father who does not comply
  516  with each of the conditions provided in this subsection is
  517  deemed to have waived and surrendered any rights in relation to
  518  the child, including the right to notice of any judicial
  519  proceeding in connection with the adoption of the child, and his
  520  consent to the adoption of the child is not required.
  521         (3) Pursuant to chapter 48, an adoption entity shall serve
  522  a notice of intended adoption plan upon any known and locatable
  523  unmarried biological father who is identified to the adoption
  524  entity by the mother by the date she signs her consent for
  525  adoption if the child is 6 months of age or younger at the time
  526  the consent is executed or who is identified by a diligent
  527  search of the Florida Putative Father Registry, or upon an
  528  entity whose consent is required. Service of the notice of
  529  intended adoption plan is not required mandatory when the
  530  unmarried biological father signs a consent for adoption or an
  531  affidavit of nonpaternity or when the child is more than 6
  532  months of age at the time of the execution of the consent by the
  533  mother. The notice may be served at any time before the child’s
  534  birth or before placing the child in the adoptive home. The
  535  recipient of the notice may waive service of process by
  536  executing a waiver and acknowledging receipt of the plan. The
  537  notice of intended adoption plan must specifically state that if
  538  the unmarried biological father desires to contest the adoption
  539  plan he must, within 30 days after service, file with the court
  540  a verified response that contains a pledge of commitment to the
  541  child in substantial compliance with subparagraph (2)(b)2. and a
  542  claim of paternity form with the Office of Vital Statistics, and
  543  must provide the adoption entity with a copy of the verified
  544  response filed with the court and the claim of paternity form
  545  filed with the Office of Vital Statistics. The notice must also
  546  include instructions for submitting a claim of paternity form to
  547  the Office of Vital Statistics and the address to which the
  548  claim must be sent. If the party served with the notice of
  549  intended adoption plan is an entity whose consent is required,
  550  the notice must specifically state that the entity must file,
  551  within 30 days after service, a verified response setting forth
  552  a legal basis for contesting the intended adoption plan,
  553  specifically addressing the best interests interest of the
  554  child.
  555         (a) If the unmarried biological father or entity whose
  556  consent is required fails to timely and properly file a verified
  557  response with the court and, in the case of an unmarried
  558  biological father, a claim of paternity form with the Office of
  559  Vital Statistics, the court shall enter a default judgment
  560  against the any unmarried biological father or entity and the
  561  consent of that unmarried biological father or entity shall no
  562  longer be required under this chapter and shall be deemed to
  563  have waived any claim of rights to the child. To avoid an entry
  564  of a default judgment, within 30 days after receipt of service
  565  of the notice of intended adoption plan:
  566         1. The unmarried biological father must:
  567         a. File a claim of paternity with the Florida Putative
  568  Father Registry maintained by the Office of Vital Statistics;
  569         b. File a verified response with the court which contains a
  570  pledge of commitment to the child in substantial compliance with
  571  subparagraph (2)(b)2.; and
  572         c. Provide support for the birth mother and the child.
  573         2. The entity whose consent is required must file a
  574  verified response setting forth a legal basis for contesting the
  575  intended adoption plan, specifically addressing the best
  576  interests interest of the child.
  577         (b) If the mother identifies a potential unmarried
  578  biological father within the timeframes required by the statute,
  579  whose location is unknown, the adoption entity shall conduct a
  580  diligent search pursuant to s. 63.088. If, upon completion of a
  581  diligent search, the potential unmarried biological father’s
  582  location remains unknown and a search of the Florida Putative
  583  Father Registry fails to reveal a match, the adoption entity
  584  shall request in the petition for termination of parental rights
  585  pending adoption that the court declare the diligent search to
  586  be in compliance with s. 63.088, that the adoption entity has no
  587  further obligation to provide notice to the potential unmarried
  588  biological father, on or before the date of filing a petition to
  589  terminate parental rights, and that the potential unmarried
  590  biological father’s consent to the adoption is not required.
  591         (4) Any person whose consent is required under paragraph
  592  (1)(b), or any other man, may execute an irrevocable affidavit
  593  of nonpaternity in lieu of a consent under this section and by
  594  doing so waives notice to all court proceedings after the date
  595  of execution. An affidavit of nonpaternity must be executed as
  596  provided in s. 63.082. The affidavit of nonpaternity may be
  597  executed prior to the birth of the child. The person executing
  598  the affidavit must receive disclosure under s. 63.085 prior to
  599  signing the affidavit. For purposes of this chapter, an
  600  affidavit of nonpaternity is sufficient if it contains a
  601  specific denial of parental obligations, and does not need to
  602  deny the existence of a biological relationship.
  603         (8) A petition to adopt an adult may be granted if:
  604         (a) Written consent to adoption has been executed by the
  605  adult and the adult’s spouse, if any, unless the spouse’s
  606  consent is waived by the court for good cause.
  607         Section 13. Subsection (2) of section 63.063, Florida
  608  Statutes, is amended to read:
  609         63.063 Responsibility of parents for actions; fraud or
  610  misrepresentation; contesting termination of parental rights and
  611  adoption.—
  612         (2) Any person injured by a fraudulent representation or
  613  action in connection with an adoption may pursue civil or
  614  criminal penalties as provided by law. A fraudulent
  615  representation is not a defense to compliance with the
  616  requirements of this chapter and is not a basis for dismissing a
  617  petition for termination of parental rights or a petition for
  618  adoption, for vacating an adoption decree, or for granting
  619  custody to the offended party. Custody and adoption
  620  determinations must be based on the best interests interest of
  621  the child in accordance with s. 61.13.
  622         Section 14. Paragraph (d) of subsection (1), paragraphs (c)
  623  and (d) of subsection (3), paragraphs (a), (d), and (e) of
  624  subsection (4), and subsections (6) and (7) of section 63.082,
  625  Florida Statutes, are amended to read:
  626         63.082 Execution of consent to adoption or affidavit of
  627  nonpaternity; family social and medical history; revocation
  628  withdrawal of consent.—
  629         (1)
  630         (d) The notice and consent provisions of this chapter as
  631  they relate to the father birth of a child or to legal fathers
  632  do not apply in cases in which the child is conceived as a
  633  result of a violation of the criminal laws of this or another
  634  state or country, including, but not limited to, sexual battery,
  635  unlawful sexual activity with certain minors under s. 794.05,
  636  lewd acts perpetrated upon a minor, or incest. A criminal
  637  conviction is not required for the court to find that the child
  638  was conceived as a result of a violation of the criminal laws of
  639  this state or another state or country.
  640         (3)
  641         (c) If any person who is required to consent is unavailable
  642  because the person cannot be located, an the petition to
  643  terminate parental rights pending adoption must be accompanied
  644  by the affidavit of diligent search required under s. 63.088
  645  shall be filed.
  646         (d) If any person who is required to consent is unavailable
  647  because the person is deceased, the petition to terminate
  648  parental rights pending adoption must be accompanied by a
  649  certified copy of the death certificate. In an adoption of a
  650  stepchild or a relative, the certified copy of the death
  651  certificate of the person whose consent is required may must be
  652  attached to the petition for adoption if a separate petition for
  653  termination of parental rights is not being filed.
  654         (4)(a) An affidavit of nonpaternity may be executed before
  655  the birth of the minor; however, the consent to an adoption may
  656  shall not be executed before the birth of the minor except in a
  657  preplanned adoption pursuant to s. 63.213.
  658         (d) The consent to adoption or the affidavit of
  659  nonpaternity must be signed in the presence of two witnesses and
  660  be acknowledged before a notary public who is not signing as one
  661  of the witnesses. The notary public must legibly note on the
  662  consent or the affidavit the date and time of execution. The
  663  witnesses’ names must be typed or printed underneath their
  664  signatures. The witnesses’ home or business addresses must be
  665  included. The person who signs the consent or the affidavit has
  666  the right to have at least one of the witnesses be an individual
  667  who does not have an employment, professional, or personal
  668  relationship with the adoption entity or the prospective
  669  adoptive parents. The adoption entity must give reasonable
  670  advance notice to the person signing the consent or affidavit of
  671  the right to select a witness of his or her own choosing. The
  672  person who signs the consent or affidavit must acknowledge in
  673  writing on the consent or affidavit that such notice was given
  674  and indicate the witness, if any, who was selected by the person
  675  signing the consent or affidavit. The adoption entity must
  676  include its name, address, and telephone number on the consent
  677  to adoption or affidavit of nonpaternity.
  678         (e) A consent to adoption being executed by the birth
  679  parent must be in at least 12-point boldfaced type and shall
  680  contain the following recitation of rights in substantially the
  681  following form:
  682                         CONSENT TO ADOPTION                       
  683  
  684         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES
  685  NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP
  686  WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO
  687  BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
  688  WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
  689  NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
  690  WITNESSES YOU SELECTED, IF ANY.
  691  
  692         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY
  693  OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE
  694  SIGNING THIS CONSENT:
  695  
  696         1. CONSULT WITH AN ATTORNEY;
  697         2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
  698  LEGALLY PROHIBITED;
  699         3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
  700  FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
  701         4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED;
  702  AND
  703         5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
  704  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
  705  
  706         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS
  707  TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
  708  EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
  709  YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
  710  FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL
  711  OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
  712  IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
  713  FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
  714  BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
  715  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
  716  SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
  717  CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
  718  BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
  719  BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
  720  VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED
  721  WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
  722  DURESS.
  723  
  724         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR
  725  DURESS AND YOU WISH TO INVALIDATE REVOKE THAT CONSENT, YOU MUST:
  726  
  727         1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
  728  YOU WISH TO WITHDRAW YOUR CONSENT; AND
  729         2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
  730  DURESS.
  731  
  732  This statement of rights is not required for the adoption of a
  733  relative, an adult, a stepchild, or a child older than 6 months
  734  of age. A consent form for the adoption of a child older than 6
  735  months of age at the time of the execution of consent must
  736  contain a statement outlining the revocation rights provided in
  737  paragraph (c).
  738         (6)(a) If a parent executes a consent for placement of a
  739  minor with an adoption entity or qualified prospective adoptive
  740  parents and the minor child is in the custody of the department,
  741  but parental rights have not yet been terminated, the adoption
  742  consent is valid, binding, and enforceable by the court.
  743         (b) Upon execution of the consent of the parent, the
  744  adoption entity shall be permitted to may intervene in the
  745  dependency case as a party in interest and must provide the
  746  court that acquired having jurisdiction over the minor, pursuant
  747  to the shelter or dependency petition filed by the department, a
  748  copy of the preliminary home study of the prospective adoptive
  749  parents and any other evidence of the suitability of the
  750  placement. The preliminary home study must be maintained with
  751  strictest confidentiality within the dependency court file and
  752  the department’s file. A preliminary home study must be provided
  753  to the court in all cases in which an adoption entity has
  754  intervened pursuant to this section. Unless the court has
  755  concerns regarding the qualifications of the home study
  756  provider, or concerns that the home study may not be adequate to
  757  determine the best interests of the child, the home study
  758  provided by the adoption entity shall be deemed to be sufficient
  759  and no additional home study needs to be performed by the
  760  department.
  761         (c) If an adoption entity files a motion to intervene in
  762  the dependency case in accordance with this chapter, the
  763  dependency court shall promptly grant a hearing to determine
  764  whether the adoption entity has filed the required documents to
  765  be permitted to intervene and whether a change of placement of
  766  the child is appropriate. At the time the court orders
  767  intervention, the adoption entity shall provide the prospective
  768  adoptive parents with a written list of all MAP class training
  769  programs within a 50 mile radius of the residence of the
  770  prospective adoptive parents.
  771         (d)(c) Upon a determination by the court that the
  772  prospective adoptive parents are properly qualified to adopt the
  773  minor child and that the adoption appears to be in the best
  774  interests interest of the minor child, the court shall
  775  immediately order the transfer of custody of the minor child to
  776  the prospective adoptive parents, under the supervision of the
  777  adoption entity. The adoption entity shall thereafter provide
  778  monthly supervision reports to the department until finalization
  779  of the adoption.
  780         (e)(d) In determining whether the best interests interest
  781  of the child are is served by transferring the custody of the
  782  minor child to the prospective adoptive parent selected by the
  783  parent, the court shall consider the rights of the parent to
  784  determine an appropriate placement for the child, the permanency
  785  offered, the child’s bonding with any potential adoptive home
  786  that the child has been residing in, and the importance of
  787  maintaining sibling relationships, if possible.
  788         (7) If a person is seeking to revoke withdraw consent for a
  789  child older than 6 months of age who has been placed with
  790  prospective adoptive parents:
  791         (a) The person seeking to revoke withdraw consent must, in
  792  accordance with paragraph (4)(c), notify the adoption entity in
  793  writing by certified mail, return receipt requested, within 3
  794  business days after execution of the consent. As used in this
  795  subsection, the term “business day” means any day on which the
  796  United States Postal Service accepts certified mail for
  797  delivery.
  798         (b) Upon receiving timely written notice from a person
  799  whose consent to adoption is required of that person’s desire to
  800  revoke withdraw consent, the adoption entity must contact the
  801  prospective adoptive parent to arrange a time certain for the
  802  adoption entity to regain physical custody of the minor, unless,
  803  upon a motion for emergency hearing by the adoption entity, the
  804  court determines in written findings that placement of the minor
  805  with the person who had legal or physical custody of the child
  806  immediately before the child was placed for adoption may
  807  endanger the minor or that the person who desires to revoke
  808  withdraw consent is not required to consent to the adoption, has
  809  been determined to have abandoned the child, or is otherwise
  810  subject to a determination that the person’s consent is waived
  811  under this chapter.
  812         (c) If the court finds that the placement may endanger the
  813  minor, the court shall enter an order continuing the placement
  814  of the minor with the prospective adoptive parents pending
  815  further proceedings if they desire continued placement. If the
  816  prospective adoptive parents do not desire continued placement,
  817  the order must include, but need not be limited to, a
  818  determination of whether temporary placement in foster care,
  819  with the person who had legal or physical custody of the child
  820  immediately before placing the child for adoption, or with a
  821  relative is in the best interests interest of the child and
  822  whether an investigation by the department is recommended.
  823         (d) If the person revoking withdrawing consent claims to be
  824  the father of the minor but has not been established to be the
  825  father by marriage, court order, or scientific testing, the
  826  court may order scientific paternity testing and reserve ruling
  827  on removal of the minor until the results of such testing have
  828  been filed with the court.
  829         (e) The adoption entity must return the minor within 3
  830  business days after timely and proper notification of the
  831  revocation withdrawal of consent or after the court determines
  832  that revocation withdrawal is timely and in accordance with the
  833  requirements of this chapter valid and binding upon
  834  consideration of an emergency motion, as filed pursuant to
  835  paragraph (b), to the physical custody of the person revoking
  836  withdrawing consent or the person directed by the court. If the
  837  person seeking to revoke withdraw consent claims to be the
  838  father of the minor but has not been established to be the
  839  father by marriage, court order, or scientific testing, the
  840  adoption entity may return the minor to the care and custody of
  841  the mother, if she desires such placement and she is not
  842  otherwise prohibited by law from having custody of the child.
  843         (f) Following the revocation period for withdrawal of
  844  consent described in paragraph (a), or the placement of the
  845  child with the prospective adoptive parents, whichever occurs
  846  later, consent may be set aside withdrawn only when the court
  847  finds that the consent was obtained by fraud or duress.
  848         (g) An affidavit of nonpaternity may be set aside withdrawn
  849  only if the court finds that the affidavit was obtained by fraud
  850  or duress.
  851         (h) If the consent of one parent is set aside or revoked in
  852  accordance with this chapter, any other consents executed by the
  853  other parent or a third party whose consent is required for the
  854  adoption of the child may not be used by the parent whose
  855  consent was revoked or set aside to terminate or diminish the
  856  rights of the other parent or third party whose consent was
  857  required for the adoption of the child.
  858         Section 15. Subsection (1) and paragraph (a) of subsection
  859  (2) of section 63.085, Florida Statutes, are amended, and
  860  paragraph (c) is added to subsection (2) of that section, to
  861  read:
  862         63.085 Disclosure by adoption entity.—
  863         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
  864  PARENTS.—Within 14 days after a person seeking to adopt a minor
  865  or a person seeking to place a minor for adoption contacts an
  866  adoption entity in person or provides the adoption entity with a
  867  mailing address, the entity must provide a written disclosure
  868  statement to that person if the entity agrees or continues to
  869  work with the person. The adoption entity shall also provide the
  870  written disclosure to the parent who did not initiate contact
  871  with the adoption entity within 14 days after that parent is
  872  identified and located. For purposes of providing the written
  873  disclosure, a person is considered to be seeking to place a
  874  minor for adoption if that person has sought information or
  875  advice from the adoption entity regarding the option of adoptive
  876  placement. The written disclosure statement must be in
  877  substantially the following form:
  878  
  879                         ADOPTION DISCLOSURE                       
  880         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO
  881  ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A
  882  MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS
  883  REGARDING ADOPTION UNDER FLORIDA LAW:
  884  
  885         1. The name, address, and telephone number of the adoption
  886  entity providing this disclosure is:
  887         Name:
  888         Address:
  889         Telephone Number:
  890         2. The adoption entity does not provide legal
  891  representation or advice to parents or anyone signing a consent
  892  for adoption or affidavit of nonpaternity, and parents have the
  893  right to consult with an attorney of their own choosing to
  894  advise them.
  895         3. With the exception of an adoption by a stepparent or
  896  relative, a child cannot be placed into a prospective adoptive
  897  home unless the prospective adoptive parents have received a
  898  favorable preliminary home study, including criminal and child
  899  abuse clearances.
  900         4. A valid consent for adoption may not be signed by the
  901  birth mother until 48 hours after the birth of the child, or the
  902  day the birth mother is notified, in writing, that she is fit
  903  for discharge from the licensed hospital or birth center. Any
  904  man may sign a valid consent for adoption at any time after the
  905  birth of the child.
  906         5. A consent for adoption signed before the child attains
  907  the age of 6 months is binding and irrevocable from the moment
  908  it is signed unless it can be proven in court that the consent
  909  was obtained by fraud or duress. A consent for adoption signed
  910  after the child attains the age of 6 months is valid from the
  911  moment it is signed; however, it may be revoked up to 3 business
  912  days after it was signed.
  913         6. A consent for adoption is not valid if the signature of
  914  the person who signed the consent was obtained by fraud or
  915  duress.
  916         7. An unmarried biological father must act immediately in
  917  order to protect his parental rights. Section 63.062, Florida
  918  Statutes, prescribes that any father seeking to establish his
  919  right to consent to the adoption of his child must file a claim
  920  of paternity with the Florida Putative Father Registry
  921  maintained by the Office of Vital Statistics of the Department
  922  of Health by the date a petition to terminate parental rights is
  923  filed with the court, or within 30 days after receiving service
  924  of a Notice of Intended Adoption Plan. If he receives a Notice
  925  of Intended Adoption Plan, he must file a claim of paternity
  926  with the Florida Putative Father Registry, file a parenting plan
  927  with the court, and provide financial support to the mother or
  928  child within 30 days following service. An unmarried biological
  929  father’s failure to timely respond to a Notice of Intended
  930  Adoption Plan constitutes an irrevocable legal waiver of any and
  931  all rights that the father may have to the child. A claim of
  932  paternity registration form for the Florida Putative Father
  933  Registry may be obtained from any local office of the Department
  934  of Health, Office of Vital Statistics, the Department of
  935  Children and Families, the Internet websites for these agencies,
  936  and the offices of the clerks of the Florida circuit courts. The
  937  claim of paternity form must be submitted to the Office of Vital
  938  Statistics, Attention: Adoption Unit, P.O. Box 210,
  939  Jacksonville, FL 32231.
  940         8. There are alternatives to adoption, including foster
  941  care, relative care, and parenting the child. There may be
  942  services and sources of financial assistance in the community
  943  available to parents if they choose to parent the child.
  944         9. A parent has the right to have a witness of his or her
  945  choice, who is unconnected with the adoption entity or the
  946  adoptive parents, to be present and witness the signing of the
  947  consent or affidavit of nonpaternity.
  948         10. A parent 14 years of age or younger must have a parent,
  949  legal guardian, or court-appointed guardian ad litem to assist
  950  and advise the parent as to the adoption plan and to witness
  951  consent.
  952         11. A parent has a right to receive supportive counseling
  953  from a counselor, social worker, physician, clergy, or attorney.
  954         12. The payment of living or medical expenses by the
  955  prospective adoptive parents before the birth of the child does
  956  not, in any way, obligate the parent to sign the consent for
  957  adoption.
  958         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
  959         (a) At the time that an adoption entity is responsible for
  960  selecting prospective adoptive parents for a born or unborn
  961  child whose parents are seeking to place the child for adoption
  962  or whose rights were terminated pursuant to chapter 39, the
  963  adoption entity must provide the prospective adoptive parents
  964  with information concerning the background of the child to the
  965  extent such information is disclosed to the adoption entity by
  966  the parents, legal custodian, or the department. This subsection
  967  applies only if the adoption entity identifies the prospective
  968  adoptive parents and supervises the physical placement of the
  969  child in the prospective adoptive parents’ home. If any
  970  information cannot be disclosed because the records custodian
  971  failed or refused to produce the background information, the
  972  adoption entity has a duty to provide the information if it
  973  becomes available. An individual or entity contacted by an
  974  adoption entity to obtain the background information must
  975  release the requested information to the adoption entity without
  976  the necessity of a subpoena or a court order. In all cases, the
  977  prospective adoptive parents must receive all available
  978  information by the date of the final hearing on the petition for
  979  adoption. The information to be disclosed includes:
  980         1. A family social and medical history form completed
  981  pursuant to s. 63.162(6).
  982         2. The biological mother’s medical records documenting her
  983  prenatal care and the birth and delivery of the child.
  984         3. A complete set of the child’s medical records
  985  documenting all medical treatment and care since the child’s
  986  birth and before placement.
  987         4. All mental health, psychological, and psychiatric
  988  records, reports, and evaluations concerning the child before
  989  placement.
  990         5. The child’s educational records, including all records
  991  concerning any special education needs of the child before
  992  placement.
  993         6. Records documenting all incidents that required the
  994  department to provide services to the child, including all
  995  orders of adjudication of dependency or termination of parental
  996  rights issued pursuant to chapter 39, any case plans drafted to
  997  address the child’s needs, all protective services
  998  investigations identifying the child as a victim, and all
  999  guardian ad litem reports filed with the court concerning the
 1000  child.
 1001         7. Written information concerning the availability of
 1002  adoption subsidies for the child, if applicable.
 1003         (c) If the cost to the prospective adoptive parent or
 1004  parents of obtaining the medical records described in paragraph
 1005  (a) exceeds $500, the prospective adoptive parent or parents may
 1006  waive the receipt of the records by providing written
 1007  notification of the waiver to the adoption entity and filing a
 1008  copy of the written notification in the court file.
 1009         Section 16. Subsection (6) of section 63.087, Florida
 1010  Statutes, is amended to read:
 1011         63.087 Proceeding to terminate parental rights pending
 1012  adoption; general provisions.—
 1013         (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the
 1014  petition or any pleading requiring an answer must be filed in
 1015  accordance with the Florida Family Law Rules of Procedure.
 1016  Failure to file a written response to the petition constitutes
 1017  grounds upon which the court may terminate parental rights.
 1018  Failure to personally appear at the hearing constitutes grounds
 1019  upon which the court may terminate parental rights. Any person
 1020  present at the hearing to terminate parental rights pending
 1021  adoption whose consent to adoption is required under s. 63.062
 1022  must:
 1023         (a) Be advised by the court that he or she has a right to
 1024  ask that the hearing be reset for a later date so that the
 1025  person may consult with an attorney; and
 1026         (b) Be given an opportunity to admit or deny the
 1027  allegations in the petition.
 1028         Section 17. Subsection (4) of section 63.088, Florida
 1029  Statutes, is amended to read:
 1030         63.088 Proceeding to terminate parental rights pending
 1031  adoption; notice and service; diligent search.—
 1032         (4) REQUIRED INQUIRY.—In proceedings initiated under s.
 1033  63.087, the court shall conduct an inquiry of the person who is
 1034  placing the minor for adoption and of any relative or person
 1035  having legal custody of the minor who is present at the hearing
 1036  and likely to have the following information regarding the
 1037  identity of:
 1038         (a) Any man to whom the mother of the minor was married at
 1039  any time when conception of the minor may have occurred or at
 1040  the time of the birth of the minor;
 1041         (b) Any man who has filed an affidavit of paternity
 1042  pursuant to s. 382.013(2)(c) before the date that a petition for
 1043  termination of parental rights is filed with the court;
 1044         (c) Any man who has adopted the minor;
 1045         (d) Any man who has been adjudicated by a court as the
 1046  father of the minor child before the date a petition for
 1047  termination of parental rights is filed with the court; and
 1048         (e) Any man whom the mother identified to the adoption
 1049  entity as a potential biological father before the date she
 1050  signed the consent for adoption.
 1051  
 1052  The information sought under this subsection may be provided to
 1053  the court in the form of a sworn affidavit by a person having
 1054  personal knowledge of the facts, addressing each inquiry
 1055  enumerated in this subsection, except that, if the inquiry
 1056  identifies a father under paragraph (a), paragraph (b), or
 1057  paragraph (c), or paragraph (d), the inquiry may not continue
 1058  further. The inquiry required under this subsection may be
 1059  conducted before the birth of the minor.
 1060         Section 18. Paragraph (d) of subsection (3), paragraph (b)
 1061  of subsection (4), and subsections (5) and (7) of section
 1062  63.089, Florida Statutes, are amended to read:
 1063         63.089 Proceeding to terminate parental rights pending
 1064  adoption; hearing; grounds; dismissal of petition; judgment.—
 1065         (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
 1066  ADOPTION.—The court may enter a judgment terminating parental
 1067  rights pending adoption if the court determines by clear and
 1068  convincing evidence, supported by written findings of fact, that
 1069  each person whose consent to adoption is required under s.
 1070  63.062:
 1071         (d) Has been properly served notice of the proceeding in
 1072  accordance with the requirements of this chapter and has failed
 1073  to file a written answer or personally appear at the evidentiary
 1074  hearing resulting in the judgment terminating parental rights
 1075  pending adoption;
 1076         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1077  resulting in a termination of parental rights must be based upon
 1078  clear and convincing evidence that a parent or person having
 1079  legal custody has abandoned the child in accordance with the
 1080  definition contained in s. 63.032. A finding of abandonment may
 1081  also be based upon emotional abuse or a refusal to provide
 1082  reasonable financial support, when able, to a birth mother
 1083  during her pregnancy.
 1084         (b) The child has been abandoned when the parent of a child
 1085  is incarcerated on or after October 1, 2001, in a federal,
 1086  state, or county correctional institution and:
 1087         1. The period of time for which the parent has been or is
 1088  expected to be incarcerated will constitute a significant
 1089  portion of the child’s minority. In determining whether the
 1090  period of time is significant, the court shall consider the
 1091  child’s age and the child’s need for a permanent and stable
 1092  home. The period of time begins on the date that the parent
 1093  enters into incarceration;
 1094         2. The incarcerated parent has been determined by a court
 1095  of competent jurisdiction to be a violent career criminal as
 1096  defined in s. 775.084, a habitual violent felony offender as
 1097  defined in s. 775.084, convicted of child abuse as defined in s.
 1098  827.03, or a sexual predator as defined in s. 775.21; has been
 1099  convicted of first degree or second degree murder in violation
 1100  of s. 782.04 or a sexual battery that constitutes a capital,
 1101  life, or first degree felony violation of s. 794.011; or has
 1102  been convicted of a substantially similar offense in another
 1103  jurisdiction. As used in this section, the term “substantially
 1104  similar offense” means any offense that is substantially similar
 1105  in elements and penalties to one of those listed in this
 1106  subparagraph, and that is in violation of a law of any other
 1107  jurisdiction, whether that of another state, the District of
 1108  Columbia, the United States or any possession or territory
 1109  thereof, or any foreign jurisdiction; or
 1110         3. The court determines by clear and convincing evidence
 1111  that continuing the parental relationship with the incarcerated
 1112  parent would be harmful to the child and, for this reason,
 1113  termination of the parental rights of the incarcerated parent is
 1114  in the best interests interest of the child.
 1115         (5) DISMISSAL OF PETITION.—If the court does not find by
 1116  clear and convincing evidence that parental rights of a parent
 1117  should be terminated pending adoption, the court must dismiss
 1118  the petition and that parent’s parental rights that were the
 1119  subject of such petition shall remain in full force under the
 1120  law. The order must include written findings in support of the
 1121  dismissal, including findings as to the criteria in subsection
 1122  (4) if rejecting a claim of abandonment.
 1123         (a) Parental rights may not be terminated based upon a
 1124  consent that the court finds has been timely revoked withdrawn
 1125  under s. 63.082 or a consent to adoption or affidavit of
 1126  nonpaternity that the court finds was obtained by fraud or
 1127  duress.
 1128         (b) The court must enter an order based upon written
 1129  findings providing for the placement of the minor, but the court
 1130  may not proceed to determine custody between competing eligible
 1131  parties. The placement of the child shall revert to the parent
 1132  or guardian who had physical custody of the child at the time of
 1133  the placement for adoption unless the court determines upon
 1134  clear and convincing evidence that this placement is not in the
 1135  best interests of the child or is not an available option for
 1136  the child. The court may not change the placement of a child who
 1137  has established a bonded relationship with the current caregiver
 1138  without providing for a reasonable transition plan consistent
 1139  with the best interests of the child. The court may direct the
 1140  parties to participate in a reunification or unification plan
 1141  with a qualified professional to assist the child in the
 1142  transition. The court may order scientific testing to determine
 1143  the paternity of the minor only if the court has determined that
 1144  the consent of the alleged father would be required, unless all
 1145  parties agree that such testing is in the best interests of the
 1146  child. The court may not order scientific testing to determine
 1147  paternity of an unmarried biological father if the child has a
 1148  father as described in s. 63.088(4)(a)-(d) whose rights have not
 1149  been previously terminated at any time during which the court
 1150  has jurisdiction over the minor. Further proceedings, if any,
 1151  regarding the minor must be brought in a separate custody action
 1152  under chapter 61, a dependency action under chapter 39, or a
 1153  paternity action under chapter 742.
 1154         (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.—
 1155         (a) A motion for relief from a judgment terminating
 1156  parental rights must be filed with the court originally entering
 1157  the judgment. The motion must be filed within a reasonable time,
 1158  but not later than 1 year after the entry of the judgment. An
 1159  unmarried biological father does not have standing to seek
 1160  relief from a judgment terminating parental rights if the mother
 1161  did not identify him to the adoption entity before the date she
 1162  signed a consent for adoption or if he was not located because
 1163  the mother failed or refused to provide sufficient information
 1164  to locate him.
 1165         (b) No later than 30 days after the filing of a motion
 1166  under this subsection, the court must conduct a preliminary
 1167  hearing to determine what contact, if any, shall be permitted
 1168  between a parent and the child pending resolution of the motion.
 1169  Such contact shall be considered only if it is requested by a
 1170  parent who has appeared at the hearing and may not be awarded
 1171  unless the parent previously established a bonded relationship
 1172  with the child and the parent has pled a legitimate legal basis
 1173  and established a prima facie case for setting aside the
 1174  judgment terminating parental rights. If the court orders
 1175  contact between a parent and child, the order must be issued in
 1176  writing as expeditiously as possible and must state with
 1177  specificity any provisions regarding contact with persons other
 1178  than those with whom the child resides.
 1179         (c) At the preliminary hearing, the court, upon the motion
 1180  of any party or upon its own motion, may order scientific
 1181  testing to determine the paternity of the minor if the person
 1182  seeking to set aside the judgment is alleging to be the child’s
 1183  father and that fact has not previously been determined by
 1184  legitimacy or scientific testing. The court may order visitation
 1185  with a person for whom scientific testing for paternity has been
 1186  ordered and who has previously established a bonded relationship
 1187  with the child.
 1188         (d) Unless otherwise agreed between the parties or for good
 1189  cause shown, the court shall conduct a final hearing on the
 1190  motion for relief from judgment within 45 days after the filing
 1191  and enter its written order as expeditiously as possible
 1192  thereafter.
 1193         (e) If the court grants relief from the judgment
 1194  terminating parental rights and no new pleading is filed to
 1195  terminate parental rights, the placement of the child shall
 1196  revert to the parent or guardian who had physical custody of the
 1197  child at the time of the original placement for adoption unless
 1198  the court determines upon clear and convincing evidence that
 1199  this placement is not in the best interests of the child or is
 1200  not an available option for the child. The court may not change
 1201  the placement of a child who has established a bonded
 1202  relationship with the current caregiver without providing for a
 1203  reasonable transition plan consistent with the best interests of
 1204  the child. The court may direct the parties to participate in a
 1205  reunification or unification plan with a qualified professional
 1206  to assist the child in the transition. The court may not direct
 1207  the placement of a child with a person other than the adoptive
 1208  parents without first obtaining a favorable home study of that
 1209  person and any other persons residing in the proposed home and
 1210  shall take whatever additional steps are necessary and
 1211  appropriate for the physical and emotional protection of the
 1212  child.
 1213         Section 19. Subsection (3) of section 63.092, Florida
 1214  Statutes, is amended to read:
 1215         63.092 Report to the court of intended placement by an
 1216  adoption entity; at-risk placement; preliminary study.—
 1217         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1218  intended adoptive home, a preliminary home study must be
 1219  performed by a licensed child-placing agency, a child-caring
 1220  agency registered under s. 409.176, a licensed professional, or
 1221  agency described in s. 61.20(2), unless the adoptee is an adult
 1222  or the petitioner is a stepparent or a relative. If the adoptee
 1223  is an adult or the petitioner is a stepparent or a relative, a
 1224  preliminary home study may be required by the court for good
 1225  cause shown. The department is required to perform the
 1226  preliminary home study only if there is no licensed child
 1227  placing agency, child-caring agency registered under s. 409.176,
 1228  licensed professional, or agency described in s. 61.20(2), in
 1229  the county where the prospective adoptive parents reside. The
 1230  preliminary home study must be made to determine the suitability
 1231  of the intended adoptive parents and may be completed prior to
 1232  identification of a prospective adoptive minor. A favorable
 1233  preliminary home study is valid for 1 year after the date of its
 1234  completion. Upon its completion, a signed copy of the home study
 1235  must be provided to the intended adoptive parents who were the
 1236  subject of the home study. A minor may not be placed in an
 1237  intended adoptive home before a favorable preliminary home study
 1238  is completed unless the adoptive home is also a licensed foster
 1239  home under s. 409.175. The preliminary home study must include,
 1240  at a minimum:
 1241         (a) An interview with the intended adoptive parents;
 1242         (b) Records checks of the department’s central abuse
 1243  registry and criminal records correspondence checks under s.
 1244  39.0138 through the Department of Law Enforcement on the
 1245  intended adoptive parents;
 1246         (c) An assessment of the physical environment of the home;
 1247         (d) A determination of the financial security of the
 1248  intended adoptive parents;
 1249         (e) Documentation of counseling and education of the
 1250  intended adoptive parents on adoptive parenting;
 1251         (f) Documentation that information on adoption and the
 1252  adoption process has been provided to the intended adoptive
 1253  parents;
 1254         (g) Documentation that information on support services
 1255  available in the community has been provided to the intended
 1256  adoptive parents; and
 1257         (h) A copy of each signed acknowledgment of receipt of
 1258  disclosure required by s. 63.085.
 1259  
 1260  If the preliminary home study is favorable, a minor may be
 1261  placed in the home pending entry of the judgment of adoption. A
 1262  minor may not be placed in the home if the preliminary home
 1263  study is unfavorable. If the preliminary home study is
 1264  unfavorable, the adoption entity may, within 20 days after
 1265  receipt of a copy of the written recommendation, petition the
 1266  court to determine the suitability of the intended adoptive
 1267  home. A determination as to suitability under this subsection
 1268  does not act as a presumption of suitability at the final
 1269  hearing. In determining the suitability of the intended adoptive
 1270  home, the court must consider the totality of the circumstances
 1271  in the home. A No minor may not be placed in a home in which
 1272  there resides any person determined by the court to be a sexual
 1273  predator as defined in s. 775.21 or to have been convicted of an
 1274  offense listed in s. 63.089(4)(b)2.
 1275         Section 20. Subsection (7) is added to section 63.097,
 1276  Florida Statutes, to read:
 1277         63.097 Fees.—
 1278         (7) In determining reasonable attorney fees, the court
 1279  shall use the following criteria:
 1280         (a) The time and labor required, the novelty and difficulty
 1281  of the question involved, and the skill requisite to perform the
 1282  legal service properly.
 1283         (b) The likelihood, if apparent to the client, that the
 1284  acceptance of the particular employment will preclude other
 1285  employment by the attorney.
 1286         (c) The fee customarily charged in the locality for similar
 1287  legal services.
 1288         (d) The amount involved in the subject matter of the
 1289  representation, the responsibility involved in the
 1290  representation, and the results obtained.
 1291         (e) The time limitations imposed by the client or by the
 1292  circumstances and, as between attorney and client, any
 1293  additional or special time demands or requests of the attorney
 1294  by the client.
 1295         (f) The nature and length of the professional relationship
 1296  with the client.
 1297         (g) The experience, reputation, diligence, and ability of
 1298  the attorney or attorneys performing the service and the skill,
 1299  expertise, or efficiency of effort reflected in the actual
 1300  providing of such services.
 1301         (h) Whether the fee is fixed or contingent.
 1302         Section 21. Section 63.152, Florida Statutes, is amended to
 1303  read:
 1304         63.152 Application for new birth record.—Within 30 days
 1305  after entry of a judgment of adoption, the clerk of the court or
 1306  the adoption entity shall transmit a certified statement of the
 1307  entry to the state registrar of vital statistics on a form
 1308  provided by the registrar. A new birth record containing the
 1309  necessary information supplied by the certificate shall be
 1310  issued by the registrar on application of the adopting parents
 1311  or the adopted person.
 1312         Section 22. Subsection (7) of section 63.162, Florida
 1313  Statutes, is amended to read:
 1314         63.162 Hearings and records in adoption proceedings;
 1315  confidential nature.—
 1316         (7) The court may, upon petition of an adult adoptee or
 1317  birth parent, for good cause shown, appoint an intermediary or
 1318  adoption entity a licensed child-placing agency to contact a
 1319  birth parent or adult adoptee, as applicable, who has not
 1320  registered with the adoption registry pursuant to s. 63.165 and
 1321  advise both them of the availability of the intermediary or
 1322  adoption entity and that the birth parent or adult adoptee, as
 1323  applicable, wishes to establish contact same.
 1324         Section 23. Paragraph (c) of subsection (2) of section
 1325  63.167, Florida Statutes, is amended to read:
 1326         63.167 State adoption information center.—
 1327         (2) The functions of the state adoption information center
 1328  shall include:
 1329         (c) Operating a toll-free telephone number to provide
 1330  information and referral services. The state adoption
 1331  information center shall provide contact information for all
 1332  adoption entities in the caller’s county or, if no adoption
 1333  entities are located in the caller’s county, the number of the
 1334  nearest adoption entity when contacted for a referral to make an
 1335  adoption plan and shall rotate the order in which the names of
 1336  adoption entities are provided to callers.
 1337         Section 24. Paragraph (g) of subsection (1) and subsections
 1338  (2) and (8) of section 63.212, Florida Statutes, are amended to
 1339  read:
 1340         63.212 Prohibited acts; penalties for violation.—
 1341         (1) It is unlawful for any person:
 1342         (g) Except an adoption entity, to advertise or offer to the
 1343  public, in any way, by any medium whatever that a minor is
 1344  available for adoption or that a minor is sought for adoption;
 1345  and, further, it is unlawful for any person to publish or
 1346  broadcast any such advertisement or assist an unlicensed person
 1347  or entity in publishing or broadcasting any such advertisement
 1348  without including a Florida license number of the agency or
 1349  attorney placing the advertisement.
 1350         1. Only a person who is an attorney licensed to practice
 1351  law in this state or an adoption entity licensed under the laws
 1352  of this state may place a paid advertisement or paid listing of
 1353  the person’s telephone number, on the person’s own behalf, in a
 1354  telephone directory that:
 1355         a. A child is offered or wanted for adoption; or
 1356         b. The person is able to place, locate, or receive a child
 1357  for adoption.
 1358         2. A person who publishes a telephone directory that is
 1359  distributed in this state:
 1360         a. Shall include, at the beginning of any classified
 1361  heading for adoption and adoption services, a statement that
 1362  informs directory users that only attorneys licensed to practice
 1363  law in this state and licensed adoption entities may legally
 1364  provide adoption services under state law.
 1365         b. May publish an advertisement described in subparagraph
 1366  1. in the telephone directory only if the advertisement contains
 1367  the following:
 1368         (I) For an attorney licensed to practice law in this state,
 1369  the attorney’s Florida Bar number.
 1370         (II) For an adoption entity licensed under the laws of this
 1371  state, the number on the adoption entity license.
 1372         (2) Any woman who is a birth mother, or a woman who holds
 1373  herself out to be a birth mother, who is interested in making an
 1374  adoption plan and who knowingly or intentionally benefits from
 1375  the payment of adoption-related expenses in connection with that
 1376  adoption plan commits adoption deception if:
 1377         (a) The person knows or should have known that the woman is
 1378  not pregnant at the time the sums were requested or received;
 1379         (b) The woman accepts living expenses assistance from a
 1380  prospective adoptive parent or adoption entity without
 1381  disclosing that she is receiving living expenses assistance from
 1382  another prospective adoptive parent or adoption entity at the
 1383  same time in an effort to adopt the same child; or
 1384         (c) The woman knowingly makes false representations to
 1385  induce the payment of living expenses and does not intend to
 1386  make an adoptive placement. It is unlawful for:
 1387         (a) Any person or adoption entity under this chapter to:
 1388         1. Knowingly provide false information; or
 1389         2. Knowingly withhold material information.
 1390         (b) A parent, with the intent to defraud, to accept
 1391  benefits related to the same pregnancy from more than one
 1392  adoption entity without disclosing that fact to each entity.
 1393  
 1394  Any person who willfully commits adoption deception violates any
 1395  provision of this subsection commits a misdemeanor of the second
 1396  degree, punishable as provided in s. 775.082 or s. 775.083, if
 1397  the sums received by the birth mother or woman holding herself
 1398  out to be a birth mother do not exceed $300, and a felony of the
 1399  third degree, punishable as provided in s. 775.082, s. 775.083,
 1400  or s. 775.084, if the sums received by the birth mother or woman
 1401  holding herself out to be a birth mother exceed $300. In
 1402  addition, the person is liable for damages caused by such acts
 1403  or omissions, including reasonable attorney attorney’s fees and
 1404  costs incurred by the adoption entity or the prospective
 1405  adoptive parent. Damages may be awarded through restitution in
 1406  any related criminal prosecution or by filing a separate civil
 1407  action.
 1408         (8) Unless otherwise indicated, a person who willfully and
 1409  with criminal intent violates any provision of this section,
 1410  excluding paragraph (1)(g), commits a felony of the third
 1411  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1412  775.084. A person who willfully and with criminal intent
 1413  violates paragraph (1)(g) commits a misdemeanor of the second
 1414  degree, punishable as provided in s. 775.083; and each day of
 1415  continuing violation shall be considered a separate offense. In
 1416  addition, any person who knowingly publishes or assists with the
 1417  publication of any advertisement or other publication that
 1418  violates the requirements of paragraph (1)(g) commits a
 1419  misdemeanor of the second degree, punishable as provided in s.
 1420  775.083, and may be required to pay a fine of up to $150 per day
 1421  for each day of continuing violation.
 1422         Section 25. Paragraph (b) of subsection (1), paragraphs (a)
 1423  and (e) of subsection (2), and paragraphs (b), (h), and (i) of
 1424  subsection (6) of section 63.213, Florida Statutes, are amended
 1425  to read:
 1426         63.213 Preplanned adoption agreement.—
 1427         (1) Individuals may enter into a preplanned adoption
 1428  arrangement as specified in this section, but such arrangement
 1429  may not in any way:
 1430         (b) Constitute consent of a mother to place her biological
 1431  child for adoption until 48 hours after the following birth of
 1432  the child and unless the court making the custody determination
 1433  or approving the adoption determines that the mother was aware
 1434  of her right to rescind within the 48-hour period after the
 1435  following birth of the child but chose not to rescind such
 1436  consent. The volunteer mother’s right to rescind her consent in
 1437  a preplanned adoption applies only when the child is genetically
 1438  related to her.
 1439         (2) A preplanned adoption agreement must include, but need
 1440  not be limited to, the following terms:
 1441         (a) That the volunteer mother agrees to become pregnant by
 1442  the fertility technique specified in the agreement, to bear the
 1443  child, and to terminate any parental rights and responsibilities
 1444  to the child she might have through a written consent executed
 1445  at the same time as the preplanned adoption agreement, subject
 1446  to a right of rescission by the volunteer mother any time within
 1447  48 hours after the birth of the child, if the volunteer mother
 1448  is genetically related to the child.
 1449         (e) That the intended father and intended mother
 1450  acknowledge that they may not receive custody or the parental
 1451  rights under the agreement if the volunteer mother terminates
 1452  the agreement or if the volunteer mother rescinds her consent to
 1453  place her child for adoption within 48 hours after the birth of
 1454  the child, if the volunteer mother is genetically related to the
 1455  child.
 1456         (6) As used in this section, the term:
 1457         (b) “Child” means the child or children conceived by means
 1458  of a fertility technique an insemination that is part of a
 1459  preplanned adoption arrangement.
 1460         (h) “Preplanned adoption arrangement” means the arrangement
 1461  through which the parties enter into an agreement for the
 1462  volunteer mother to bear the child, for payment by the intended
 1463  father and intended mother of the expenses allowed by this
 1464  section, for the intended father and intended mother to assert
 1465  full parental rights and responsibilities to the child if
 1466  consent to adoption is not rescinded after birth by a the
 1467  volunteer mother who is genetically related to the child, and
 1468  for the volunteer mother to terminate, subject to any a right of
 1469  rescission, all her parental rights and responsibilities to the
 1470  child in favor of the intended father and intended mother.
 1471         (i) “Volunteer mother” means a female at least 18 years of
 1472  age who voluntarily agrees, subject to a right of rescission if
 1473  it is her biological child, that if she should become pregnant
 1474  pursuant to a preplanned adoption arrangement, she will
 1475  terminate her parental rights and responsibilities to the child
 1476  in favor of the intended father and intended mother.
 1477         Section 26. Section 63.222, Florida Statutes, is amended to
 1478  read:
 1479         63.222 Effect on prior adoption proceedings.—Any adoption
 1480  made before July 1, 2012, is the effective date of this act
 1481  shall be valid, and any proceedings pending on that the
 1482  effective date and any subsequent amendments thereto of this act
 1483  are not affected unless the amendment is designated as a
 1484  remedial provision thereby.
 1485         Section 27. Section 63.2325, Florida Statutes, is amended
 1486  to read:
 1487         63.2325 Conditions for invalidation revocation of a consent
 1488  to adoption or affidavit of nonpaternity.—Notwithstanding the
 1489  requirements of this chapter, a failure to meet any of those
 1490  requirements does not constitute grounds for invalidation
 1491  revocation of a consent to adoption or revocation withdrawal of
 1492  an affidavit of nonpaternity unless the extent and circumstances
 1493  of such a failure result in a material failure of fundamental
 1494  fairness in the administration of due process, or the failure
 1495  constitutes or contributes to fraud or duress in obtaining a
 1496  consent to adoption or affidavit of nonpaternity.
 1497         Section 28. Section 753.06, Florida Statutes, is created to
 1498  read:
 1499         753.06Standards; funding limitations.—
 1500         (1) The standards provided in the final report submitted to
 1501  the Legislature pursuant to s. 753.03(4) shall be the state’s
 1502  standards for supervised visitation and exchange monitoring.
 1503         (2) Each supervised visitation program must annually affirm
 1504  in a written agreement with the court that it abides by the
 1505  standards. If the program has a contract with a child-placing
 1506  agency, that contract must include an affirmation that the
 1507  program complies with the standards. A copy of the agreement or
 1508  contract must be made available to any party upon request.
 1509         (3) On or after January 1, 2013, only a supervised
 1510  visitation program that has affirmed in a written agreement with
 1511  the court that it abides by and is in compliance with the state
 1512  standards may receive state funding for supervised visitation or
 1513  exchange monitoring services.
 1514         Section 29. Section 753.07, Florida Statutes, is created to
 1515  read:
 1516         753.07Referrals.—
 1517         (1) Courts and referring child-placing agencies must adhere
 1518  to the following priorities when determining where to refer
 1519  cases for supervised visitation or exchange monitoring:
 1520         (a) For cases that are filed under chapter 61 or chapter
 1521  741 in which the courts are the primary source of referrals, the
 1522  court shall direct referrals as follows:
 1523         1. The order must refer the parties to a supervised
 1524  visitation program that has a written agreement with the court
 1525  as provided in s. 753.06(2) if such a program exists in the
 1526  community.
 1527         2. If a program does not exist, or if the existing program
 1528  is not able to accept the referral for any reason, the court may
 1529  refer the case to a local licensed mental health professional.
 1530  Such professional is not required to abide by the state
 1531  standards established in s. 753.06; however, the professional
 1532  must affirm to the court in writing that he or she has completed
 1533  the clearinghouse’s free, online supervised visitation training
 1534  program and has read and understands the state standards.
 1535         (b) In cases governed by chapter 39, the referring child
 1536  placing agency must adhere to the following:
 1537         1. The agency that has primary responsibility for the case
 1538  must ensure that each family is assessed for problems that could
 1539  present safety risks during parent-child contact. If risks are
 1540  found, agency staff shall consider referring the parties to a
 1541  local supervised visitation program that has affirmed in writing
 1542  that it adheres to the state standards if such a program exists
 1543  in the community.
 1544         2. If agency staff determines that supervised visitation is
 1545  unnecessary, such program does not exist, or the existing
 1546  program is unable to accept the referral for any reason, the
 1547  child protective investigator or case manager who has primary
 1548  responsibility for the case may:
 1549         a. Supervise the parent-child contact himself or herself.
 1550  However, before a child protective investigator or case manager
 1551  may supervise visits, he or she must review or receive training
 1552  on the online training manual for the state’s supervised
 1553  visitation programs and affirm in writing to his or her own
 1554  agency that he or she has received training on, or has reviewed
 1555  and understands, the state standards.
 1556         b. Designate a foster parent or relative to supervise the
 1557  parent-child visits in those cases that do not warrant the
 1558  supervision of the child protective investigator or case
 1559  manager. However, the designated foster parent or relative must
 1560  first be apprised that the case manager conducted a safety
 1561  assessment described in subparagraph 1., and must be provided
 1562  access to free training material on the foster parent’s or
 1563  relative’s role in supervised visitation. Such materials may be
 1564  created by the clearinghouse using existing or new material and
 1565  must be approved by the department. Such training may be
 1566  included in any preservice foster parent training conducted by
 1567  the agency.
 1568         3. If a program does not exist, or if the existing program
 1569  is unable to accept the referral and the child protective
 1570  investigator or case manager is unable to supervise the parent
 1571  child contact or designate a foster parent or relative to
 1572  supervise the visits as described in subparagraph 2., the agency
 1573  that has primary responsibility for the case may refer the case
 1574  to other qualified staff within that agency to supervise the
 1575  contact. However, before such staff member may supervise any
 1576  visits, he or she must review or receive training on the online
 1577  training manual for supervised visitation programs and affirm in
 1578  writing to his or her own agency that he or she has received
 1579  training on, or has reviewed and understands, the training
 1580  manual and the state standards.
 1581         4. The agency that has primary responsibility for the case
 1582  may not refer the case to a subcontractor or other agency to
 1583  perform the supervised visitation unless that subcontractor’s or
 1584  other agency’s child protective investigators or case managers
 1585  who supervise onsite or offsite visits have reviewed or received
 1586  training on the clearinghouse’s online training manual for
 1587  supervised visitation programs and affirm to their own agency
 1588  that they have received training on, or have reviewed and
 1589  understand, the training manual and the state standards.
 1590         (2) This section does not prohibit the court from allowing
 1591  a litigant’s relatives or friends to supervise visits if the
 1592  court determines that such supervision is safe. However, such
 1593  informal supervisors must be made aware of the free online
 1594  clearinghouse materials that they may voluntarily choose to
 1595  review. These materials must provide information that helps
 1596  educate the informal supervisors about the inherent risks and
 1597  complicated dynamics of supervised visitation.
 1598         (3) Supervised visitation programs may alert the court in
 1599  writing if there are problems with referred cases and the court
 1600  may set a hearing to address these problems.
 1601         Section 30. Section 753.08, Florida Statutes, is created to
 1602  read:
 1603         753.08Security background checks; immunity.—
 1604         (1) Because of the special trust or responsibility placed
 1605  on volunteers and employees of supervised visitation programs,
 1606  such program must conduct a security background investigation
 1607  before hiring an employee or certifying a volunteer.
 1608         (a) A security background investigation must include, but
 1609  need not be limited to, employment history checks, reference
 1610  checks, local criminal history records checks through local law
 1611  enforcement agencies, and statewide criminal history records
 1612  checks through the Department of Law Enforcement.
 1613         (b) Upon request, an employer shall furnish a copy of the
 1614  personnel record for the employee or former employee who is the
 1615  subject of a security background investigation. The information
 1616  contained in the record may include, but need not be limited to,
 1617  disciplinary matters and the reason the employee was terminated
 1618  from employment, if applicable. An employer who releases a
 1619  personnel record for purposes of a security background
 1620  investigation is presumed to have acted in good faith and is not
 1621  liable for information contained in the record without a showing
 1622  that the employer maliciously falsified the record.
 1623         (c) All employees hired or volunteers certified on or after
 1624  October 1, 2012, must undergo a state and national criminal
 1625  history record check. Supervised visitation programs shall
 1626  contract with the department, the court administrator, or the
 1627  clerk of court to conduct level 2 background screening under
 1628  chapter 435. The cost of fingerprint processing may be borne by
 1629  the program or the person subject to the background check. The
 1630  department, court administrator, or clerk of court shall review
 1631  the criminal history results to determine if an applicant meets
 1632  the minimum requirements and is responsible for payment to the
 1633  Department of Law Enforcement by invoice to the department, the
 1634  court administrator, or the clerk of court or by payment from a
 1635  credit card by the applicant or a vendor on behalf of the
 1636  applicant. If the department, court administrator, or clerk of
 1637  court is unable to conduct the background check, the supervised
 1638  visitation program may participate in the Volunteer and Employee
 1639  Criminal History System, as authorized by the National Child
 1640  Protection Act of 1993, as amended, and s. 943.0542, to obtain
 1641  criminal history information.
 1642         (d) The security background investigation must ensure that
 1643  a person is not hired as an employee or certified as a volunteer
 1644  if the person has an arrest awaiting final disposition for, has
 1645  been convicted of, regardless of adjudication, has entered a
 1646  plea of nolo contendere or guilty to, or has been adjudicated
 1647  delinquent and the record has not been sealed or expunged for,
 1648  any offense prohibited under s. 435.04(2).
 1649         (e) In analyzing and evaluating the information obtained in
 1650  the security background investigation, the program must give
 1651  particular emphasis to past activities involving children,
 1652  including, but not limited to, child-related criminal offenses
 1653  or child abuse. The program has sole discretion in determining
 1654  whether to hire or certify a person based on his or her security
 1655  background investigation.
 1656         (2) A person who is providing supervised visitation or
 1657  exchange monitoring services through a supervised visitation
 1658  program and who affirms to the court in writing that he or she
 1659  abides by the state standards described in s. 753.06 is
 1660  presumed, prima facie, to be acting in good faith. Such persons
 1661  acting in good faith are immune from civil and criminal
 1662  liability with regard to the provision of the services.
 1663         Section 31. This act shall take effect October 1, 2012.
 1664  
 1665  ================= T I T L E A M E N D M E N T ================
 1666  And the title is amended as follows:
 1667  
 1668         Delete everything before the enacting clause
 1669  and insert:
 1670                        A bill to be entitled                      
 1671         An act relating to child visitation and adoption;
 1672         amending s. 39.802, F.S.; requiring the Department of
 1673         Children and Families to inform the parents of a child
 1674         of the availability of private placement of the child
 1675         with an adoption entity in certain circumstances;
 1676         amending s. 63.022, F.S.; revising legislative intent
 1677         to delete reference to reporting requirements for
 1678         placements of minors and exceptions; amending s.
 1679         63.032, F.S.; revising definitions; amending s.
 1680         63.037, F.S.; exempting adoption proceedings initiated
 1681         under chapter 39, F.S., from a requirement for a
 1682         search of the Florida Putative Father Registry;
 1683         amending s. 63.039, F.S.; providing that all adoptions
 1684         of minor children require the use of an adoption
 1685         entity that will assume the responsibilities provided
 1686         in specified provisions; providing an exception;
 1687         amending s. 63.0423, F.S.; revising terminology
 1688         relating to surrendered infants; providing that an
 1689         infant who tests positive for illegal drugs, narcotic
 1690         prescription drugs, alcohol, or other substances, but
 1691         shows no other signs of child abuse or neglect, shall
 1692         be placed in the custody of an adoption entity;
 1693         providing that a specified reporting requirement is
 1694         not superseded; providing that when the Department of
 1695         Children and Family Services is contacted regarding a
 1696         surrendered infant who does not appear to have been
 1697         the victim of actual or suspected child abuse or
 1698         neglect, it shall provide instruction to contact an
 1699         adoption entity and may not take custody of the
 1700         infant; providing an exception; revising provisions
 1701         relating to scientific testing to determine the
 1702         paternity or maternity of a minor; amending s.
 1703         63.0425, F.S.; requiring that a child’s residence be
 1704         continuous for a specified period in order to entitle
 1705         the grandparent to notice of certain proceedings;
 1706         amending s. 63.0427, F.S.; prohibiting a court from
 1707         increasing contact between an adopted child and
 1708         siblings, birth parents, or other relatives without
 1709         the consent of the adoptive parent or parents;
 1710         amending s. 63.052, F.S.; deleting a requirement that
 1711         a minor be permanently committed to an adoption entity
 1712         in order for the entity to be guardian of the person
 1713         of the minor; limiting the circumstances in which an
 1714         intermediary may remove a child; providing that an
 1715         intermediary does not become responsible for a minor
 1716         child’s medical bills that were incurred before taking
 1717         physical custody of the child; providing additional
 1718         placement options for a minor surrendered to an
 1719         adoption entity for subsequent adoption when a
 1720         suitable prospective adoptive home is not available;
 1721         amending s. 63.053, F.S.; requiring that an unmarried
 1722         biological father strictly comply with specified
 1723         provisions in order to protect his interests; amending
 1724         s. 63.054, F.S.; authorizing submission of an
 1725         alternative document to the Office of Vital Statistics
 1726         by the petitioner in each proceeding for termination
 1727         of parental rights; providing that by filing a claim
 1728         of paternity form the registrant expressly consents to
 1729         paying for DNA testing; requiring that an alternative
 1730         address designated by a registrant be a physical
 1731         address; providing that the filing of a claim of
 1732         paternity with the Florida Putative Father Registry
 1733         does not relieve a person from compliance with
 1734         specified requirements; amending s. 63.062, F.S.;
 1735         revising requirements for when a minor’s father must
 1736         be served prior to termination of parental rights;
 1737         providing that consent of an unmarried biological
 1738         father is not required if he fails to comply with
 1739         specified requirements; revising such requirements;
 1740         providing that the mere fact that a father expresses a
 1741         desire to fulfill his responsibilities toward his
 1742         child which is unsupported by acts evidencing this
 1743         intent does not meet the requirements; providing for
 1744         the sufficiency of an affidavit of nonpaternity;
 1745         providing an exception to a condition to a petition to
 1746         adopt an adult; amending s. 63.063, F.S.; conforming
 1747         terminology; amending s. 63.082, F.S.; revising
 1748         language concerning applicability of notice and
 1749         consent provisions in cases in which the child is
 1750         conceived as a result of a violation of criminal law;
 1751         providing that a criminal conviction is not required
 1752         for the court to find that the child was conceived as
 1753         a result of a violation of criminal law; requiring an
 1754         affidavit of diligent search to be filed whenever a
 1755         person who is required to consent is unavailable
 1756         because the person cannot be located; providing that
 1757         in an adoption of a stepchild or a relative, a
 1758         certified copy of the death certificate of the person
 1759         whose consent is required may be attached to the
 1760         petition for adoption if a separate petition for
 1761         termination of parental rights is not being filed;
 1762         authorizing the execution of an affidavit of
 1763         nonpaternity before the birth of a minor in preplanned
 1764         adoptions; revising language of a consent to adoption;
 1765         providing that a home study provided by the adoption
 1766         entity shall be deemed to be sufficient except in
 1767         certain circumstances; providing for a hearing if an
 1768         adoption entity moves to intervene in a dependency
 1769         case; revising language concerning seeking to revoke
 1770         consent to an adoption of a child older than 6 months
 1771         of age; providing that if the consent of one parent is
 1772         set aside or revoked, any other consents executed by
 1773         the other parent or a third party whose consent is
 1774         required for the adoption of the child may not be used
 1775         by the parent who consent was revoked or set aside to
 1776         terminate or diminish the rights of the other parent
 1777         or third party; amending s. 63.085, F.S.; revising
 1778         language of an adoption disclosure statement;
 1779         requiring that a copy of a waiver by prospective
 1780         adoptive parents of receipt of certain records must be
 1781         filed with the court; amending s. 63.087, F.S.;
 1782         specifying that a failure to personally appear at a
 1783         proceeding to terminate parental rights constitutes
 1784         grounds for termination; amending s. 63.088, F.S.;
 1785         providing that, in a termination of parental rights
 1786         proceeding, if a required inquiry identifies a father
 1787         who has been adjudicated by a court as the father of
 1788         the minor child before the date a petition for
 1789         termination of parental rights is filed, the inquiry
 1790         must terminate at that point; amending s. 63.089,
 1791         F.S.; specifying that failure to personally appear
 1792         provides grounds for termination of parental rights in
 1793         certain circumstances; revising provisions relating to
 1794         dismissal of petitions to terminate parental rights;
 1795         providing that contact between a parent seeking relief
 1796         from a judgment terminating parental rights and a
 1797         child may be awarded only in certain circumstances;
 1798         providing for placement of a child in the event that a
 1799         court grants relief from a judgment terminating
 1800         parental rights and no new pleading is filed to
 1801         terminate parental rights; amending s. 63.092, F.S.;
 1802         requiring that a signed copy of the home study must be
 1803         provided to the intended adoptive parents who were the
 1804         subject of the study; amending s. 63.097, F.S.;
 1805         providing guidelines for a court considering a
 1806         reasonable attorney fee associated with adoption
 1807         services; amending s. 63.152, F.S.; authorizing an
 1808         adoption entity to transmit a certified statement of
 1809         the entry of a judgment of adoption to the state
 1810         registrar of vital statistics; amending s. 63.162,
 1811         F.S.; authorizing a birth parent to petition that
 1812         court to appoint an intermediary or an adoption entity
 1813         to contact an adult adoptee and advise both of the
 1814         availability of the adoption registry and that the
 1815         birth parent wishes to establish contact; amending s.
 1816         63.167, F.S.; requiring that the state adoption center
 1817         provide contact information for all adoption entities
 1818         in a caller’s county or, if no adoption entities are
 1819         located in the caller’s county, the number of the
 1820         nearest adoption entity when contacted for a referral
 1821         to make an adoption plan; amending s. 63.212, F.S.;
 1822         restricting who may place a paid advertisement or paid
 1823         listing of the person’s telephone number offering
 1824         certain adoption services; requiring of publishers of
 1825         telephone directories to include certain statements at
 1826         the beginning of any classified heading for adoption
 1827         and adoption services; providing requirements for such
 1828         advertisements; providing criminal penalties for
 1829         violations; prohibiting the offense of adoption
 1830         deception by a person who is a birth mother or a woman
 1831         who holds herself out to be a birth mother; providing
 1832         criminal penalties; providing liability for certain
 1833         damages; amending s. 63.213, F.S.; providing that a
 1834         preplanned adoption arrangement does not constitute
 1835         consent of a mother to place her biological child for
 1836         adoption until 48 hours following birth; providing
 1837         that a volunteer mother’s right to rescind her consent
 1838         in a preplanned adoption applies only when the child
 1839         is genetically related to her; revising the
 1840         definitions of the terms “child,” “preplanned adoption
 1841         arrangement,” and “volunteer mother”; amending s.
 1842         63.222, F.S.; providing that provisions designated as
 1843         remedial may apply to any proceedings pending on the
 1844         effective date of the provisions; amending s. 63.2325,
 1845         F.S.; revising terminology relating to revocation of
 1846         consent to adoption; creating s. 753.06, F.S.;
 1847         adopting state standards for supervised visitation
 1848         programs; requiring each program to annually affirm
 1849         compliance with the standards to the court; providing
 1850         that after a specified date only those programs that
 1851         adhere to the state standards may receive state
 1852         funding; creating s. 753.07, F.S.; providing factors
 1853         for the court or child-placing agency to consider when
 1854         referring cases for supervised visitation or exchange
 1855         monitoring; specifying training requirements for
 1856         persons providing such services; authorizing
 1857         supervised visitation programs to alert the court to
 1858         problems with referred cases; creating s. 753.08,
 1859         F.S.; requiring supervised visitation programs to
 1860         conduct security background checks of employees and
 1861         volunteers; providing requirements for such checks;
 1862         requiring that an employer furnish a copy of the
 1863         personnel record for the employee or former employee
 1864         upon request; providing immunity to employers who
 1865         provide information for purposes of a background
 1866         check; requiring that all applicants hired or
 1867         certified by a program after a specified date undergo
 1868         a level 2 background screening; delegating
 1869         responsibility for screening criminal history
 1870         information and for costs; authorizing a supervised
 1871         visitation program to participate in the Volunteer and
 1872         Employee Criminal History System in order to obtain
 1873         criminal history information; providing that certain
 1874         persons providing services at a supervised visitation
 1875         program are presumed to act in good faith; providing
 1876         that such persons acting in good faith are immune from
 1877         civil and criminal liability; providing an effective
 1878         date.