Florida Senate - 2012                             CS for SB 1874
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Wise
       
       
       
       586-02730-12                                          20121874c1
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.022, F.S.;
    3         revising legislative intent to delete a reference to
    4         reporting requirements for placements of minors and
    5         exceptions; amending s. 63.032, F.S.; revising
    6         definitions; amending s. 63.037, F.S.; exempting
    7         adoption proceedings initiated under chapter 39, F.S.,
    8         from a requirement for a search of the Florida
    9         Putative Father Registry; amending s. 63.039, F.S.;
   10         providing that all adoptions of minor children require
   11         the use of an adoption entity that will assume the
   12         responsibilities provided in specified provisions;
   13         providing an exception; amending s. 63.0423, F.S.;
   14         revising terminology relating to surrendered infants;
   15         providing that an infant who tests positive for
   16         illegal drugs, narcotic prescription drugs, alcohol,
   17         or other substances, but shows no other signs of child
   18         abuse or neglect, shall be placed in the custody of an
   19         adoption entity; providing that if the Department of
   20         Children and Family Services is contacted regarding a
   21         surrendered infant who does not appear to have been
   22         the victim of actual or suspected child abuse or
   23         neglect, it shall provide instruction to contact an
   24         adoption entity and may not take custody of the
   25         infant; providing an exception; revising provisions
   26         relating to scientific testing to determine the
   27         paternity or maternity of a minor; amending s.
   28         63.0425, F.S.; requiring that a child’s residence be
   29         continuous for a specified period in order to entitle
   30         the grandparent to notice of certain proceedings;
   31         amending s. 63.0427, F.S.; prohibiting a court from
   32         increasing contact between an adopted child and
   33         siblings, birth parents, or other relatives without
   34         the consent of the adoptive parent or parents;
   35         providing for agreements for contact between a child
   36         to be adopted and the birth parent, other relative, or
   37         previous foster parent of the child; amending s.
   38         63.052, F.S.; deleting a requirement that a minor be
   39         permanently committed to an adoption entity in order
   40         for the entity to be guardian of the person of the
   41         minor; limiting the circumstances in which an
   42         intermediary may remove a child; providing that an
   43         intermediary does not become responsible for a minor
   44         child’s medical bills that were incurred before taking
   45         physical custody of the child; providing additional
   46         placement options for a minor surrendered to an
   47         adoption entity for subsequent adoption when a
   48         suitable prospective adoptive home is not available;
   49         amending s. 63.053, F.S.; requiring that an unmarried
   50         biological father strictly comply with specified
   51         provisions in order to protect his interests; amending
   52         s. 63.054, F.S.; authorizing submission of an
   53         alternative document to the Office of Vital Statistics
   54         by the petitioner in each proceeding for termination
   55         of parental rights; providing that by filing a claim
   56         of paternity form the registrant expressly consents to
   57         paying for DNA testing; requiring that an alternative
   58         address designated by a registrant be a physical
   59         address; providing that the filing of a claim of
   60         paternity with the Florida Putative Father Registry
   61         does not relieve a person from compliance with
   62         specified requirements; amending s. 63.062, F.S.;
   63         revising requirements for when a minor’s father must
   64         be served prior to termination of parental rights;
   65         requiring that an unmarried biological father comply
   66         with specified requirements in order for his consent
   67         to be required for adoption; revising such
   68         requirements; providing that the mere fact that a
   69         father expresses a desire to fulfill his
   70         responsibilities towards his child which is
   71         unsupported by acts evidencing this intent does not
   72         meet the requirements; providing for the sufficiency
   73         of an affidavit of nonpaternity; providing an
   74         exception to a condition to a petition to adopt an
   75         adult; amending s. 63.063, F.S.; conforming
   76         terminology; amending s. 63.082, F.S.; revising
   77         language concerning applicability of notice and
   78         consent provisions in cases in which the child is
   79         conceived as a result of a violation of criminal law;
   80         providing that a criminal conviction is not required
   81         for the court to find that the child was conceived as
   82         a result of a violation of criminal law; requiring an
   83         affidavit of diligent search to be filed whenever a
   84         person who is required to consent is unavailable
   85         because the person cannot be located; providing that
   86         in an adoption of a stepchild or a relative, a
   87         certified copy of the death certificate of the person
   88         whose consent is required may be attached to the
   89         petition for adoption if a separate petition for
   90         termination of parental rights is not being filed;
   91         authorizing the execution of an affidavit of
   92         nonpaternity before the birth of a minor in preplanned
   93         adoptions; revising language of a consent to adoption;
   94         providing that a home study provided by the adoption
   95         entity shall be deemed to be sufficient except in
   96         certain circumstances; providing for a hearing if an
   97         adoption entity moves to intervene in a dependency
   98         case; revising language concerning seeking to revoke
   99         consent to an adoption of a child older than 6 months
  100         of age; providing that if the consent of one parent is
  101         set aside or revoked, any other consents executed by
  102         the other parent or a third party whose consent is
  103         required for the adoption of the child may not be used
  104         by the parent who consent was revoked or set aside to
  105         terminate or diminish the rights of the other parent
  106         or third party; amending s. 63.085, F.S.; revising
  107         language of an adoption disclosure statement;
  108         requiring that a copy of a waiver by prospective
  109         adoptive parents of receipt of certain records must be
  110         filed with the court; amending s. 63.087, F.S.;
  111         specifying that a failure to personally appear at a
  112         proceeding to terminate parental rights constitutes
  113         grounds for termination; amending s. 63.088, F.S.;
  114         providing that in a termination of parental rights
  115         proceeding if a required inquiry that identifies a
  116         father who has been adjudicated by a court as the
  117         father of the minor child before the date a petition
  118         for termination of parental rights is filed the
  119         inquiry must terminate at that point; amending s.
  120         63.089, F.S.; specifying that it is a failure to
  121         personally appear that provides grounds for
  122         termination of parental rights in certain
  123         circumstances; revising provisions relating to
  124         dismissal of petitions to terminate parental rights;
  125         providing that contact between a parent seeking relief
  126         from a judgment terminating parental rights and a
  127         child may be awarded only in certain circumstances;
  128         providing for placement of a child in the event that a
  129         court grants relief from a judgment terminating
  130         parental rights and no new pleading is filed to
  131         terminate parental rights; amending s. 63.092, F.S.;
  132         requiring that a signed copy of the home study must be
  133         provided to the intended adoptive parents who were the
  134         subject of the study; amending s. 63.097, F.S.;
  135         providing guidelines for a court considering a
  136         reasonable attorney fee associated with adoption
  137         services; amending s. 63.152, F.S.; authorizing an
  138         adoption entity to transmit a certified statement of
  139         the entry of a judgment of adoption to the state
  140         registrar of vital statistics; amending s. 63.162,
  141         F.S.; authorizing a birth parent to petition that
  142         court to appoint an intermediary or a licensed child
  143         placing agency to contact an adult adoptee and advise
  144         both of the availability of the adoption registry and
  145         that the birth parent wishes to establish contact;
  146         amending s. 63.167, F.S.; requiring that the state
  147         adoption center provide contact information for all
  148         adoption entities in a caller’s county or, if no
  149         adoption entities are located in the caller’s county,
  150         the number of the nearest adoption entity when
  151         contacted for a referral to make an adoption plan;
  152         amending s. 63.212, F.S.; restricting who may place a
  153         paid advertisement or paid listing of the person’s
  154         telephone number offering certain adoption services;
  155         requiring of publishers of telephone directories to
  156         include certain statements at the beginning of any
  157         classified heading for adoption and adoption services;
  158         providing requirements for such advertisements;
  159         providing criminal penalties for violations;
  160         prohibiting the offense of adoption deception by a
  161         person who is a birth mother or a woman who holds
  162         herself out to be a birth mother; providing criminal
  163         penalties; providing liability by violators for
  164         certain damages; amending s. 63.213, F.S.; providing
  165         that a preplanned adoption arrangement does not
  166         constitute consent of a mother to place her biological
  167         child for adoption until 48 hours following birth;
  168         providing that a volunteer mother’s right to rescind
  169         her consent in a preplanned adoption applies only when
  170         the child is genetically related to her; revising the
  171         definitions of the terms “child,” “preplanned adoption
  172         arrangement,” and “volunteer mother”; amending s.
  173         63.222, F.S.; providing that provisions designated as
  174         remedial may apply to any proceedings pending on the
  175         effective date of the provisions; amending s. 63.2325,
  176         F.S.; revising terminology relating to revocation of
  177         consent to adoption; providing an effective date.
  178  
  179  Be It Enacted by the Legislature of the State of Florida:
  180  
  181         Section 1. Present paragraphs (e) through (m) of subsection
  182  (4) of section 63.022, Florida Statutes, are redesignated as
  183  paragraphs (d) through (l), respectively, and subsection (2) and
  184  present paragraph (d) of subsection (4) of that section are
  185  amended to read:
  186         63.022 Legislative intent.—
  187         (2) It is the intent of the Legislature that in every
  188  adoption, the best interest of the child should govern and be of
  189  foremost concern in the court’s determination. The court shall
  190  make a specific finding as to the best interests interest of the
  191  child in accordance with the provisions of this chapter.
  192         (4) The basic safeguards intended to be provided by this
  193  chapter are that:
  194         (d) All placements of minors for adoption are reported to
  195  the Department of Children and Family Services, except relative,
  196  adult, and stepparent adoptions.
  197         Section 2. Subsections (1), (3), (12), (17), and (19) of
  198  section 63.032, Florida Statutes, are amended to read:
  199         63.032 Definitions.—As used in this chapter, the term:
  200         (1) “Abandoned” means a situation in which the parent or
  201  person having legal custody of a child, while being able, makes
  202  little or no provision for the child’s support or and makes
  203  little or no effort to communicate with the child, which
  204  situation is sufficient to evince an intent to reject parental
  205  responsibilities. If, in the opinion of the court, the efforts
  206  of such parent or person having legal custody of the child to
  207  support and communicate with the child are only marginal efforts
  208  that do not evince a settled purpose to assume all parental
  209  duties, the court may declare the child to be abandoned. In
  210  making this decision, the court may consider the conduct of a
  211  father towards the child’s mother during her pregnancy.
  212         (3) “Adoption entity” means the department, an agency, a
  213  child-caring agency registered under s. 409.176, an
  214  intermediary, a Florida-licensed child-placing agency, or a
  215  child-placing agency licensed in another state which is
  216  qualified by the department to place children in the State of
  217  Florida.
  218         (12) “Parent” means a woman who gives birth to a child and
  219  who is not a gestational surrogate as defined in s. 742.13 or a
  220  man whose consent to the adoption of the child would be required
  221  under s. 63.062(1). If a child has been legally adopted, the
  222  term “parent” means the adoptive mother or father of the child.
  223  The term does not include an individual whose parental
  224  relationship to the child has been legally terminated or an
  225  alleged or prospective parent.
  226         (17) “Suitability of the intended placement” means the
  227  fitness of the intended placement, with primary consideration
  228  being given to the best interests interest of the child.
  229         (19) “Unmarried biological father” means the child’s
  230  biological father who is not married to the child’s mother at
  231  the time of conception or on the date of the birth of the child
  232  and who, before the filing of a petition to terminate parental
  233  rights, has not been adjudicated by a court of competent
  234  jurisdiction to be the legal father of the child or has not
  235  filed executed an affidavit pursuant to s. 382.013(2)(c).
  236         Section 3. Section 63.037, Florida Statutes, is amended to
  237  read:
  238         63.037 Proceedings applicable to cases resulting from a
  239  termination of parental rights under chapter 39.—A case in which
  240  a minor becomes available for adoption after the parental rights
  241  of each parent have been terminated by a judgment entered
  242  pursuant to chapter 39 shall be governed by s. 39.812 and this
  243  chapter. Adoption proceedings initiated under chapter 39 are
  244  exempt from the following provisions of this chapter:
  245  requirement for search of the Florida Putative Father Registry
  246  provided in s. 63.054(7), if a search was previously completed
  247  and documentation of the search is contained in the case file;
  248  disclosure requirements for the adoption entity provided in s.
  249  63.085(1); general provisions governing termination of parental
  250  rights pending adoption provided in s. 63.087; notice and
  251  service provisions governing termination of parental rights
  252  pending adoption provided in s. 63.088; and procedures for
  253  terminating parental rights pending adoption provided in s.
  254  63.089.
  255         Section 4. Subsections (2) through (4) of section 63.039,
  256  Florida Statutes, are renumbered as subsections (3) through (5),
  257  respectively, and a new subsection (2) is added to that section
  258  to read:
  259         63.039 Duty of adoption entity to prospective adoptive
  260  parents; sanctions.—
  261         (2) With the exception of an adoption by a relative or
  262  stepparent, all adoptions of minor children require the use of
  263  an adoption entity that will assume the responsibilities
  264  provided in this section.
  265         Section 5. Subsections (1), (2), (3), (4), (7), (8), and
  266  (9) of section 63.0423, Florida Statutes, are amended to read:
  267         63.0423 Procedures with respect to surrendered infants.—
  268         (1) Upon entry of final judgment terminating parental
  269  rights, an adoption entity A licensed child-placing agency that
  270  takes physical custody of an infant surrendered at a hospital,
  271  emergency medical services station, or fire station pursuant to
  272  s. 383.50 assumes shall assume responsibility for the all
  273  medical costs and all other costs associated with the emergency
  274  services and care of the surrendered infant from the time the
  275  adoption entity licensed child-placing agency takes physical
  276  custody of the surrendered infant.
  277         (2) The adoption entity licensed child-placing agency shall
  278  immediately seek an order from the circuit court for emergency
  279  custody of the surrendered infant. The emergency custody order
  280  shall remain in effect until the court orders preliminary
  281  approval of placement of the surrendered infant in the
  282  prospective home, at which time the prospective adoptive parents
  283  become guardians pending termination of parental rights and
  284  finalization of adoption or until the court orders otherwise.
  285  The guardianship of the prospective adoptive parents shall
  286  remain subject to the right of the adoption entity licensed
  287  child-placing agency to remove the surrendered infant from the
  288  placement during the pendency of the proceedings if such removal
  289  is deemed by the adoption entity licensed child-placing agency
  290  to be in the best interests interest of the child. The adoption
  291  entity licensed child-placing agency may immediately seek to
  292  place the surrendered infant in a prospective adoptive home.
  293         (3) The adoption entity licensed child-placing agency that
  294  takes physical custody of the surrendered infant shall, within
  295  24 hours thereafter, request assistance from law enforcement
  296  officials to investigate and determine, through the Missing
  297  Children Information Clearinghouse, the National Center for
  298  Missing and Exploited Children, and any other national and state
  299  resources, whether the surrendered infant is a missing child.
  300         (4) The parent who surrenders the infant in accordance with
  301  s. 383.50 is presumed to have consented to termination of
  302  parental rights, and express consent is not required. Except
  303  when there is actual or suspected child abuse or neglect, the
  304  adoption entity may licensed child-placing agency shall not
  305  attempt to pursue, search for, or notify that parent as provided
  306  in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
  307  section, an infant who tests positive for illegal drugs,
  308  narcotic prescription drugs, alcohol, or other substances, but
  309  shows no other signs of child abuse or neglect, shall be placed
  310  in the custody of an adoption entity. This provision does not
  311  eliminate the reporting requirement under s. 383.50(7). When the
  312  department is contacted regarding an infant properly surrendered
  313  under this section and s. 383.50, the department shall provide
  314  instruction to contact an adoption entity and may not take
  315  custody of the infant unless reasonable efforts to contact an
  316  adoption entity to accept the infant have not been successful.
  317         (7) If a claim of parental rights of a surrendered infant
  318  is made before the judgment to terminate parental rights is
  319  entered, the circuit court may hold the action for termination
  320  of parental rights pending subsequent adoption in abeyance for a
  321  period of time not to exceed 60 days.
  322         (a) The court may order scientific testing to determine
  323  maternity or paternity at the expense of the parent claiming
  324  parental rights.
  325         (b) The court shall appoint a guardian ad litem for the
  326  surrendered infant and order whatever investigation, home
  327  evaluation, and psychological evaluation are necessary to
  328  determine what is in the best interests interest of the
  329  surrendered infant.
  330         (c) The court may not terminate parental rights solely on
  331  the basis that the parent left the infant at a hospital,
  332  emergency medical services station, or fire station in
  333  accordance with s. 383.50.
  334         (d) The court shall enter a judgment with written findings
  335  of fact and conclusions of law.
  336         (8) Within 7 business days after recording the judgment,
  337  the clerk of the court shall mail a copy of the judgment to the
  338  department, the petitioner, and any person the persons whose
  339  consent was were required, if known. The clerk shall execute a
  340  certificate of each mailing.
  341         (9)(a) A judgment terminating parental rights pending
  342  adoption is voidable, and any later judgment of adoption of that
  343  minor is voidable, if, upon the motion of a birth parent, the
  344  court finds that a person knowingly gave false information that
  345  prevented the birth parent from timely making known his or her
  346  desire to assume parental responsibilities toward the minor or
  347  from exercising his or her parental rights. A motion under this
  348  subsection must be filed with the court originally entering the
  349  judgment. The motion must be filed within a reasonable time but
  350  not later than 1 year after the entry of the judgment
  351  terminating parental rights.
  352         (b) No later than 30 days after the filing of a motion
  353  under this subsection, the court shall conduct a preliminary
  354  hearing to determine what contact, if any, will be permitted
  355  between a birth parent and the child pending resolution of the
  356  motion. Such contact may be allowed only if it is requested by a
  357  parent who has appeared at the hearing and the court determines
  358  that it is in the best interests interest of the child. If the
  359  court orders contact between a birth parent and the child, the
  360  order must be issued in writing as expeditiously as possible and
  361  must state with specificity any provisions regarding contact
  362  with persons other than those with whom the child resides.
  363         (c) At the preliminary hearing, The court, upon the motion
  364  of any party or upon its own motion, may not order scientific
  365  testing to determine the paternity or maternity of the minor
  366  until such time as the court determines that a previously
  367  entered judgment terminating the parental rights of that parent
  368  is voidable pursuant to paragraph (a), unless all parties agree
  369  that such testing is in the best interests of the child if the
  370  person seeking to set aside the judgment is alleging to be the
  371  child’s birth parent but has not previously been determined by
  372  legal proceedings or scientific testing to be the birth parent.
  373  Upon the filing of test results establishing that person’s
  374  maternity or paternity of the surrendered infant, the court may
  375  order visitation only if it appears to be as it deems
  376  appropriate and in the best interests interest of the child.
  377         (d) Within 45 days after the preliminary hearing, the court
  378  shall conduct a final hearing on the motion to set aside the
  379  judgment and shall enter its written order as expeditiously as
  380  possible thereafter.
  381         Section 6. Subsection (1) of section 63.0425, Florida
  382  Statutes, is amended to read:
  383         63.0425 Grandparent’s right to notice.—
  384         (1) If a child has lived with a grandparent for at least 6
  385  continuous months within the 24-month period immediately
  386  preceding the filing of a petition for termination of parental
  387  rights pending adoption, the adoption entity shall provide
  388  notice to that grandparent of the hearing on the petition.
  389         Section 7. Section 63.0427, Florida Statutes, is amended to
  390  read:
  391         63.0427 Agreements for Adopted minor’s right to continued
  392  communication or contact between adopted child and with
  393  siblings, parents, and other relatives.—
  394         (1) A child whose parents have had their parental rights
  395  terminated and whose custody has been awarded to the department
  396  pursuant to s. 39.811, and who is the subject of a petition for
  397  adoption under this chapter, shall have the right to have the
  398  court consider the appropriateness of postadoption communication
  399  or contact, including, but not limited to, visits, written
  400  correspondence, or telephone calls, with his or her siblings or,
  401  upon agreement of the adoptive parents, with the parents who
  402  have had their parental rights terminated or other specified
  403  biological relatives. The court shall consider the following in
  404  making such determination:
  405         (a) Any orders of the court pursuant to s. 39.811(7).
  406         (b) Recommendations of the department, the foster parents
  407  if other than the adoptive parents, and the guardian ad litem.
  408         (c) Statements of the prospective adoptive parents.
  409         (d) Any other information deemed relevant and material by
  410  the court.
  411  
  412  If the court determines that the child’s best interests will be
  413  served by postadoption communication or contact, the court shall
  414  so order, stating the nature and frequency of for the
  415  communication or contact. This order shall be made a part of the
  416  final adoption order, but in no event shall the continuing
  417  validity of the adoption may not be contingent upon such
  418  postadoption communication or contact and, nor shall the ability
  419  of the adoptive parents and child to change residence within or
  420  outside the State of Florida may not be impaired by such
  421  communication or contact.
  422         (2) Notwithstanding the provisions of s. 63.162, the
  423  adoptive parent may, at any time, petition for review of a
  424  communication or contact order entered pursuant to subsection
  425  (1), if the adoptive parent believes that the best interests of
  426  the adopted child are being compromised, and the court may shall
  427  have authority to order the communication or contact to be
  428  terminated or modified, as the court deems to be in the best
  429  interests of the adopted child; however, the court may not
  430  increase contact between the adopted child and siblings, birth
  431  parents, or other relatives without the consent of the adoptive
  432  parent or parents. As part of the review process, the court may
  433  order the parties to engage in mediation. The department shall
  434  not be required to be a party to such review.
  435         (3) Prospective adoptive parents may enter into an
  436  agreement for contact between the child to be adopted and the
  437  birth parent, other relative, or previous foster parent of the
  438  child to be adopted. Such contact may include visits, written
  439  correspondence, telephone contact, exchange of photographs, or
  440  other similar types of contact. The agreement is enforceable by
  441  the court only if:
  442         (a) The agreement was in writing and was submitted to the
  443  court.
  444         (b) The adoptive parents have agreed to the terms of the
  445  contact agreement.
  446         (c) The court finds the contact to be in the best interests
  447  of the child.
  448         (d) The child, if 12 years of age or older, has agreed to
  449  the contact outlined in the agreement.
  450         (4) All parties must acknowledge that a dispute regarding
  451  the contact agreement does not affect the validity or finality
  452  of the adoption and that a breach of the agreement may not be
  453  grounds to set aside the adoption or otherwise impact the
  454  validity or finality of the adoption in any way.
  455         (5) An adoptive parent may terminate the contact between
  456  the child and the birth parent, other relative, or foster parent
  457  if the adoptive parent reasonably believes that the contact is
  458  detrimental to the best interests of the child.
  459         (6) In order to terminate the agreement for contact, the
  460  adoptive parent must file a notice of intent to terminate the
  461  contact agreement with the court that initially approved the
  462  contact agreement, and provide a copy of the notice to the
  463  adoption entity that placed the child, if any, and to the birth
  464  parent, other relative, or foster parent of the child who is a
  465  party to the agreement, outlining the reasons for termination of
  466  the agreement.
  467         (7) If appropriate under the circumstances of the case, the
  468  court may order the parties to participate in mediation to
  469  attempt to resolve the issues with the contact agreement. The
  470  mediation shall be conducted pursuant to s. 61.183. The
  471  petitioner shall be responsible for payment for the services of
  472  the mediator.
  473         (8) The court may modify the terms of the agreement in
  474  order to serve the best interests of the child, but may not
  475  increase the amount or type of contact unless the adoptive
  476  parents agree to the increase in contact or change in the type
  477  of contact.
  478         (9) An agreement for contact entered into under this
  479  subsection is enforceable even if it does not fully disclose the
  480  identity of the parties to the agreement or if identifying
  481  information has been redacted from the agreement.
  482         Section 8. Subsections (1), (2), (3), and (6) of section
  483  63.052, Florida Statutes, are amended to read:
  484         63.052 Guardians designated; proof of commitment.—
  485         (1) For minors who have been placed for adoption with and
  486  permanently committed to an adoption entity, other than an
  487  intermediary, such adoption entity shall be the guardian of the
  488  person of the minor and has the responsibility and authority to
  489  provide for the needs and welfare of the minor.
  490         (2) For minors who have been voluntarily surrendered to an
  491  intermediary through an execution of a consent to adoption, the
  492  intermediary shall be responsible for the minor until the time a
  493  court orders preliminary approval of placement of the minor in
  494  the prospective adoptive home, after which time the prospective
  495  adoptive parents shall become guardians pending finalization of
  496  adoption, subject to the intermediary’s right and responsibility
  497  to remove the child from the prospective adoptive home if the
  498  removal is deemed by the intermediary to be in the best
  499  interests interest of the child. The intermediary may not remove
  500  the child without a court order unless the child is in danger of
  501  imminent harm. The intermediary does not become responsible for
  502  the minor child’s medical bills that were incurred before taking
  503  physical custody of the child after the execution of adoption
  504  consents. Prior to the court’s entry of an order granting
  505  preliminary approval of the placement, the intermediary shall
  506  have the responsibility and authority to provide for the needs
  507  and welfare of the minor. A No minor may not shall be placed in
  508  a prospective adoptive home until that home has received a
  509  favorable preliminary home study, as provided in s. 63.092,
  510  completed and approved within 1 year before such placement in
  511  the prospective home. The provisions of s. 627.6578 shall remain
  512  in effect notwithstanding the guardianship provisions in this
  513  section.
  514         (3) If a minor is surrendered to an adoption entity for
  515  subsequent adoption and a suitable prospective adoptive home is
  516  not available pursuant to s. 63.092 at the time the minor is
  517  surrendered to the adoption entity, the minor must be placed in
  518  a licensed foster care home, or with a person or family that has
  519  received a favorable preliminary home study pursuant to
  520  subsection (2), or with a relative until such a suitable
  521  prospective adoptive home is available.
  522         (6) Unless otherwise authorized by law or ordered by the
  523  court, the department is not responsible for expenses incurred
  524  by other adoption entities participating in a placement of a
  525  minor.
  526         Section 9. Subsections (2) and (3) of section 63.053,
  527  Florida Statutes, are amended to read:
  528         63.053 Rights and responsibilities of an unmarried
  529  biological father; legislative findings.—
  530         (2) The Legislature finds that the interests of the state,
  531  the mother, the child, and the adoptive parents described in
  532  this chapter outweigh the interest of an unmarried biological
  533  father who does not take action in a timely manner to establish
  534  and demonstrate a relationship with his child in accordance with
  535  the requirements of this chapter. An unmarried biological father
  536  has the primary responsibility to protect his rights and is
  537  presumed to know that his child may be adopted without his
  538  consent unless he strictly complies with the provisions of this
  539  chapter and demonstrates a prompt and full commitment to his
  540  parental responsibilities.
  541         (3) The Legislature finds that a birth mother and a birth
  542  father have a right of to privacy.
  543         Section 10. Subsections (1), (2), (4), and (13) of section
  544  63.054, Florida Statutes, are amended to read:
  545         63.054 Actions required by an unmarried biological father
  546  to establish parental rights; Florida Putative Father Registry.—
  547         (1) In order to preserve the right to notice and consent to
  548  an adoption under this chapter, an unmarried biological father
  549  must, as the “registrant,” file a notarized claim of paternity
  550  form with the Florida Putative Father Registry maintained by the
  551  Office of Vital Statistics of the Department of Health which
  552  includes confirmation of his willingness and intent to support
  553  the child for whom paternity is claimed in accordance with state
  554  law. The claim of paternity may be filed at any time before the
  555  child’s birth, but may not be filed after the date a petition is
  556  filed for termination of parental rights. In each proceeding for
  557  termination of parental rights, the petitioner must submit to
  558  the Office of Vital Statistics a copy of the petition for
  559  termination of parental rights or a document executed by the
  560  clerk of the court showing the style of the case, the names of
  561  the persons whose rights are sought to be terminated, and the
  562  date and time of the filing of the petition. The Office of Vital
  563  Statistics may not record a claim of paternity after the date a
  564  petition for termination of parental rights is filed. The
  565  failure of an unmarried biological father to file a claim of
  566  paternity with the registry before the date a petition for
  567  termination of parental rights is filed also bars him from
  568  filing a paternity claim under chapter 742.
  569         (a) An unmarried biological father is excepted from the
  570  time limitations for filing a claim of paternity with the
  571  registry or for filing a paternity claim under chapter 742, if:
  572         1. The mother identifies him to the adoption entity as a
  573  potential biological father by the date she executes a consent
  574  for adoption; and
  575         2. He is served with a notice of intended adoption plan
  576  pursuant to s. 63.062(3) and the 30-day mandatory response date
  577  is later than the date the petition for termination of parental
  578  rights is filed with the court.
  579         (b) If an unmarried biological father falls within the
  580  exception provided by paragraph (a), the petitioner shall also
  581  submit to the Office of Vital Statistics a copy of the notice of
  582  intended adoption plan and proof of service of the notice on the
  583  potential biological father.
  584         (c) An unmarried biological father who falls within the
  585  exception provided by paragraph (a) may not file a claim of
  586  paternity with the registry or a paternity claim under chapter
  587  742 after the 30-day mandatory response date to the notice of
  588  intended adoption plan has expired. The Office of Vital
  589  Statistics may not record a claim of paternity 30 days after
  590  service of the notice of intended adoption plan.
  591         (2) By filing a claim of paternity form with the Office of
  592  Vital Statistics, the registrant expressly consents to submit to
  593  and pay for DNA testing upon the request of any party, the
  594  registrant, or the adoption entity with respect to the child
  595  referenced in the claim of paternity.
  596         (4) Upon initial registration, or at any time thereafter,
  597  the registrant may designate a physical an address other than
  598  his residential address for sending any communication regarding
  599  his registration. Similarly, upon initial registration, or at
  600  any time thereafter, the registrant may designate, in writing,
  601  an agent or representative to receive any communication on his
  602  behalf and receive service of process. The agent or
  603  representative must file an acceptance of the designation, in
  604  writing, in order to receive notice or service of process. The
  605  failure of the designated representative or agent of the
  606  registrant to deliver or otherwise notify the registrant of
  607  receipt of correspondence from the Florida Putative Father
  608  Registry is at the registrant’s own risk and may shall not serve
  609  as a valid defense based upon lack of notice.
  610         (13) The filing of a claim of paternity with the Florida
  611  Putative Father Registry does not excuse or waive the obligation
  612  of a petitioner to comply with the requirements of s. 63.088(4)
  613  for conducting a diligent search and required inquiry with
  614  respect to the identity of an unmarried biological father or
  615  legal father which are set forth in this chapter.
  616         Section 11. Paragraph (b) of subsection (1), subsections
  617  (2), (3), and (4), and paragraph (a) of subsection (8) of
  618  section 63.062, Florida Statutes, are amended to read:
  619         63.062 Persons required to consent to adoption; affidavit
  620  of nonpaternity; waiver of venue.—
  621         (1) Unless supported by one or more of the grounds
  622  enumerated under s. 63.089(3), a petition to terminate parental
  623  rights pending adoption may be granted only if written consent
  624  has been executed as provided in s. 63.082 after the birth of
  625  the minor or notice has been served under s. 63.088 to:
  626         (b) The father of the minor, if:
  627         1. The minor was conceived or born while the father was
  628  married to the mother;
  629         2. The minor is his child by adoption;
  630         3. The minor has been adjudicated by the court to be his
  631  child before by the date a petition is filed for termination of
  632  parental rights is filed;
  633         4. He has filed an affidavit of paternity pursuant to s.
  634  382.013(2)(c) or he is listed on the child’s birth certificate
  635  before by the date a petition is filed for termination of
  636  parental rights is filed; or
  637         5. In the case of an unmarried biological father, he has
  638  acknowledged in writing, signed in the presence of a competent
  639  witness, that he is the father of the minor, has filed such
  640  acknowledgment with the Office of Vital Statistics of the
  641  Department of Health within the required timeframes, and has
  642  complied with the requirements of subsection (2).
  643  
  644  The status of the father shall be determined at the time of the
  645  filing of the petition to terminate parental rights and may not
  646  be modified, except as otherwise provided in s. 63.0423(9)(a),
  647  for purposes of his obligations and rights under this chapter by
  648  acts occurring after the filing of the petition to terminate
  649  parental rights.
  650         (2) In accordance with subsection (1), the consent of an
  651  unmarried biological father shall be necessary only if the
  652  unmarried biological father has complied with the requirements
  653  of this subsection.
  654         (a)1. With regard to a child who is placed with adoptive
  655  parents more than 6 months after the child’s birth, an unmarried
  656  biological father must have developed a substantial relationship
  657  with the child, taken some measure of responsibility for the
  658  child and the child’s future, and demonstrated a full commitment
  659  to the responsibilities of parenthood by providing reasonable
  660  and regular financial support to the child in accordance with
  661  the unmarried biological father’s ability, if not prevented from
  662  doing so by the person or authorized agency having lawful
  663  custody of the child, and either:
  664         a. Regularly visited the child at least monthly, when
  665  physically and financially able to do so and when not prevented
  666  from doing so by the birth mother or the person or authorized
  667  agency having lawful custody of the child; or
  668         b. Maintained regular communication with the child or with
  669  the person or agency having the care or custody of the child,
  670  when physically or financially unable to visit the child or when
  671  not prevented from doing so by the birth mother or person or
  672  authorized agency having lawful custody of the child.
  673         2. The mere fact that an unmarried biological father
  674  expresses a desire to fulfill his responsibilities towards his
  675  child which is unsupported by acts evidencing this intent does
  676  not preclude a finding by the court that the unmarried
  677  biological father failed to comply with the requirements of this
  678  subsection.
  679         2.3. An unmarried biological father who openly lived with
  680  the child for at least 6 months within the 1-year period
  681  following the birth of the child and immediately preceding
  682  placement of the child with adoptive parents and who openly held
  683  himself out to be the father of the child during that period
  684  shall be deemed to have developed a substantial relationship
  685  with the child and to have otherwise met the requirements of
  686  this paragraph.
  687         (b) With regard to a child who is younger than 6 months of
  688  age or younger at the time the child is placed with the adoptive
  689  parents, an unmarried biological father must have demonstrated a
  690  full commitment to his parental responsibility by having
  691  performed all of the following acts prior to the time the mother
  692  executes her consent for adoption:
  693         1. Filed a notarized claim of paternity form with the
  694  Florida Putative Father Registry within the Office of Vital
  695  Statistics of the Department of Health, which form shall be
  696  maintained in the confidential registry established for that
  697  purpose and shall be considered filed when the notice is entered
  698  in the registry of notices from unmarried biological fathers.
  699         2. Upon service of a notice of an intended adoption plan or
  700  a petition for termination of parental rights pending adoption,
  701  executed and filed an affidavit in that proceeding stating that
  702  he is personally fully able and willing to take responsibility
  703  for the child, setting forth his plans for care of the child,
  704  and agreeing to a court order of child support and a
  705  contribution to the payment of living and medical expenses
  706  incurred for the mother’s pregnancy and the child’s birth in
  707  accordance with his ability to pay.
  708         3. If he had knowledge of the pregnancy, paid a fair and
  709  reasonable amount of the living and medical expenses incurred in
  710  connection with the mother’s pregnancy and the child’s birth, in
  711  accordance with his financial ability and when not prevented
  712  from doing so by the birth mother or person or authorized agency
  713  having lawful custody of the child. The responsibility of the
  714  unmarried biological father to provide financial assistance to
  715  the birth mother during her pregnancy and to the child after
  716  birth is not abated because support is being provided to the
  717  birth mother or child by the adoption entity, a prospective
  718  adoptive parent, or a third party, nor does it serve as a basis
  719  to excuse the birth father’s failure to provide support.
  720         (c) The mere fact that a father expresses a desire to
  721  fulfill his responsibilities towards his child which is
  722  unsupported by acts evidencing this intent does not meet the
  723  requirements of this section.
  724         (d)(c) The petitioner shall file with the court a
  725  certificate from the Office of Vital Statistics stating that a
  726  diligent search has been made of the Florida Putative Father
  727  Registry of notices from unmarried biological fathers described
  728  in subparagraph (b)1. and that no filing has been found
  729  pertaining to the father of the child in question or, if a
  730  filing is found, stating the name of the putative father and the
  731  time and date of filing. That certificate shall be filed with
  732  the court prior to the entry of a final judgment of termination
  733  of parental rights.
  734         (e)(d) An unmarried biological father who does not comply
  735  with each of the conditions provided in this subsection is
  736  deemed to have waived and surrendered any rights in relation to
  737  the child, including the right to notice of any judicial
  738  proceeding in connection with the adoption of the child, and his
  739  consent to the adoption of the child is not required.
  740         (3) Pursuant to chapter 48, an adoption entity shall serve
  741  a notice of intended adoption plan upon any known and locatable
  742  unmarried biological father who is identified to the adoption
  743  entity by the mother by the date she signs her consent for
  744  adoption if the child is 6 months of age or less at the time the
  745  consent is executed or who is identified by a diligent search of
  746  the Florida Putative Father Registry, or upon an entity whose
  747  consent is required. Service of the notice of intended adoption
  748  plan is not required mandatory when the unmarried biological
  749  father signs a consent for adoption or an affidavit of
  750  nonpaternity or when the child is more than 6 months of age at
  751  the time of the execution of the consent by the mother. The
  752  notice may be served at any time before the child’s birth or
  753  before placing the child in the adoptive home. The recipient of
  754  the notice may waive service of process by executing a waiver
  755  and acknowledging receipt of the plan. The notice of intended
  756  adoption plan must specifically state that if the unmarried
  757  biological father desires to contest the adoption plan he must,
  758  within 30 days after service, file with the court a verified
  759  response that contains a pledge of commitment to the child in
  760  substantial compliance with subparagraph (2)(b)2. and a claim of
  761  paternity form with the Office of Vital Statistics, and must
  762  provide the adoption entity with a copy of the verified response
  763  filed with the court and the claim of paternity form filed with
  764  the Office of Vital Statistics. The notice must also include
  765  instructions for submitting a claim of paternity form to the
  766  Office of Vital Statistics and the address to which the claim
  767  must be sent. If the party served with the notice of intended
  768  adoption plan is an entity whose consent is required, the notice
  769  must specifically state that the entity must file, within 30
  770  days after service, a verified response setting forth a legal
  771  basis for contesting the intended adoption plan, specifically
  772  addressing the best interests interest of the child.
  773         (a) If the unmarried biological father or entity whose
  774  consent is required fails to timely and properly file a verified
  775  response with the court and, in the case of an unmarried
  776  biological father, a claim of paternity form with the Office of
  777  Vital Statistics, the court shall enter a default judgment
  778  against the any unmarried biological father or entity and the
  779  consent of that unmarried biological father or entity shall no
  780  longer be required under this chapter and shall be deemed to
  781  have waived any claim of rights to the child. To avoid an entry
  782  of a default judgment, within 30 days after receipt of service
  783  of the notice of intended adoption plan:
  784         1. The unmarried biological father must:
  785         a. File a claim of paternity with the Florida Putative
  786  Father Registry maintained by the Office of Vital Statistics;
  787         b. File a verified response with the court which contains a
  788  pledge of commitment to the child in substantial compliance with
  789  subparagraph (2)(b)2.; and
  790         c. Provide support for the birth mother and the child.
  791         2. The entity whose consent is required must file a
  792  verified response setting forth a legal basis for contesting the
  793  intended adoption plan, specifically addressing the best
  794  interests interest of the child.
  795         (b) If the mother identifies a potential unmarried
  796  biological father within the timeframes required by the statute,
  797  whose location is unknown, the adoption entity shall conduct a
  798  diligent search pursuant to s. 63.088. If, upon completion of a
  799  diligent search, the potential unmarried biological father’s
  800  location remains unknown and a search of the Florida Putative
  801  Father Registry fails to reveal a match, the adoption entity
  802  shall request in the petition for termination of parental rights
  803  pending adoption that the court declare the diligent search to
  804  be in compliance with s. 63.088, that the adoption entity has no
  805  further obligation to provide notice to the potential unmarried
  806  biological father, and that the potential unmarried biological
  807  father’s consent to the adoption is not required.
  808         (4) Any person whose consent is required under paragraph
  809  (1)(b), or any other man, may execute an irrevocable affidavit
  810  of nonpaternity in lieu of a consent under this section and by
  811  doing so waives notice to all court proceedings after the date
  812  of execution. An affidavit of nonpaternity must be executed as
  813  provided in s. 63.082. The affidavit of nonpaternity may be
  814  executed prior to the birth of the child. The person executing
  815  the affidavit must receive disclosure under s. 63.085 prior to
  816  signing the affidavit. For purposes of this chapter, an
  817  affidavit of nonpaternity is sufficient if it contains a
  818  specific denial of parental obligations and does not need to
  819  deny the existence of a biological relationship.
  820         (8) A petition to adopt an adult may be granted if:
  821         (a) Written consent to adoption has been executed by the
  822  adult and the adult’s spouse, if any, unless the spouse’s
  823  consent is waived by the court for good cause.
  824         Section 12. Subsection (2) of section 63.063, Florida
  825  Statutes, is amended to read:
  826         63.063 Responsibility of parents for actions; fraud or
  827  misrepresentation; contesting termination of parental rights and
  828  adoption.—
  829         (2) Any person injured by a fraudulent representation or
  830  action in connection with an adoption may pursue civil or
  831  criminal penalties as provided by law. A fraudulent
  832  representation is not a defense to compliance with the
  833  requirements of this chapter and is not a basis for dismissing a
  834  petition for termination of parental rights or a petition for
  835  adoption, for vacating an adoption decree, or for granting
  836  custody to the offended party. Custody and adoption
  837  determinations must be based on the best interests interest of
  838  the child in accordance with s. 61.13.
  839         Section 13. Paragraph (d) of subsection (1), paragraphs (c)
  840  and (d) of subsection (3), paragraphs (a), (d), and (e) of
  841  subsection (4), and subsections (6) and (7) of section 63.082,
  842  Florida Statutes, are amended to read:
  843         63.082 Execution of consent to adoption or affidavit of
  844  nonpaternity; family social and medical history; revocation
  845  withdrawal of consent.—
  846         (1)
  847         (d) The notice and consent provisions of this chapter as
  848  they relate to the father birth of a child or to legal fathers
  849  do not apply in cases in which the child is conceived as a
  850  result of a violation of the criminal laws of this or another
  851  state or country, including, but not limited to, sexual battery,
  852  unlawful sexual activity with certain minors under s. 794.05,
  853  lewd acts perpetrated upon a minor, or incest. A criminal
  854  conviction is not required for the court to find that the child
  855  was conceived as a result of a violation of the criminal laws of
  856  this state or another state or country.
  857         (3)
  858         (c) If any person who is required to consent is unavailable
  859  because the person cannot be located, an the petition to
  860  terminate parental rights pending adoption must be accompanied
  861  by the affidavit of diligent search required under s. 63.088
  862  shall be filed.
  863         (d) If any person who is required to consent is unavailable
  864  because the person is deceased, the petition to terminate
  865  parental rights pending adoption must be accompanied by a
  866  certified copy of the death certificate. In an adoption of a
  867  stepchild or a relative, the certified copy of the death
  868  certificate of the person whose consent is required may must be
  869  attached to the petition for adoption if a separate petition for
  870  termination of parental rights is not being filed.
  871         (4)(a) An affidavit of nonpaternity may be executed before
  872  the birth of the minor; however, the consent to an adoption may
  873  shall not be executed before the birth of the minor except in a
  874  preplanned adoption pursuant to s. 63.213.
  875         (d) The consent to adoption or the affidavit of
  876  nonpaternity must be signed in the presence of two witnesses and
  877  be acknowledged before a notary public who is not signing as one
  878  of the witnesses. The notary public must legibly note on the
  879  consent or the affidavit the date and time of execution. The
  880  witnesses’ names must be typed or printed underneath their
  881  signatures. The witnesses’ home or business addresses must be
  882  included. The person who signs the consent or the affidavit has
  883  the right to have at least one of the witnesses be an individual
  884  who does not have an employment, professional, or personal
  885  relationship with the adoption entity or the prospective
  886  adoptive parents. The adoption entity must give reasonable
  887  advance notice to the person signing the consent or affidavit of
  888  the right to select a witness of his or her own choosing. The
  889  person who signs the consent or affidavit must acknowledge in
  890  writing on the consent or affidavit that such notice was given
  891  and indicate the witness, if any, who was selected by the person
  892  signing the consent or affidavit. The adoption entity must
  893  include its name, address, and telephone number on the consent
  894  to adoption or affidavit of nonpaternity.
  895         (e) A consent to adoption being executed by the birth
  896  parent must be in at least 12-point boldfaced type and shall
  897  contain the following recitation of rights in substantially the
  898  following form:
  899                         CONSENT TO ADOPTION                       
  900  
  901  YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
  902  HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
  903  THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
  904  PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
  905  WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
  906  NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
  907  WITNESSES YOU SELECTED, IF ANY.
  908  
  909  YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
  910  FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
  911  CONSENT:
  912  
  913         1. CONSULT WITH AN ATTORNEY;
  914         2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
  915  LEGALLY PROHIBITED;
  916         3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
  917  FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
  918         4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED;
  919  AND
  920         5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
  921  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
  922  
  923  IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
  924  YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
  925  EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
  926  YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
  927  FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL
  928  OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
  929  IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
  930  FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
  931  BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
  932  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
  933  SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
  934  CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
  935  BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
  936  BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
  937  VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED
  938  WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
  939  DURESS.
  940  
  941  IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
  942  AND YOU WISH TO INVALIDATE REVOKE THAT CONSENT, YOU MUST:
  943  
  944         1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
  945  YOU WISH TO WITHDRAW YOUR CONSENT; AND
  946         2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
  947  DURESS.
  948  
  949  This statement of rights is not required for the adoption of a
  950  relative, an adult, a stepchild, or a child older than 6 months
  951  of age. A consent form for the adoption of a child older than 6
  952  months of age at the time of the execution of consent must
  953  contain a statement outlining the revocation rights provided in
  954  paragraph (c).
  955         (6)(a) If a parent executes a consent for placement of a
  956  minor with an adoption entity or qualified prospective adoptive
  957  parents and the minor child is in the custody of the department,
  958  but parental rights have not yet been terminated, the adoption
  959  consent is valid, binding, and enforceable by the court.
  960         (b) Upon execution of the consent of the parent, the
  961  adoption entity shall be permitted to may intervene in the
  962  dependency case as a party in interest and must provide the
  963  court that acquired having jurisdiction over the minor, pursuant
  964  to the shelter or dependency petition filed by the department, a
  965  copy of the preliminary home study of the prospective adoptive
  966  parents and any other evidence of the suitability of the
  967  placement. The preliminary home study must be maintained with
  968  strictest confidentiality within the dependency court file and
  969  the department’s file. A preliminary home study must be provided
  970  to the court in all cases in which an adoption entity has
  971  intervened pursuant to this section. Unless the court has
  972  concerns regarding the qualifications of the home study
  973  provider, or concerns that the home study may not be adequate to
  974  determine the best interests of the child, the home study
  975  provided by the adoption entity shall be deemed to be sufficient
  976  and no additional home study needs to be performed by the
  977  department.
  978         (c) If an adoption entity files a motion to intervene in
  979  the dependency case in accordance with this chapter, the
  980  dependency court shall promptly grant a hearing to determine
  981  whether the adoption entity has filed the required documents to
  982  be permitted to intervene and whether a change of placement of
  983  the child is appropriate.
  984         (d)(c) Upon a determination by the court that the
  985  prospective adoptive parents are properly qualified to adopt the
  986  minor child and that the adoption appears to be in the best
  987  interests interest of the minor child, the court shall
  988  immediately order the transfer of custody of the minor child to
  989  the prospective adoptive parents, under the supervision of the
  990  adoption entity. The adoption entity shall thereafter provide
  991  monthly supervision reports to the department until finalization
  992  of the adoption.
  993         (e)(d) In determining whether the best interests interest
  994  of the child are is served by transferring the custody of the
  995  minor child to the prospective adoptive parent selected by the
  996  parent, the court shall consider the rights of the parent to
  997  determine an appropriate placement for the child, the permanency
  998  offered, the child’s bonding with any potential adoptive home
  999  that the child has been residing in, and the importance of
 1000  maintaining sibling relationships, if possible.
 1001         (7) If a person is seeking to revoke withdraw consent for a
 1002  child older than 6 months of age who has been placed with
 1003  prospective adoptive parents:
 1004         (a) The person seeking to revoke withdraw consent must, in
 1005  accordance with paragraph (4)(c), notify the adoption entity in
 1006  writing by certified mail, return receipt requested, within 3
 1007  business days after execution of the consent. As used in this
 1008  subsection, the term “business day” means any day on which the
 1009  United States Postal Service accepts certified mail for
 1010  delivery.
 1011         (b) Upon receiving timely written notice from a person
 1012  whose consent to adoption is required of that person’s desire to
 1013  revoke withdraw consent, the adoption entity must contact the
 1014  prospective adoptive parent to arrange a time certain for the
 1015  adoption entity to regain physical custody of the minor, unless,
 1016  upon a motion for emergency hearing by the adoption entity, the
 1017  court determines in written findings that placement of the minor
 1018  with the person who had legal or physical custody of the child
 1019  immediately before the child was placed for adoption may
 1020  endanger the minor or that the person who desires to revoke
 1021  withdraw consent is not required to consent to the adoption, has
 1022  been determined to have abandoned the child, or is otherwise
 1023  subject to a determination that the person’s consent is waived
 1024  under this chapter.
 1025         (c) If the court finds that the placement may endanger the
 1026  minor, the court shall enter an order continuing the placement
 1027  of the minor with the prospective adoptive parents pending
 1028  further proceedings if they desire continued placement. If the
 1029  prospective adoptive parents do not desire continued placement,
 1030  the order must include, but need not be limited to, a
 1031  determination of whether temporary placement in foster care,
 1032  with the person who had legal or physical custody of the child
 1033  immediately before placing the child for adoption, or with a
 1034  relative is in the best interests interest of the child and
 1035  whether an investigation by the department is recommended.
 1036         (d) If the person revoking withdrawing consent claims to be
 1037  the father of the minor but has not been established to be the
 1038  father by marriage, court order, or scientific testing, the
 1039  court may order scientific paternity testing and reserve ruling
 1040  on removal of the minor until the results of such testing have
 1041  been filed with the court.
 1042         (e) The adoption entity must return the minor within 3
 1043  business days after timely and proper notification of the
 1044  revocation withdrawal of consent or after the court determines
 1045  that revocation withdrawal is timely and in accordance with the
 1046  requirements of this chapter valid and binding upon
 1047  consideration of an emergency motion, as filed pursuant to
 1048  paragraph (b), to the physical custody of the person revoking
 1049  withdrawing consent or the person directed by the court. If the
 1050  person seeking to revoke withdraw consent claims to be the
 1051  father of the minor but has not been established to be the
 1052  father by marriage, court order, or scientific testing, the
 1053  adoption entity may return the minor to the care and custody of
 1054  the mother, if she desires such placement and she is not
 1055  otherwise prohibited by law from having custody of the child.
 1056         (f) Following the revocation period for withdrawal of
 1057  consent described in paragraph (a), or the placement of the
 1058  child with the prospective adoptive parents, whichever occurs
 1059  later, consent may be set aside withdrawn only when the court
 1060  finds that the consent was obtained by fraud or duress.
 1061         (g) An affidavit of nonpaternity may be set aside withdrawn
 1062  only if the court finds that the affidavit was obtained by fraud
 1063  or duress.
 1064         (h) If the consent of one parent is set aside or revoked in
 1065  accordance with this chapter, any other consents executed by the
 1066  other parent or a third party whose consent is required for the
 1067  adoption of the child may not be used by the parent whose
 1068  consent was revoked or set aside to terminate or diminish the
 1069  rights of the other parent or third party whose consent was
 1070  required for the adoption of the child.
 1071         Section 14. Subsection (1) and paragraph (a) of subsection
 1072  (2) of section 63.085, Florida Statutes, are amended, and
 1073  paragraph (c) is added to subsection (2) of that section, to
 1074  read:
 1075         63.085 Disclosure by adoption entity.—
 1076         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
 1077  PARENTS.—Within 14 days after a person seeking to adopt a minor
 1078  or a person seeking to place a minor for adoption contacts an
 1079  adoption entity in person or provides the adoption entity with a
 1080  mailing address, the entity must provide a written disclosure
 1081  statement to that person if the entity agrees or continues to
 1082  work with the person. The adoption entity shall also provide the
 1083  written disclosure to the parent who did not initiate contact
 1084  with the adoption entity within 14 days after that parent is
 1085  identified and located. For purposes of providing the written
 1086  disclosure, a person is considered to be seeking to place a
 1087  minor for adoption if that person has sought information or
 1088  advice from the adoption entity regarding the option of adoptive
 1089  placement. The written disclosure statement must be in
 1090  substantially the following form:
 1091  
 1092                         ADOPTION DISCLOSURE                       
 1093  THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
 1094  PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
 1095  FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
 1096  ADOPTION UNDER FLORIDA LAW:
 1097  
 1098         1. The name, address, and telephone number of the adoption
 1099  entity providing this disclosure is:
 1100         Name:
 1101         Address:
 1102         Telephone Number:
 1103         2. The adoption entity does not provide legal
 1104  representation or advice to parents or anyone signing a consent
 1105  for adoption or affidavit of nonpaternity, and parents have the
 1106  right to consult with an attorney of their own choosing to
 1107  advise them.
 1108         3. With the exception of an adoption by a stepparent or
 1109  relative, a child cannot be placed into a prospective adoptive
 1110  home unless the prospective adoptive parents have received a
 1111  favorable preliminary home study, including criminal and child
 1112  abuse clearances.
 1113         4. A valid consent for adoption may not be signed by the
 1114  birth mother until 48 hours after the birth of the child, or the
 1115  day the birth mother is notified, in writing, that she is fit
 1116  for discharge from the licensed hospital or birth center. Any
 1117  man may sign a valid consent for adoption at any time after the
 1118  birth of the child.
 1119         5. A consent for adoption signed before the child attains
 1120  the age of 6 months is binding and irrevocable from the moment
 1121  it is signed unless it can be proven in court that the consent
 1122  was obtained by fraud or duress. A consent for adoption signed
 1123  after the child attains the age of 6 months is valid from the
 1124  moment it is signed; however, it may be revoked up to 3 business
 1125  days after it was signed.
 1126         6. A consent for adoption is not valid if the signature of
 1127  the person who signed the consent was obtained by fraud or
 1128  duress.
 1129         7. An unmarried biological father must act immediately in
 1130  order to protect his parental rights. Section 63.062, Florida
 1131  Statutes, prescribes that any father seeking to establish his
 1132  right to consent to the adoption of his child must file a claim
 1133  of paternity with the Florida Putative Father Registry
 1134  maintained by the Office of Vital Statistics of the Department
 1135  of Health by the date a petition to terminate parental rights is
 1136  filed with the court, or within 30 days after receiving service
 1137  of a Notice of Intended Adoption Plan. If he receives a Notice
 1138  of Intended Adoption Plan, he must file a claim of paternity
 1139  with the Florida Putative Father Registry, file a parenting plan
 1140  with the court, and provide financial support to the mother or
 1141  child within 30 days following service. An unmarried biological
 1142  father’s failure to timely respond to a Notice of Intended
 1143  Adoption Plan constitutes an irrevocable legal waiver of any and
 1144  all rights that the father may have to the child. A claim of
 1145  paternity registration form for the Florida Putative Father
 1146  Registry may be obtained from any local office of the Department
 1147  of Health, Office of Vital Statistics, the Department of
 1148  Children and Families, the Internet websites for these agencies,
 1149  and the offices of the clerks of the Florida circuit courts. The
 1150  claim of paternity form must be submitted to the Office of Vital
 1151  Statistics, Attention: Adoption Unit, P.O. Box 210,
 1152  Jacksonville, FL 32231.
 1153         8. There are alternatives to adoption, including foster
 1154  care, relative care, and parenting the child. There may be
 1155  services and sources of financial assistance in the community
 1156  available to parents if they choose to parent the child.
 1157         9. A parent has the right to have a witness of his or her
 1158  choice, who is unconnected with the adoption entity or the
 1159  adoptive parents, to be present and witness the signing of the
 1160  consent or affidavit of nonpaternity.
 1161         10. A parent 14 years of age or younger must have a parent,
 1162  legal guardian, or court-appointed guardian ad litem to assist
 1163  and advise the parent as to the adoption plan and to witness
 1164  consent.
 1165         11. A parent has a right to receive supportive counseling
 1166  from a counselor, social worker, physician, clergy, or attorney.
 1167         12. The payment of living or medical expenses by the
 1168  prospective adoptive parents before the birth of the child does
 1169  not, in any way, obligate the parent to sign the consent for
 1170  adoption.
 1171  
 1172         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
 1173         (a) At the time that an adoption entity is responsible for
 1174  selecting prospective adoptive parents for a born or unborn
 1175  child whose parents are seeking to place the child for adoption
 1176  or whose rights were terminated pursuant to chapter 39, the
 1177  adoption entity must provide the prospective adoptive parents
 1178  with information concerning the background of the child to the
 1179  extent such information is disclosed to the adoption entity by
 1180  the parents, legal custodian, or the department. This subsection
 1181  applies only if the adoption entity identifies the prospective
 1182  adoptive parents and supervises the physical placement of the
 1183  child in the prospective adoptive parents’ home. If any
 1184  information cannot be disclosed because the records custodian
 1185  failed or refused to produce the background information, the
 1186  adoption entity has a duty to provide the information if it
 1187  becomes available. An individual or entity contacted by an
 1188  adoption entity to obtain the background information must
 1189  release the requested information to the adoption entity without
 1190  the necessity of a subpoena or a court order. In all cases, the
 1191  prospective adoptive parents must receive all available
 1192  information by the date of the final hearing on the petition for
 1193  adoption. The information to be disclosed includes:
 1194         1. A family social and medical history form completed
 1195  pursuant to s. 63.162(6).
 1196         2. The biological mother’s medical records documenting her
 1197  prenatal care and the birth and delivery of the child.
 1198         3. A complete set of the child’s medical records
 1199  documenting all medical treatment and care since the child’s
 1200  birth and before placement.
 1201         4. All mental health, psychological, and psychiatric
 1202  records, reports, and evaluations concerning the child before
 1203  placement.
 1204         5. The child’s educational records, including all records
 1205  concerning any special education needs of the child before
 1206  placement.
 1207         6. Records documenting all incidents that required the
 1208  department to provide services to the child, including all
 1209  orders of adjudication of dependency or termination of parental
 1210  rights issued pursuant to chapter 39, any case plans drafted to
 1211  address the child’s needs, all protective services
 1212  investigations identifying the child as a victim, and all
 1213  guardian ad litem reports filed with the court concerning the
 1214  child.
 1215         7. Written information concerning the availability of
 1216  adoption subsidies for the child, if applicable.
 1217         (c) If the prospective adoptive parents waive the receipt
 1218  of any of the records described in paragraph (a), a copy of the
 1219  written notification of the waiver to the adoption entity shall
 1220  be filed with the court.
 1221         Section 15. Subsection (6) of section 63.087, Florida
 1222  Statutes, is amended to read:
 1223         63.087 Proceeding to terminate parental rights pending
 1224  adoption; general provisions.—
 1225         (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the
 1226  petition or any pleading requiring an answer must be filed in
 1227  accordance with the Florida Family Law Rules of Procedure.
 1228  Failure to file a written response to the petition constitutes
 1229  grounds upon which the court may terminate parental rights.
 1230  Failure to personally appear at the hearing constitutes grounds
 1231  upon which the court may terminate parental rights. Any person
 1232  present at the hearing to terminate parental rights pending
 1233  adoption whose consent to adoption is required under s. 63.062
 1234  must:
 1235         (a) Be advised by the court that he or she has a right to
 1236  ask that the hearing be reset for a later date so that the
 1237  person may consult with an attorney; and
 1238         (b) Be given an opportunity to admit or deny the
 1239  allegations in the petition.
 1240         Section 16. Subsection (4) of section 63.088, Florida
 1241  Statutes, is amended to read:
 1242         63.088 Proceeding to terminate parental rights pending
 1243  adoption; notice and service; diligent search.—
 1244         (4) REQUIRED INQUIRY.—In proceedings initiated under s.
 1245  63.087, the court shall conduct an inquiry of the person who is
 1246  placing the minor for adoption and of any relative or person
 1247  having legal custody of the minor who is present at the hearing
 1248  and likely to have the following information regarding the
 1249  identity of:
 1250         (a) Any man to whom the mother of the minor was married at
 1251  any time when conception of the minor may have occurred or at
 1252  the time of the birth of the minor;
 1253         (b) Any man who has filed an affidavit of paternity
 1254  pursuant to s. 382.013(2)(c) before the date that a petition for
 1255  termination of parental rights is filed with the court;
 1256         (c) Any man who has adopted the minor;
 1257         (d) Any man who has been adjudicated by a court as the
 1258  father of the minor child before the date a petition for
 1259  termination of parental rights is filed with the court; and
 1260         (e) Any man whom the mother identified to the adoption
 1261  entity as a potential biological father before the date she
 1262  signed the consent for adoption.
 1263  
 1264  The information sought under this subsection may be provided to
 1265  the court in the form of a sworn affidavit by a person having
 1266  personal knowledge of the facts, addressing each inquiry
 1267  enumerated in this subsection, except that, if the inquiry
 1268  identifies a father under paragraph (a), paragraph (b), or
 1269  paragraph (c), or paragraph (d), the inquiry may not continue
 1270  further. The inquiry required under this subsection may be
 1271  conducted before the birth of the minor.
 1272         Section 17. Paragraph (d) of subsection (3), paragraph (b)
 1273  of subsection (4), and subsections (5) and (7) of section
 1274  63.089, Florida Statutes, are amended to read:
 1275         63.089 Proceeding to terminate parental rights pending
 1276  adoption; hearing; grounds; dismissal of petition; judgment.—
 1277         (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
 1278  ADOPTION.—The court may enter a judgment terminating parental
 1279  rights pending adoption if the court determines by clear and
 1280  convincing evidence, supported by written findings of fact, that
 1281  each person whose consent to adoption is required under s.
 1282  63.062:
 1283         (d) Has been properly served notice of the proceeding in
 1284  accordance with the requirements of this chapter and has failed
 1285  to file a written answer or personally appear at the evidentiary
 1286  hearing resulting in the judgment terminating parental rights
 1287  pending adoption;
 1288         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1289  resulting in a termination of parental rights must be based upon
 1290  clear and convincing evidence that a parent or person having
 1291  legal custody has abandoned the child in accordance with the
 1292  definition contained in s. 63.032. A finding of abandonment may
 1293  also be based upon emotional abuse or a refusal to provide
 1294  reasonable financial support, when able, to a birth mother
 1295  during her pregnancy.
 1296         (b) The child has been abandoned when the parent of a child
 1297  is incarcerated on or after October 1, 2001, in a federal,
 1298  state, or county correctional institution and:
 1299         1. The period of time for which the parent has been or is
 1300  expected to be incarcerated will constitute a significant
 1301  portion of the child’s minority. In determining whether the
 1302  period of time is significant, the court shall consider the
 1303  child’s age and the child’s need for a permanent and stable
 1304  home. The period of time begins on the date that the parent
 1305  enters into incarceration;
 1306         2. The incarcerated parent has been determined by a court
 1307  of competent jurisdiction to be a violent career criminal as
 1308  defined in s. 775.084, a habitual violent felony offender as
 1309  defined in s. 775.084, convicted of child abuse as defined in s.
 1310  827.03, or a sexual predator as defined in s. 775.21; has been
 1311  convicted of first degree or second degree murder in violation
 1312  of s. 782.04 or a sexual battery that constitutes a capital,
 1313  life, or first degree felony violation of s. 794.011; or has
 1314  been convicted of a substantially similar offense in another
 1315  jurisdiction. As used in this section, the term “substantially
 1316  similar offense” means any offense that is substantially similar
 1317  in elements and penalties to one of those listed in this
 1318  subparagraph, and that is in violation of a law of any other
 1319  jurisdiction, whether that of another state, the District of
 1320  Columbia, the United States or any possession or territory
 1321  thereof, or any foreign jurisdiction; or
 1322         3. The court determines by clear and convincing evidence
 1323  that continuing the parental relationship with the incarcerated
 1324  parent would be harmful to the child and, for this reason,
 1325  termination of the parental rights of the incarcerated parent is
 1326  in the best interests interest of the child.
 1327         (5) DISMISSAL OF PETITION.—If the court does not find by
 1328  clear and convincing evidence that parental rights of a parent
 1329  should be terminated pending adoption, the court must dismiss
 1330  the petition and that parent’s parental rights that were the
 1331  subject of such petition shall remain in full force under the
 1332  law. The order must include written findings in support of the
 1333  dismissal, including findings as to the criteria in subsection
 1334  (4) if rejecting a claim of abandonment.
 1335         (a) Parental rights may not be terminated based upon a
 1336  consent that the court finds has been timely revoked withdrawn
 1337  under s. 63.082 or a consent to adoption or affidavit of
 1338  nonpaternity that the court finds was obtained by fraud or
 1339  duress.
 1340         (b) The court must enter an order based upon written
 1341  findings providing for the placement of the minor, but the court
 1342  may not proceed to determine custody between competing eligible
 1343  parties. The placement of the child should revert to the parent
 1344  or guardian who had physical custody of the child at the time of
 1345  the placement for adoption unless the court determines upon
 1346  clear and convincing evidence that this placement is not in the
 1347  best interests of the child or is not an available option for
 1348  the child. The court may not change the placement of a child who
 1349  has established a bonded relationship with the current caregiver
 1350  without providing for a reasonable transition plan consistent
 1351  with the best interests of the child. The court may direct the
 1352  parties to participate in a reunification or unification plan
 1353  with a qualified professional to assist the child in the
 1354  transition. The court may order scientific testing to determine
 1355  the paternity of the minor only if the court has determined that
 1356  the consent of the alleged father would be required, unless all
 1357  parties agree that such testing is in the best interests of the
 1358  child. The court may not order scientific testing to determine
 1359  paternity of an unmarried biological father if the child has a
 1360  father as described in s. 63.088(4)(a)-(d) whose rights have not
 1361  been previously terminated at any time during which the court
 1362  has jurisdiction over the minor. Further proceedings, if any,
 1363  regarding the minor must be brought in a separate custody action
 1364  under chapter 61, a dependency action under chapter 39, or a
 1365  paternity action under chapter 742.
 1366         (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.—
 1367         (a) A motion for relief from a judgment terminating
 1368  parental rights must be filed with the court originally entering
 1369  the judgment. The motion must be filed within a reasonable time,
 1370  but not later than 1 year after the entry of the judgment. An
 1371  unmarried biological father does not have standing to seek
 1372  relief from a judgment terminating parental rights if the mother
 1373  did not identify him to the adoption entity before the date she
 1374  signed a consent for adoption or if he was not located because
 1375  the mother failed or refused to provide sufficient information
 1376  to locate him.
 1377         (b) No later than 30 days after the filing of a motion
 1378  under this subsection, the court must conduct a preliminary
 1379  hearing to determine what contact, if any, shall be permitted
 1380  between a parent and the child pending resolution of the motion.
 1381  Such contact shall be considered only if it is requested by a
 1382  parent who has appeared at the hearing and may not be awarded
 1383  unless the parent previously established a bonded relationship
 1384  with the child and the parent has pled a legitimate legal basis
 1385  and established a prima facia case for setting aside the
 1386  judgment terminating parental rights. If the court orders
 1387  contact between a parent and child, the order must be issued in
 1388  writing as expeditiously as possible and must state with
 1389  specificity any provisions regarding contact with persons other
 1390  than those with whom the child resides.
 1391         (c) At the preliminary hearing, the court, upon the motion
 1392  of any party or upon its own motion, may order scientific
 1393  testing to determine the paternity of the minor if the person
 1394  seeking to set aside the judgment is alleging to be the child’s
 1395  father and that fact has not previously been determined by
 1396  legitimacy or scientific testing. The court may order visitation
 1397  with a person for whom scientific testing for paternity has been
 1398  ordered and who has previously established a bonded relationship
 1399  with the child.
 1400         (d) Unless otherwise agreed between the parties or for good
 1401  cause shown, the court shall conduct a final hearing on the
 1402  motion for relief from judgment within 45 days after the filing
 1403  and enter its written order as expeditiously as possible
 1404  thereafter.
 1405         (e) If the court grants relief from the judgment
 1406  terminating parental rights and no new pleading is filed to
 1407  terminate parental rights, the placement of the child should
 1408  revert to the parent or guardian who had physical custody of the
 1409  child at the time of the original placement for adoption unless
 1410  the court determines upon clear and convincing evidence that
 1411  this placement is not in the best interests of the child or is
 1412  not an available option for the child. The court may not change
 1413  the placement of a child who has established a bonded
 1414  relationship with the current caregiver without providing for a
 1415  reasonable transition plan consistent with the best interests of
 1416  the child. The court may direct the parties to participate in a
 1417  reunification or unification plan with a qualified professional
 1418  to assist the child in the transition. The court may not direct
 1419  the placement of a child with a person other than the adoptive
 1420  parents without first obtaining a favorable home study of that
 1421  person and any other persons residing in the proposed home and
 1422  shall take whatever additional steps are necessary and
 1423  appropriate for the physical and emotional protection of the
 1424  child.
 1425         Section 18. Subsection (3) of section 63.092, Florida
 1426  Statutes, is amended to read:
 1427         63.092 Report to the court of intended placement by an
 1428  adoption entity; at-risk placement; preliminary study.—
 1429         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1430  intended adoptive home, a preliminary home study must be
 1431  performed by a licensed child-placing agency, a child-caring
 1432  agency registered under s. 409.176, a licensed professional, or
 1433  agency described in s. 61.20(2), unless the adoptee is an adult
 1434  or the petitioner is a stepparent or a relative. If the adoptee
 1435  is an adult or the petitioner is a stepparent or a relative, a
 1436  preliminary home study may be required by the court for good
 1437  cause shown. The department is required to perform the
 1438  preliminary home study only if there is no licensed child
 1439  placing agency, child-caring agency registered under s. 409.176,
 1440  licensed professional, or agency described in s. 61.20(2), in
 1441  the county where the prospective adoptive parents reside. The
 1442  preliminary home study must be made to determine the suitability
 1443  of the intended adoptive parents and may be completed prior to
 1444  identification of a prospective adoptive minor. A favorable
 1445  preliminary home study is valid for 1 year after the date of its
 1446  completion. Upon its completion, a signed copy of the home study
 1447  must be provided to the intended adoptive parents who were the
 1448  subject of the home study. A minor may not be placed in an
 1449  intended adoptive home before a favorable preliminary home study
 1450  is completed unless the adoptive home is also a licensed foster
 1451  home under s. 409.175. The preliminary home study must include,
 1452  at a minimum:
 1453         (a) An interview with the intended adoptive parents;
 1454         (b) Records checks of the department’s central abuse
 1455  registry and criminal records correspondence checks under s.
 1456  39.0138 through the Department of Law Enforcement on the
 1457  intended adoptive parents;
 1458         (c) An assessment of the physical environment of the home;
 1459         (d) A determination of the financial security of the
 1460  intended adoptive parents;
 1461         (e) Documentation of counseling and education of the
 1462  intended adoptive parents on adoptive parenting;
 1463         (f) Documentation that information on adoption and the
 1464  adoption process has been provided to the intended adoptive
 1465  parents;
 1466         (g) Documentation that information on support services
 1467  available in the community has been provided to the intended
 1468  adoptive parents; and
 1469         (h) A copy of each signed acknowledgment of receipt of
 1470  disclosure required by s. 63.085.
 1471  
 1472  If the preliminary home study is favorable, a minor may be
 1473  placed in the home pending entry of the judgment of adoption. A
 1474  minor may not be placed in the home if the preliminary home
 1475  study is unfavorable. If the preliminary home study is
 1476  unfavorable, the adoption entity may, within 20 days after
 1477  receipt of a copy of the written recommendation, petition the
 1478  court to determine the suitability of the intended adoptive
 1479  home. A determination as to suitability under this subsection
 1480  does not act as a presumption of suitability at the final
 1481  hearing. In determining the suitability of the intended adoptive
 1482  home, the court must consider the totality of the circumstances
 1483  in the home. A No minor may not be placed in a home in which
 1484  there resides any person determined by the court to be a sexual
 1485  predator as defined in s. 775.21 or to have been convicted of an
 1486  offense listed in s. 63.089(4)(b)2.
 1487         Section 19. Subsection (7) is added to section 63.097,
 1488  Florida Statutes, to read:
 1489         63.097 Fees.—
 1490         (7) In determining reasonable attorney fees, courts shall
 1491  use the following criteria:
 1492         (a) The time and labor required, the novelty and difficulty
 1493  of the question involved, and the skill requisite to perform the
 1494  legal service properly.
 1495         (b) The likelihood, if apparent to the client, that the
 1496  acceptance of the particular employment will preclude other
 1497  employment by the attorney.
 1498         (c) The fee customarily charged in the locality for similar
 1499  legal services.
 1500         (d) The amount involved in the subject matter of the
 1501  representation, the responsibility involved in the
 1502  representation, and the results obtained.
 1503         (e) The time limitations imposed by the client or by the
 1504  circumstances and, as between attorney and client, any
 1505  additional or special time demands or requests of the attorney
 1506  by the client.
 1507         (f) The nature and length of the professional relationship
 1508  with the client.
 1509         (g) The experience, reputation, diligence, and ability of
 1510  the attorney or attorneys performing the service and the skill,
 1511  expertise, or efficiency of effort reflected in the actual
 1512  providing of such services.
 1513         (h) Whether the fee is fixed or contingent.
 1514         Section 20. Section 63.152, Florida Statutes, is amended to
 1515  read:
 1516         63.152 Application for new birth record.—Within 30 days
 1517  after entry of a judgment of adoption, the clerk of the court or
 1518  the adoption entity shall transmit a certified statement of the
 1519  entry to the state registrar of vital statistics on a form
 1520  provided by the registrar. A new birth record containing the
 1521  necessary information supplied by the certificate shall be
 1522  issued by the registrar on application of the adopting parents
 1523  or the adopted person.
 1524         Section 21. Subsection (7) of section 63.162, Florida
 1525  Statutes, is amended to read:
 1526         63.162 Hearings and records in adoption proceedings;
 1527  confidential nature.—
 1528         (7) The court may, upon petition of an adult adoptee or
 1529  birth parent, for good cause shown, appoint an intermediary or a
 1530  licensed child-placing agency to contact a birth parent or adult
 1531  adoptee, as applicable, who has not registered with the adoption
 1532  registry pursuant to s. 63.165 and advise both them of the
 1533  availability of the intermediary or agency and that the birth
 1534  parent or adult adoptee, as applicable, wishes to establish
 1535  contact same.
 1536         Section 22. Paragraph (c) of subsection (2) of section
 1537  63.167, Florida Statutes, is amended to read:
 1538         63.167 State adoption information center.—
 1539         (2) The functions of the state adoption information center
 1540  shall include:
 1541         (c) Operating a toll-free telephone number to provide
 1542  information and referral services. The state adoption
 1543  information center shall provide contact information for all
 1544  adoption entities in the caller’s county or, if no adoption
 1545  entities are located in the caller’s county, the number of the
 1546  nearest adoption entity when contacted for a referral to make an
 1547  adoption plan and shall rotate the order in which the names of
 1548  adoption entities are provided to callers.
 1549         Section 23. Paragraph (g) of subsection (1) and subsections
 1550  (2) and (8) of section 63.212, Florida Statutes, are amended to
 1551  read:
 1552         63.212 Prohibited acts; penalties for violation.—
 1553         (1) It is unlawful for any person:
 1554         (g) Except an adoption entity, to advertise or offer to the
 1555  public, in any way, by any medium whatever that a minor is
 1556  available for adoption or that a minor is sought for adoption;
 1557  and, further, it is unlawful for any person to publish or
 1558  broadcast any such advertisement or assist an unlicensed person
 1559  or entity in publishing or broadcasting any such advertisement
 1560  without including a Florida license number of the agency or
 1561  attorney placing the advertisement.
 1562         1. Only a person who is an attorney licensed to practice
 1563  law in this state or an adoption entity licensed under the laws
 1564  of this state may place a paid advertisement or paid listing of
 1565  the person’s telephone number, on the person’s own behalf, in a
 1566  telephone directory that:
 1567         a. A child is offered or wanted for adoption; or
 1568         b. The person is able to place, locate, or receive a child
 1569  for adoption.
 1570         2. A person who publishes a telephone directory that is
 1571  distributed in this state:
 1572         a. Shall include, at the beginning of any classified
 1573  heading for adoption and adoption services, a statement that
 1574  informs directory users that only attorneys licensed to practice
 1575  law in this state and licensed adoption entities may legally
 1576  provide adoption services under state law.
 1577         b. May publish an advertisement described in subparagraph
 1578  1. in the telephone directory only if the advertisement contains
 1579  the following:
 1580         (I) For an attorney licensed to practice law in this state,
 1581  the person’s Florida Bar number.
 1582         (II) For a child placing agency licensed under the laws of
 1583  this state, the number on the person’s adoption entity license.
 1584         (2) Any person who is a birth mother, or a woman who holds
 1585  herself out to be a birth mother, who is interested in making an
 1586  adoption plan and who knowingly or intentionally benefits from
 1587  the payment of adoption-related expenses in connection with that
 1588  adoption plan commits adoption deception if:
 1589         (a) The person knows or should have known that the person
 1590  is not pregnant at the time the sums were requested or received;
 1591         (b) The person accepts living expenses assistance from a
 1592  prospective adoptive parent or adoption entity without
 1593  disclosing that she is receiving living expenses assistance from
 1594  another prospective adoptive parent or adoption entity at the
 1595  same time in an effort to adopt the same child; or
 1596         (c) The person knowingly makes false representations to
 1597  induce the payment of living expenses and does not intend to
 1598  make an adoptive placement. It is unlawful for:
 1599         (a) Any person or adoption entity under this chapter to:
 1600         1. Knowingly provide false information; or
 1601         2. Knowingly withhold material information.
 1602         (b) A parent, with the intent to defraud, to accept
 1603  benefits related to the same pregnancy from more than one
 1604  adoption entity without disclosing that fact to each entity.
 1605  
 1606  Any person who willfully commits adoption deception violates any
 1607  provision of this subsection commits a misdemeanor of the second
 1608  degree, punishable as provided in s. 775.082 or s. 775.083, if
 1609  the sums received by the birth mother or woman holding herself
 1610  out to be a birth mother do not exceed $300, and a felony of the
 1611  third degree, punishable as provided in s. 775.082, s. 775.083,
 1612  or s. 775.084, if the sums received by the birth mother or woman
 1613  holding herself out to be a birth mother exceed $300. In
 1614  addition, the person is liable for damages caused by such acts
 1615  or omissions, including reasonable attorney attorney’s fees and
 1616  costs incurred by the adoption entity or the prospective
 1617  adoptive parent. Damages may be awarded through restitution in
 1618  any related criminal prosecution or by filing a separate civil
 1619  action.
 1620         (8) Unless otherwise indicated, a person who willfully and
 1621  with criminal intent violates any provision of this section,
 1622  excluding paragraph (1)(g), commits a felony of the third
 1623  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1624  775.084. A person who willfully and with criminal intent
 1625  violates paragraph (1)(g) commits a misdemeanor of the second
 1626  degree, punishable as provided in s. 775.083; and each day of
 1627  continuing violation shall be considered a separate offense. In
 1628  addition, any person who knowingly publishes or assists with the
 1629  publication of any advertisement or other publication which
 1630  violates the requirements of paragraph (1)(g) commits a
 1631  misdemeanor of the second degree, punishable as provided in s.
 1632  775.083, and may be required to pay a fine of up to $150 per day
 1633  for each day of continuing violation.
 1634         Section 24. Paragraph (b) of subsection (1), paragraphs (a)
 1635  and (e) of subsection (2), and paragraphs (b), (h), and (i) of
 1636  subsection (6) of section 63.213, Florida Statutes, are amended
 1637  to read:
 1638         63.213 Preplanned adoption agreement.—
 1639         (1) Individuals may enter into a preplanned adoption
 1640  arrangement as specified in this section, but such arrangement
 1641  may not in any way:
 1642         (b) Constitute consent of a mother to place her biological
 1643  child for adoption until 48 hours after the following birth of
 1644  the child and unless the court making the custody determination
 1645  or approving the adoption determines that the mother was aware
 1646  of her right to rescind within the 48-hour period after the
 1647  following birth of the child but chose not to rescind such
 1648  consent. The volunteer mother’s right to rescind her consent in
 1649  a preplanned adoption applies only when the child is genetically
 1650  related to her.
 1651         (2) A preplanned adoption agreement must include, but need
 1652  not be limited to, the following terms:
 1653         (a) That the volunteer mother agrees to become pregnant by
 1654  the fertility technique specified in the agreement, to bear the
 1655  child, and to terminate any parental rights and responsibilities
 1656  to the child she might have through a written consent executed
 1657  at the same time as the preplanned adoption agreement, subject
 1658  to a right of rescission by the volunteer mother any time within
 1659  48 hours after the birth of the child, if the volunteer mother
 1660  is genetically related to the child.
 1661         (e) That the intended father and intended mother
 1662  acknowledge that they may not receive custody or the parental
 1663  rights under the agreement if the volunteer mother terminates
 1664  the agreement or if the volunteer mother rescinds her consent to
 1665  place her child for adoption within 48 hours after the birth of
 1666  the child, if the volunteer mother is genetically related to the
 1667  child.
 1668         (6) As used in this section, the term:
 1669         (b) “Child” means the child or children conceived by means
 1670  of a fertility technique an insemination that is part of a
 1671  preplanned adoption arrangement.
 1672         (h) “Preplanned adoption arrangement” means the arrangement
 1673  through which the parties enter into an agreement for the
 1674  volunteer mother to bear the child, for payment by the intended
 1675  father and intended mother of the expenses allowed by this
 1676  section, for the intended father and intended mother to assert
 1677  full parental rights and responsibilities to the child if
 1678  consent to adoption is not rescinded after birth by a the
 1679  volunteer mother who is genetically related to the child, and
 1680  for the volunteer mother to terminate, subject to any a right of
 1681  rescission, all her parental rights and responsibilities to the
 1682  child in favor of the intended father and intended mother.
 1683         (i) “Volunteer mother” means a female at least 18 years of
 1684  age who voluntarily agrees, subject to a right of rescission if
 1685  it is her biological child, that if she should become pregnant
 1686  pursuant to a preplanned adoption arrangement, she will
 1687  terminate her parental rights and responsibilities to the child
 1688  in favor of the intended father and intended mother.
 1689         Section 25. Section 63.222, Florida Statutes, is amended to
 1690  read:
 1691         63.222 Effect on prior adoption proceedings.—Any adoption
 1692  made before July 1, 2012, is the effective date of this act
 1693  shall be valid, and any proceedings pending on that the
 1694  effective date and any subsequent amendments thereto of this act
 1695  are not affected thereby unless the amendment is designated as a
 1696  remedial provision.
 1697         Section 26. Section 63.2325, Florida Statutes, is amended
 1698  to read:
 1699         63.2325 Conditions for invalidation revocation of a consent
 1700  to adoption or affidavit of nonpaternity.—Notwithstanding the
 1701  requirements of this chapter, a failure to meet any of those
 1702  requirements does not constitute grounds for invalidation
 1703  revocation of a consent to adoption or revocation withdrawal of
 1704  an affidavit of nonpaternity unless the extent and circumstances
 1705  of such a failure result in a material failure of fundamental
 1706  fairness in the administration of due process, or the failure
 1707  constitutes or contributes to fraud or duress in obtaining a
 1708  consent to adoption or affidavit of nonpaternity.
 1709         Section 27. This act shall take effect July 1, 2012.