Florida Senate - 2012                      CS for CS for SB 1874
       
       
       
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senator Wise
       
       
       
       590-03655-12                                          20121874c2
    1                        A bill to be entitled                      
    2         An act relating to child visitation and adoption;
    3         amending s. 39.802, F.S.; requiring the Department of
    4         Children and Family Services to inform the parents of
    5         a child of the availability of private placement of
    6         the child with an adoption entity in certain
    7         circumstances; amending s. 63.022, F.S.; revising
    8         legislative intent to delete reference to reporting
    9         requirements for placements of minors and exceptions;
   10         amending s. 63.032, F.S.; revising definitions;
   11         amending s. 63.037, F.S.; exempting adoption
   12         proceedings initiated under ch. 39, F.S., from a
   13         requirement for a search of the Florida Putative
   14         Father Registry; amending s. 63.039, F.S.; providing
   15         that all adoptions of minor children require the use
   16         of an adoption entity that will assume the
   17         responsibilities provided in specified provisions;
   18         providing an exception; amending s. 63.0423, F.S.;
   19         revising terminology relating to surrendered infants;
   20         providing for an infant who tests positive for illegal
   21         drugs, narcotic prescription drugs, alcohol, or other
   22         substances, but who shows no other signs of child
   23         abuse or neglect, to be placed in the custody of an
   24         adoption entity; providing that a specified reporting
   25         requirement is not superseded; requiring that if the
   26         Department of Children and Family Services is
   27         contacted regarding a surrendered infant who does not
   28         appear to have been the victim of actual or suspected
   29         child abuse or neglect, the department shall provide
   30         instruction to contact an adoption entity and may not
   31         take custody of the infant; providing an exception;
   32         revising provisions relating to scientific testing to
   33         determine the paternity or maternity of a minor;
   34         amending s. 63.0425, F.S.; requiring that a child’s
   35         residence be continuous for a specified period in
   36         order to entitle the grandparent to notice of certain
   37         proceedings; amending s. 63.0427, F.S.; prohibiting a
   38         court from increasing contact between an adopted child
   39         and siblings, birth parents, or other relatives
   40         without the consent of the adoptive parent or parents;
   41         amending s. 63.052, F.S.; deleting a requirement that
   42         a minor be permanently committed to an adoption entity
   43         in order for the entity to be guardian of the person
   44         of the minor; limiting the circumstances in which an
   45         intermediary may remove a child; providing that an
   46         intermediary does not become responsible for a minor
   47         child’s medical bills that were incurred before taking
   48         physical custody of the child; providing additional
   49         placement options for a minor surrendered to an
   50         adoption entity for subsequent adoption when a
   51         suitable prospective adoptive home is not available;
   52         amending s. 63.053, F.S.; requiring that an unmarried
   53         biological father strictly comply with specified
   54         provisions in order to protect his interests; amending
   55         s. 63.054, F.S.; authorizing submission of an
   56         alternative document to the Office of Vital Statistics
   57         by the petitioner in each proceeding for termination
   58         of parental rights; providing that by filing a claim
   59         of paternity form, the registrant expressly consents
   60         to paying for DNA testing; requiring that an
   61         alternative address designated by a registrant be a
   62         physical address; providing that the filing of a claim
   63         of paternity with the Florida Putative Father Registry
   64         does not relieve a person from compliance with
   65         specified requirements; amending s. 63.062, F.S.;
   66         revising requirements for when a minor’s father must
   67         be served prior to termination of parental rights;
   68         providing that consent of an unmarried biological
   69         father is not required if he fails to comply with
   70         specified requirements; revising such requirements;
   71         providing that the mere fact that a father expresses a
   72         desire to fulfill his responsibilities toward his
   73         child which is unsupported by acts evidencing this
   74         intent does not meet the requirements; providing for
   75         the sufficiency of an affidavit of nonpaternity;
   76         providing an exception to a condition to a petition to
   77         adopt an adult; amending s. 63.063, F.S.; conforming
   78         terminology; amending s. 63.082, F.S.; revising
   79         provisions concerning applicability of notice and
   80         consent requirements in cases in which the child is
   81         conceived as a result of a violation of criminal law;
   82         providing that a criminal conviction is not required
   83         in order for the court to find that the child was
   84         conceived as a result of a violation of criminal law;
   85         requiring an affidavit of diligent search to be filed
   86         whenever a person who is required to consent is
   87         unavailable because the person cannot be located;
   88         providing that in an adoption of a stepchild or a
   89         relative, a certified copy of the death certificate of
   90         the person whose consent is required may be attached
   91         to the petition for adoption if a separate petition
   92         for termination of parental rights is not being filed;
   93         authorizing the execution of an affidavit of
   94         nonpaternity before the birth of a minor in preplanned
   95         adoptions; revising the language of the consent to
   96         adoption; providing that a home study provided by the
   97         adoption entity is deemed to be sufficient except in
   98         certain circumstances; providing for a hearing if an
   99         adoption entity moves to intervene in a dependency
  100         case; revising provisions concerning seeking to revoke
  101         consent to an adoption of a child older than 6 months
  102         of age; providing that if the consent of one parent is
  103         set aside or revoked, any other consents executed by
  104         the other parent or a third party whose consent is
  105         required for the adoption of the child may not be used
  106         by the parent whose consent was revoked or set aside
  107         to terminate or diminish the rights of the other
  108         parent or third party; amending s. 63.085, F.S.;
  109         revising the language of the adoption disclosure
  110         statement; requiring that a copy of a waiver by
  111         prospective adoptive parents of receipt of certain
  112         records must be filed with the court; amending s.
  113         63.087, F.S.; specifying that a failure to personally
  114         appear at a proceeding to terminate parental rights
  115         constitutes grounds for termination; amending s.
  116         63.088, F.S.; providing that, in a termination of
  117         parental rights proceeding, if a required inquiry
  118         identifies a father who has been adjudicated by a
  119         court as the father of the minor child before the date
  120         a petition for termination of parental rights is
  121         filed, the inquiry must terminate at that point;
  122         amending s. 63.089, F.S.; specifying that failure to
  123         personally appear provides grounds for termination of
  124         parental rights in certain circumstances; revising
  125         provisions relating to dismissal of petitions to
  126         terminate parental rights; providing that contact
  127         between a parent seeking relief from a judgment
  128         terminating parental rights and a child may be awarded
  129         only in certain circumstances; providing for placement
  130         of a child in the event that a court grants relief
  131         from a judgment terminating parental rights and no new
  132         pleading is filed to terminate parental rights;
  133         amending s. 63.092, F.S.; requiring that a signed copy
  134         of the home study be provided to the intended adoptive
  135         parents who were the subject of the study; amending s.
  136         63.097, F.S.; providing guidelines for a court
  137         considering a reasonable attorney fee associated with
  138         adoption services; amending s. 63.152, F.S.;
  139         authorizing an adoption entity to transmit a certified
  140         statement of the entry of a judgment of adoption to
  141         the state registrar of vital statistics; amending s.
  142         63.162, F.S.; authorizing a birth parent to petition
  143         the court to appoint an intermediary or an adoption
  144         entity to contact an adult adoptee and advise both of
  145         the availability of the adoption registry and that the
  146         birth parent wishes to establish contact; amending s.
  147         63.167, F.S.; requiring that the state adoption center
  148         provide contact information for all adoption entities
  149         in a caller’s county or, if no adoption entities are
  150         located in the caller’s county, the number of the
  151         nearest adoption entity when contacted for a referral
  152         to make an adoption plan; amending s. 63.212, F.S.;
  153         restricting who may place a paid advertisement or paid
  154         listing of the person’s telephone number offering
  155         certain adoption services; requiring publishers of
  156         telephone directories to include certain statements at
  157         the beginning of any classified heading for adoption
  158         and adoption services; providing requirements for such
  159         advertisements; providing criminal penalties for
  160         violations; prohibiting the offense of adoption
  161         deception by a person who is a birth mother or a woman
  162         who holds herself out to be a birth mother; providing
  163         criminal penalties; providing liability for certain
  164         damages; amending s. 63.213, F.S.; providing that a
  165         preplanned adoption arrangement does not constitute
  166         consent of a mother to place her biological child for
  167         adoption until 48 hours following birth; providing
  168         that a volunteer mother’s right to rescind her consent
  169         in a preplanned adoption applies only when the child
  170         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; creating s. 753.06, F.S.;
  178         adopting state standards for supervised visitation
  179         programs; requiring each program to annually affirm
  180         compliance with the standards to the court; providing
  181         that after a specified date, only those programs that
  182         adhere to the state standards may receive state
  183         funding; creating s. 753.07, F.S.; providing factors
  184         for the court or child-placing agency to consider when
  185         referring cases for supervised visitation or exchange
  186         monitoring; specifying training requirements for
  187         persons providing such services; authorizing
  188         supervised visitation programs to alert the court to
  189         problems with referred cases; creating s. 753.08,
  190         F.S.; requiring supervised visitation programs to
  191         conduct security background checks of employees and
  192         volunteers; providing requirements for such checks;
  193         requiring that an employer furnish a copy of the
  194         personnel record for the employee or former employee
  195         upon request; providing immunity to employers who
  196         provide information for purposes of a background
  197         check; requiring that all applicants hired or
  198         certified by a program after a specified date undergo
  199         a level 2 background screening; delegating
  200         responsibility for screening criminal history
  201         information and for costs; authorizing a supervised
  202         visitation program to participate in the Volunteer and
  203         Employee Criminal History System in order to obtain
  204         criminal history information; providing that certain
  205         persons providing services at a supervised visitation
  206         program are presumed to act in good faith; providing
  207         that such persons acting in good faith are immune from
  208         civil and criminal liability; providing an effective
  209         date.
  210  
  211  Be It Enacted by the Legislature of the State of Florida:
  212  
  213         Section 1. Subsection (4) of section 39.802, Florida
  214  Statutes, is amended to read:
  215         39.802 Petition for termination of parental rights; filing;
  216  elements.—
  217         (4) A petition for termination of parental rights filed
  218  under this chapter must contain facts supporting the following
  219  allegations:
  220         (a) That at least one of the grounds listed in s. 39.806
  221  has been met.
  222         (b) That the parents of the child were informed of their
  223  right to counsel at all hearings that they attended and that a
  224  dispositional order adjudicating the child dependent was entered
  225  in any prior dependency proceeding relied upon in offering a
  226  parent a case plan as described in s. 39.806.
  227         (c) That the manifest best interests of the child, in
  228  accordance with s. 39.810, would be served by the granting of
  229  the petition.
  230         (d) That the parents of the child were informed of the
  231  availability of private placement of the child with an adoption
  232  entity, as defined in s. 63.032(3).
  233         Section 2. Paragraphs (e) through (m) of subsection (4) of
  234  section 63.022, Florida Statutes, are redesignated as paragraphs
  235  (d) through (l), respectively, and subsection (2) and present
  236  paragraph (d) of subsection (4) of that section are amended to
  237  read:
  238         63.022 Legislative intent.—
  239         (2) It is the intent of the Legislature that in every
  240  adoption, the best interest of the child should govern and be of
  241  foremost concern in the court’s determination. The court shall
  242  make a specific finding as to the best interests interest of the
  243  child in accordance with the provisions of this chapter.
  244         (4) The basic safeguards intended to be provided by this
  245  chapter are that:
  246         (d) All placements of minors for adoption are reported to
  247  the Department of Children and Family Services, except relative,
  248  adult, and stepparent adoptions.
  249         Section 3. Subsections (1), (3), (12), (17), and (19) of
  250  section 63.032, Florida Statutes, are amended to read:
  251         63.032 Definitions.—As used in this chapter, the term:
  252         (1) “Abandoned” means a situation in which the parent or
  253  person having legal custody of a child, while being able, makes
  254  little or no provision for the child’s support and makes little
  255  or no effort to communicate with the child, which situation is
  256  sufficient to evince an intent to reject parental
  257  responsibilities. If, in the opinion of the court, the efforts
  258  of such parent or person having legal custody of the child to
  259  support and communicate with the child are only marginal efforts
  260  that do not evince a settled purpose to assume all parental
  261  duties, the court may declare the child to be abandoned. In
  262  making this decision, the court may consider the conduct of a
  263  father towards the child’s mother during her pregnancy.
  264         (3) “Adoption entity” means the department, an agency, a
  265  child-caring agency registered under s. 409.176, an
  266  intermediary, a Florida-licensed child-placing agency, or a
  267  child-placing agency licensed in another state which is
  268  qualified by the department to place children in the State of
  269  Florida.
  270         (12) “Parent” means a woman who gives birth to a child and
  271  who is not a gestational surrogate as defined in s. 742.13 or a
  272  man whose consent to the adoption of the child would be required
  273  under s. 63.062(1). If a child has been legally adopted, the
  274  term “parent” means the adoptive mother or father of the child.
  275  The term does not include an individual whose parental
  276  relationship to the child has been legally terminated or an
  277  alleged or prospective parent.
  278         (17) “Suitability of the intended placement” means the
  279  fitness of the intended placement, with primary consideration
  280  being given to the best interests interest of the child.
  281         (19) “Unmarried biological father” means the child’s
  282  biological father who is not married to the child’s mother at
  283  the time of conception or on the date of the birth of the child
  284  and who, before the filing of a petition to terminate parental
  285  rights, has not been adjudicated by a court of competent
  286  jurisdiction to be the legal father of the child or has not
  287  filed executed an affidavit pursuant to s. 382.013(2)(c).
  288         Section 4. Section 63.037, Florida Statutes, is amended to
  289  read:
  290         63.037 Proceedings applicable to cases resulting from a
  291  termination of parental rights under chapter 39.—A case in which
  292  a minor becomes available for adoption after the parental rights
  293  of each parent have been terminated by a judgment entered
  294  pursuant to chapter 39 shall be governed by s. 39.812 and this
  295  chapter. Adoption proceedings initiated under chapter 39 are
  296  exempt from the following provisions of this chapter: the search
  297  of the Florida Putative Father Registry required in s.
  298  63.054(7), if a search was previously completed and
  299  documentation of the search is contained in the case file;
  300  disclosure requirements for the adoption entity provided in s.
  301  63.085(1); general provisions governing termination of parental
  302  rights pending adoption provided in s. 63.087; notice and
  303  service provisions governing termination of parental rights
  304  pending adoption provided in s. 63.088; and procedures for
  305  terminating parental rights pending adoption provided in s.
  306  63.089.
  307         Section 5. Subsections (2) through (4) of section 63.039,
  308  Florida Statutes, are renumbered as subsections (3) through (5),
  309  respectively, and a new subsection (2) is added to that section
  310  to read:
  311         63.039 Duty of adoption entity to prospective adoptive
  312  parents; sanctions.—
  313         (2) With the exception of an adoption by a relative or
  314  stepparent, all adoptions of minor children require the use of
  315  an adoption entity that will assume the responsibilities
  316  provided in this section.
  317         Section 6. Subsections (2), (4), (7), (8), and (9) of
  318  section 63.0423, Florida Statutes, are amended to read:
  319         63.0423 Procedures with respect to surrendered infants.—
  320         (2) The licensed child-placing agency shall immediately
  321  seek an order from the circuit court for emergency custody of
  322  the surrendered infant. The emergency custody order shall remain
  323  in effect until the court orders preliminary approval of
  324  placement of the surrendered infant in the prospective home, at
  325  which time the prospective adoptive parents become guardians
  326  pending termination of parental rights and finalization of
  327  adoption or until the court orders otherwise. The guardianship
  328  of the prospective adoptive parents shall remain subject to the
  329  right of the licensed child-placing agency to remove the
  330  surrendered infant from the placement during the pendency of the
  331  proceedings if such removal is deemed by the licensed child
  332  placing agency to be in the best interests interest of the
  333  child. The licensed child-placing agency may immediately seek to
  334  place the surrendered infant in a prospective adoptive home.
  335         (4) The parent who surrenders the infant in accordance with
  336  s. 383.50 is presumed to have consented to termination of
  337  parental rights, and express consent is not required. Except
  338  when there is actual or suspected child abuse or neglect, the
  339  licensed child-placing agency shall not attempt to pursue,
  340  search for, or notify that parent as provided in s. 63.088 and
  341  chapter 49. For purposes of s. 383.50 and this section, an
  342  infant who tests positive for illegal drugs, narcotic
  343  prescription drugs, alcohol, or other substances, but who shows
  344  no other signs of child abuse or neglect, shall be placed in the
  345  custody of a licensed child-placing agency. This provision does
  346  not eliminate the reporting requirement under s. 383.50(7). When
  347  the department is contacted regarding an infant properly
  348  surrendered under this section and s. 383.50, the department
  349  shall provide instruction to contact a licensed child-placing
  350  agency and may not take custody of the infant unless reasonable
  351  efforts to contact a licensed child-placing agency to accept the
  352  infant have not been successful.
  353         (7) If a claim of parental rights of a surrendered infant
  354  is made before the judgment to terminate parental rights is
  355  entered, the circuit court may hold the action for termination
  356  of parental rights pending subsequent adoption in abeyance for a
  357  period of time not to exceed 60 days.
  358         (a) The court may order scientific testing to determine
  359  maternity or paternity at the expense of the parent claiming
  360  parental rights.
  361         (b) The court shall appoint a guardian ad litem for the
  362  surrendered infant and order whatever investigation, home
  363  evaluation, and psychological evaluation are necessary to
  364  determine what is in the best interests interest of the
  365  surrendered infant.
  366         (c) The court may not terminate parental rights solely on
  367  the basis that the parent left the infant at a hospital,
  368  emergency medical services station, or fire station in
  369  accordance with s. 383.50.
  370         (d) The court shall enter a judgment with written findings
  371  of fact and conclusions of law.
  372         (8) Within 7 business days after recording the judgment,
  373  the clerk of the court shall mail a copy of the judgment to the
  374  department, the petitioner, and any person the persons whose
  375  consent was were required, if known. The clerk shall execute a
  376  certificate of each mailing.
  377         (9)(a) A judgment terminating parental rights pending
  378  adoption is voidable, and any later judgment of adoption of that
  379  minor is voidable, if, upon the motion of a birth parent, the
  380  court finds that a person knowingly gave false information that
  381  prevented the birth parent from timely making known his or her
  382  desire to assume parental responsibilities toward the minor or
  383  from exercising his or her parental rights. A motion under this
  384  subsection must be filed with the court originally entering the
  385  judgment. The motion must be filed within a reasonable time but
  386  not later than 1 year after the entry of the judgment
  387  terminating parental rights.
  388         (b) No later than 30 days after the filing of a motion
  389  under this subsection, the court shall conduct a preliminary
  390  hearing to determine what contact, if any, will be permitted
  391  between a birth parent and the child pending resolution of the
  392  motion. Such contact may be allowed only if it is requested by a
  393  parent who has appeared at the hearing and the court determines
  394  that it is in the best interests interest of the child. If the
  395  court orders contact between a birth parent and the child, the
  396  order must be issued in writing as expeditiously as possible and
  397  must state with specificity any provisions regarding contact
  398  with persons other than those with whom the child resides.
  399         (c) At the preliminary hearing, The court, upon the motion
  400  of any party or upon its own motion, may not order scientific
  401  testing to determine the paternity or maternity of the minor
  402  until such time as the court determines that a previously
  403  entered judgment terminating the parental rights of that parent
  404  is voidable pursuant to paragraph (a), unless all parties agree
  405  that such testing is in the best interests of the child if the
  406  person seeking to set aside the judgment is alleging to be the
  407  child’s birth parent but has not previously been determined by
  408  legal proceedings or scientific testing to be the birth parent.
  409  Upon the filing of test results establishing that person’s
  410  maternity or paternity of the surrendered infant, the court may
  411  order visitation only if it appears to be as it deems
  412  appropriate and in the best interests interest of the child.
  413         (d) Within 45 days after the preliminary hearing, the court
  414  shall conduct a final hearing on the motion to set aside the
  415  judgment and shall enter its written order as expeditiously as
  416  possible thereafter.
  417         Section 7. Subsection (1) of section 63.0425, Florida
  418  Statutes, is amended to read:
  419         63.0425 Grandparent’s right to notice.—
  420         (1) If a child has lived with a grandparent for at least 6
  421  continuous months within the 24-month period immediately
  422  preceding the filing of a petition for termination of parental
  423  rights pending adoption, the adoption entity shall provide
  424  notice to that grandparent of the hearing on the petition.
  425         Section 8. Section 63.0427, Florida Statutes, is amended to
  426  read:
  427         63.0427 Agreements for Adopted minor’s right to continued
  428  communication or contact between adopted child and with
  429  siblings, parents, and other relatives.—
  430         (1) A child whose parents have had their parental rights
  431  terminated and whose custody has been awarded to the department
  432  pursuant to s. 39.811, and who is the subject of a petition for
  433  adoption under this chapter, shall have the right to have the
  434  court consider the appropriateness of postadoption communication
  435  or contact, including, but not limited to, visits, written
  436  correspondence, or telephone calls, with his or her siblings or,
  437  upon agreement of the adoptive parents, with the parents who
  438  have had their parental rights terminated or other specified
  439  biological relatives. The court shall consider the following in
  440  making such determination:
  441         (a) Any orders of the court pursuant to s. 39.811(7).
  442         (b) Recommendations of the department, the foster parents
  443  if other than the adoptive parents, and the guardian ad litem.
  444         (c) Statements of the prospective adoptive parents.
  445         (d) Any other information deemed relevant and material by
  446  the court.
  447  
  448  If the court determines that the child’s best interests will be
  449  served by postadoption communication or contact, the court shall
  450  so order, stating the nature and frequency of for the
  451  communication or contact. This order shall be made a part of the
  452  final adoption order, but in no event shall the continuing
  453  validity of the adoption may not be contingent upon such
  454  postadoption communication or contact and, nor shall the ability
  455  of the adoptive parents and child to change residence within or
  456  outside the State of Florida may not be impaired by such
  457  communication or contact.
  458         (2) Notwithstanding the provisions of s. 63.162, the
  459  adoptive parent may, at any time, petition for review of a
  460  communication or contact order entered pursuant to subsection
  461  (1), if the adoptive parent believes that the best interests of
  462  the adopted child are being compromised, and the court may shall
  463  have authority to order the communication or contact to be
  464  terminated or modified, as the court deems to be in the best
  465  interests of the adopted child; however, the court may not
  466  increase contact between the adopted child and siblings, birth
  467  parents, or other relatives without the consent of the adoptive
  468  parent or parents. As part of the review process, the court may
  469  order the parties to engage in mediation. The department shall
  470  not be required to be a party to such review.
  471         Section 9. Subsections (1), (2), (3), and (6) of section
  472  63.052, Florida Statutes, are amended to read:
  473         63.052 Guardians designated; proof of commitment.—
  474         (1) For minors who have been placed for adoption with and
  475  permanently committed to an adoption entity, other than an
  476  intermediary, such adoption entity shall be the guardian of the
  477  person of the minor and has the responsibility and authority to
  478  provide for the needs and welfare of the minor.
  479         (2) For minors who have been voluntarily surrendered to an
  480  intermediary through an execution of a consent to adoption, the
  481  intermediary shall be responsible for the minor until the time a
  482  court orders preliminary approval of placement of the minor in
  483  the prospective adoptive home, after which time the prospective
  484  adoptive parents shall become guardians pending finalization of
  485  adoption, subject to the intermediary’s right and responsibility
  486  to remove the child from the prospective adoptive home if the
  487  removal is deemed by the intermediary to be in the best
  488  interests interest of the child. The intermediary may not remove
  489  the child without a court order unless the child is in danger of
  490  imminent harm. After the execution of adoption consents, the
  491  intermediary is not responsible for the minor child’s medical
  492  bills that were incurred before taking physical custody of the
  493  child. Before Prior to the court’s entry of an order granting
  494  preliminary approval of the placement, the intermediary shall
  495  have the responsibility and authority to provide for the needs
  496  and welfare of the minor. A No minor may not shall be placed in
  497  a prospective adoptive home until that home has received a
  498  favorable preliminary home study, as provided in s. 63.092,
  499  completed and approved within 1 year before such placement in
  500  the prospective home. The provisions of s. 627.6578 shall remain
  501  in effect notwithstanding the guardianship provisions in this
  502  section.
  503         (3) If a minor is surrendered to an adoption entity for
  504  subsequent adoption and a suitable prospective adoptive home is
  505  not available pursuant to s. 63.092 at the time the minor is
  506  surrendered to the adoption entity, the minor must be placed in
  507  a licensed foster care home, or with a person or family that has
  508  received a favorable preliminary home study pursuant to
  509  subsection (2), or with a relative until such a suitable
  510  prospective adoptive home is available.
  511         (6) Unless otherwise authorized by law or ordered by the
  512  court, the department is not responsible for expenses incurred
  513  by other adoption entities participating in a placement of a
  514  minor.
  515         Section 10. Subsections (2) and (3) of section 63.053,
  516  Florida Statutes, are amended to read:
  517         63.053 Rights and responsibilities of an unmarried
  518  biological father; legislative findings.—
  519         (2) The Legislature finds that the interests of the state,
  520  the mother, the child, and the adoptive parents described in
  521  this chapter outweigh the interest of an unmarried biological
  522  father who does not take action in a timely manner to establish
  523  and demonstrate a relationship with his child in accordance with
  524  the requirements of this chapter. An unmarried biological father
  525  has the primary responsibility to protect his rights and is
  526  presumed to know that his child may be adopted without his
  527  consent unless he strictly complies with the provisions of this
  528  chapter and demonstrates a prompt and full commitment to his
  529  parental responsibilities.
  530         (3) The Legislature finds that a birth mother and a birth
  531  father have a right of to privacy.
  532         Section 11. Subsections (1), (2), (4), and (13) of section
  533  63.054, Florida Statutes, are amended to read:
  534         63.054 Actions required by an unmarried biological father
  535  to establish parental rights; Florida Putative Father Registry.—
  536         (1) In order to preserve the right to notice and consent to
  537  an adoption under this chapter, an unmarried biological father
  538  must, as the “registrant,” file a notarized claim of paternity
  539  form with the Florida Putative Father Registry maintained by the
  540  Office of Vital Statistics of the Department of Health which
  541  includes confirmation of his willingness and intent to support
  542  the child for whom paternity is claimed in accordance with state
  543  law. The claim of paternity may be filed at any time before the
  544  child’s birth, but may not be filed after the date a petition is
  545  filed for termination of parental rights. In each proceeding for
  546  termination of parental rights, the petitioner must submit to
  547  the Office of Vital Statistics a copy of the petition for
  548  termination of parental rights or a document executed by the
  549  clerk of the court showing the style of the case, the names of
  550  the persons whose rights are sought to be terminated, and the
  551  date and time of the filing of the petition. The Office of Vital
  552  Statistics may not record a claim of paternity after the date a
  553  petition for termination of parental rights is filed. The
  554  failure of an unmarried biological father to file a claim of
  555  paternity with the registry before the date a petition for
  556  termination of parental rights is filed also bars him from
  557  filing a paternity claim under chapter 742.
  558         (a) An unmarried biological father is excepted from the
  559  time limitations for filing a claim of paternity with the
  560  registry or for filing a paternity claim under chapter 742, if:
  561         1. The mother identifies him to the adoption entity as a
  562  potential biological father by the date she executes a consent
  563  for adoption; and
  564         2. He is served with a notice of intended adoption plan
  565  pursuant to s. 63.062(3) and the 30-day mandatory response date
  566  is later than the date the petition for termination of parental
  567  rights is filed with the court.
  568         (b) If an unmarried biological father falls within the
  569  exception provided by paragraph (a), the petitioner shall also
  570  submit to the Office of Vital Statistics a copy of the notice of
  571  intended adoption plan and proof of service of the notice on the
  572  potential biological father.
  573         (c) An unmarried biological father who falls within the
  574  exception provided by paragraph (a) may not file a claim of
  575  paternity with the registry or a paternity claim under chapter
  576  742 after the 30-day mandatory response date to the notice of
  577  intended adoption plan has expired. The Office of Vital
  578  Statistics may not record a claim of paternity 30 days after
  579  service of the notice of intended adoption plan.
  580         (2) By filing a claim of paternity form with the Office of
  581  Vital Statistics, the registrant expressly consents to submit to
  582  and pay for DNA testing upon the request of any party, the
  583  registrant, or the adoption entity with respect to the child
  584  referenced in the claim of paternity.
  585         (4) Upon initial registration, or at any time thereafter,
  586  the registrant may designate a physical an address other than
  587  his residential address for sending any communication regarding
  588  his registration. Similarly, upon initial registration, or at
  589  any time thereafter, the registrant may designate, in writing,
  590  an agent or representative to receive any communication on his
  591  behalf and receive service of process. The agent or
  592  representative must file an acceptance of the designation, in
  593  writing, in order to receive notice or service of process. The
  594  failure of the designated representative or agent of the
  595  registrant to deliver or otherwise notify the registrant of
  596  receipt of correspondence from the Florida Putative Father
  597  Registry is at the registrant’s own risk and does shall not
  598  serve as a valid defense based upon lack of notice.
  599         (13) The filing of a claim of paternity with the Florida
  600  Putative Father Registry does not excuse or waive the obligation
  601  of a petitioner to comply with the requirements of s. 63.088(4)
  602  for conducting a diligent search and required inquiry with
  603  respect to the identity of an unmarried biological father or
  604  legal father which are set forth in this chapter.
  605         Section 12. Paragraph (b) of subsection (1), subsections
  606  (2), (3), and (4), and paragraph (a) of subsection (8) of
  607  section 63.062, Florida Statutes, are amended to read:
  608         63.062 Persons required to consent to adoption; affidavit
  609  of nonpaternity; waiver of venue.—
  610         (1) Unless supported by one or more of the grounds
  611  enumerated under s. 63.089(3), a petition to terminate parental
  612  rights pending adoption may be granted only if written consent
  613  has been executed as provided in s. 63.082 after the birth of
  614  the minor or notice has been served under s. 63.088 to:
  615         (b) The father of the minor, if:
  616         1. The minor was conceived or born while the father was
  617  married to the mother;
  618         2. The minor is his child by adoption;
  619         3. The minor has been adjudicated by the court to be his
  620  child before by the date a petition is filed for termination of
  621  parental rights is filed;
  622         4. He has filed an affidavit of paternity pursuant to s.
  623  382.013(2)(c) or he is listed on the child’s birth certificate
  624  before by the date a petition is filed for termination of
  625  parental rights is filed; or
  626         5. In the case of an unmarried biological father, he has
  627  acknowledged in writing, signed in the presence of a competent
  628  witness, that he is the father of the minor, has filed such
  629  acknowledgment with the Office of Vital Statistics of the
  630  Department of Health within the required timeframes, and has
  631  complied with the requirements of subsection (2).
  632  
  633  The status of the father shall be determined at the time of the
  634  filing of the petition to terminate parental rights and may not
  635  be modified, except as otherwise provided in s. 63.0423(9)(a),
  636  for purposes of his obligations and rights under this chapter by
  637  acts occurring after the filing of the petition to terminate
  638  parental rights.
  639         (2) In accordance with subsection (1), the consent of an
  640  unmarried biological father shall be necessary only if the
  641  unmarried biological father has complied with the requirements
  642  of this subsection.
  643         (a)1. With regard to a child who is placed with adoptive
  644  parents more than 6 months after the child’s birth, an unmarried
  645  biological father must have developed a substantial relationship
  646  with the child, taken some measure of responsibility for the
  647  child and the child’s future, and demonstrated a full commitment
  648  to the responsibilities of parenthood by providing reasonable
  649  and regular financial support to the child in accordance with
  650  the unmarried biological father’s ability, if not prevented from
  651  doing so by the person or authorized adoption entity agency
  652  having lawful custody of the child, and either:
  653         a. Regularly visited the child at least monthly, when
  654  physically and financially able to do so and when not prevented
  655  from doing so by the birth mother or the person or authorized
  656  agency having lawful custody of the child; or
  657         b. Maintained regular communication with the child or with
  658  the person or agency having the care or custody of the child,
  659  when physically or financially unable to visit the child or when
  660  not prevented from doing so by the birth mother or person or
  661  authorized agency having lawful custody of the child.
  662         2. The mere fact that an unmarried biological father
  663  expresses a desire to fulfill his responsibilities towards his
  664  child which is unsupported by acts evidencing this intent does
  665  not preclude a finding by the court that the unmarried
  666  biological father failed to comply with the requirements of this
  667  subsection.
  668         2.3. An unmarried biological father who openly lived with
  669  the child for at least 6 months within the 1-year period
  670  following the birth of the child and immediately preceding
  671  placement of the child with adoptive parents and who openly held
  672  himself out to be the father of the child during that period
  673  shall be deemed to have developed a substantial relationship
  674  with the child and to have otherwise met the requirements of
  675  this paragraph.
  676         (b) With regard to a child who is younger than 6 months of
  677  age or younger at the time the child is placed with the adoptive
  678  parents, an unmarried biological father must have demonstrated a
  679  full commitment to his parental responsibility by having
  680  performed all of the following acts prior to the time the mother
  681  executes her consent for adoption:
  682         1. Filed a notarized claim of paternity form with the
  683  Florida Putative Father Registry within the Office of Vital
  684  Statistics of the Department of Health, which form shall be
  685  maintained in the confidential registry established for that
  686  purpose and shall be considered filed when the notice is entered
  687  in the registry of notices from unmarried biological fathers.
  688         2. Upon service of a notice of an intended adoption plan or
  689  a petition for termination of parental rights pending adoption,
  690  executed and filed an affidavit in that proceeding stating that
  691  he is personally fully able and willing to take responsibility
  692  for the child, setting forth his plans for care of the child,
  693  and agreeing to a court order of child support and a
  694  contribution to the payment of living and medical expenses
  695  incurred for the mother’s pregnancy and the child’s birth in
  696  accordance with his ability to pay.
  697         3. If he had knowledge of the pregnancy, paid a fair and
  698  reasonable amount of the living and medical expenses incurred in
  699  connection with the mother’s pregnancy and the child’s birth, in
  700  accordance with his financial ability and when not prevented
  701  from doing so by the birth mother or person or authorized agency
  702  having lawful custody of the child. The responsibility of the
  703  unmarried biological father to provide financial assistance to
  704  the birth mother during her pregnancy and to the child after
  705  birth is not abated because support is being provided to the
  706  birth mother or child by the adoption entity, a prospective
  707  adoptive parent, or a third party, nor does it serve as a basis
  708  to excuse the birth father’s failure to provide support.
  709         (c) The mere fact that a father expresses a desire to
  710  fulfill his responsibilities toward his child which is
  711  unsupported by acts evidencing this intent does not meet the
  712  requirements of this section.
  713         (d)(c) The petitioner shall file with the court a
  714  certificate from the Office of Vital Statistics stating that a
  715  diligent search has been made of the Florida Putative Father
  716  Registry of notices from unmarried biological fathers described
  717  in subparagraph (b)1. and that no filing has been found
  718  pertaining to the father of the child in question or, if a
  719  filing is found, stating the name of the putative father and the
  720  time and date of filing. That certificate shall be filed with
  721  the court prior to the entry of a final judgment of termination
  722  of parental rights.
  723         (e)(d) An unmarried biological father who does not comply
  724  with each of the conditions provided in this subsection is
  725  deemed to have waived and surrendered any rights in relation to
  726  the child, including the right to notice of any judicial
  727  proceeding in connection with the adoption of the child, and his
  728  consent to the adoption of the child is not required.
  729         (3) Pursuant to chapter 48, an adoption entity shall serve
  730  a notice of intended adoption plan upon any known and locatable
  731  unmarried biological father who is identified to the adoption
  732  entity by the mother by the date she signs her consent for
  733  adoption if the child is 6 months of age or younger at the time
  734  the consent is executed or who is identified by a diligent
  735  search of the Florida Putative Father Registry, or upon an
  736  entity whose consent is required. Service of the notice of
  737  intended adoption plan is not required mandatory when the
  738  unmarried biological father signs a consent for adoption or an
  739  affidavit of nonpaternity or when the child is more than 6
  740  months of age at the time of the execution of the consent by the
  741  mother. The notice may be served at any time before the child’s
  742  birth or before placing the child in the adoptive home. The
  743  recipient of the notice may waive service of process by
  744  executing a waiver and acknowledging receipt of the plan. The
  745  notice of intended adoption plan must specifically state that if
  746  the unmarried biological father desires to contest the adoption
  747  plan he must, within 30 days after service, file with the court
  748  a verified response that contains a pledge of commitment to the
  749  child in substantial compliance with subparagraph (2)(b)2. and a
  750  claim of paternity form with the Office of Vital Statistics, and
  751  must provide the adoption entity with a copy of the verified
  752  response filed with the court and the claim of paternity form
  753  filed with the Office of Vital Statistics. The notice must also
  754  include instructions for submitting a claim of paternity form to
  755  the Office of Vital Statistics and the address to which the
  756  claim must be sent. If the party served with the notice of
  757  intended adoption plan is an entity whose consent is required,
  758  the notice must specifically state that the entity must file,
  759  within 30 days after service, a verified response setting forth
  760  a legal basis for contesting the intended adoption plan,
  761  specifically addressing the best interests interest of the
  762  child.
  763         (a) If the unmarried biological father or entity whose
  764  consent is required fails to timely and properly file a verified
  765  response with the court and, in the case of an unmarried
  766  biological father, a claim of paternity form with the Office of
  767  Vital Statistics, the court shall enter a default judgment
  768  against the any unmarried biological father or entity and the
  769  consent of that unmarried biological father or entity shall no
  770  longer be required under this chapter and shall be deemed to
  771  have waived any claim of rights to the child. To avoid an entry
  772  of a default judgment, within 30 days after receipt of service
  773  of the notice of intended adoption plan:
  774         1. The unmarried biological father must:
  775         a. File a claim of paternity with the Florida Putative
  776  Father Registry maintained by the Office of Vital Statistics;
  777         b. File a verified response with the court which contains a
  778  pledge of commitment to the child in substantial compliance with
  779  subparagraph (2)(b)2.; and
  780         c. Provide support for the birth mother and the child.
  781         2. The entity whose consent is required must file a
  782  verified response setting forth a legal basis for contesting the
  783  intended adoption plan, specifically addressing the best
  784  interests interest of the child.
  785         (b) If the mother identifies a potential unmarried
  786  biological father within the timeframes required by the statute,
  787  whose location is unknown, the adoption entity shall conduct a
  788  diligent search pursuant to s. 63.088. If, upon completion of a
  789  diligent search, the potential unmarried biological father’s
  790  location remains unknown and a search of the Florida Putative
  791  Father Registry fails to reveal a match, the adoption entity
  792  shall request in the petition for termination of parental rights
  793  pending adoption that the court declare the diligent search to
  794  be in compliance with s. 63.088, that the adoption entity has no
  795  further obligation to provide notice to the potential unmarried
  796  biological father, on or before the date of filing a petition to
  797  terminate parental rights, and that the potential unmarried
  798  biological father’s consent to the adoption is not required.
  799         (4) Any person whose consent is required under paragraph
  800  (1)(b), or any other man, may execute an irrevocable affidavit
  801  of nonpaternity in lieu of a consent under this section and by
  802  doing so waives notice to all court proceedings after the date
  803  of execution. An affidavit of nonpaternity must be executed as
  804  provided in s. 63.082. The affidavit of nonpaternity may be
  805  executed prior to the birth of the child. The person executing
  806  the affidavit must receive disclosure under s. 63.085 prior to
  807  signing the affidavit. For purposes of this chapter, an
  808  affidavit of nonpaternity is sufficient if it contains a
  809  specific denial of parental obligations, and does not need to
  810  deny the existence of a biological relationship.
  811         (8) A petition to adopt an adult may be granted if:
  812         (a) Written consent to adoption has been executed by the
  813  adult and the adult’s spouse, if any, unless the spouse’s
  814  consent is waived by the court for good cause.
  815         Section 13. Subsection (2) of section 63.063, Florida
  816  Statutes, is amended to read:
  817         63.063 Responsibility of parents for actions; fraud or
  818  misrepresentation; contesting termination of parental rights and
  819  adoption.—
  820         (2) Any person injured by a fraudulent representation or
  821  action in connection with an adoption may pursue civil or
  822  criminal penalties as provided by law. A fraudulent
  823  representation is not a defense to compliance with the
  824  requirements of this chapter and is not a basis for dismissing a
  825  petition for termination of parental rights or a petition for
  826  adoption, for vacating an adoption decree, or for granting
  827  custody to the offended party. Custody and adoption
  828  determinations must be based on the best interests interest of
  829  the child in accordance with s. 61.13.
  830         Section 14. Paragraph (d) of subsection (1), paragraphs (c)
  831  and (d) of subsection (3), paragraphs (a), (d), and (e) of
  832  subsection (4), and subsections (6) and (7) of section 63.082,
  833  Florida Statutes, are amended to read:
  834         63.082 Execution of consent to adoption or affidavit of
  835  nonpaternity; family social and medical history; revocation
  836  withdrawal of consent.—
  837         (1)
  838         (d) The notice and consent provisions of this chapter as
  839  they relate to the father birth of a child or to legal fathers
  840  do not apply in cases in which the child is conceived as a
  841  result of a violation of the criminal laws of this or another
  842  state or country, including, but not limited to, sexual battery,
  843  unlawful sexual activity with certain minors under s. 794.05,
  844  lewd acts perpetrated upon a minor, or incest. A criminal
  845  conviction is not required for the court to find that the child
  846  was conceived as a result of a violation of the criminal laws of
  847  this state or another state or country.
  848         (3)
  849         (c) If any person who is required to consent is unavailable
  850  because the person cannot be located, an the petition to
  851  terminate parental rights pending adoption must be accompanied
  852  by the affidavit of diligent search required under s. 63.088
  853  shall be filed.
  854         (d) If any person who is required to consent is unavailable
  855  because the person is deceased, the petition to terminate
  856  parental rights pending adoption must be accompanied by a
  857  certified copy of the death certificate. In an adoption of a
  858  stepchild or a relative, the certified copy of the death
  859  certificate of the person whose consent is required may must be
  860  attached to the petition for adoption if a separate petition for
  861  termination of parental rights is not being filed.
  862         (4)(a) An affidavit of nonpaternity may be executed before
  863  the birth of the minor; however, the consent to an adoption may
  864  shall not be executed before the birth of the minor except in a
  865  preplanned adoption pursuant to s. 63.213.
  866         (d) The consent to adoption or the affidavit of
  867  nonpaternity must be signed in the presence of two witnesses and
  868  be acknowledged before a notary public who is not signing as one
  869  of the witnesses. The notary public must legibly note on the
  870  consent or the affidavit the date and time of execution. The
  871  witnesses’ names must be typed or printed underneath their
  872  signatures. The witnesses’ home or business addresses must be
  873  included. The person who signs the consent or the affidavit has
  874  the right to have at least one of the witnesses be an individual
  875  who does not have an employment, professional, or personal
  876  relationship with the adoption entity or the prospective
  877  adoptive parents. The adoption entity must give reasonable
  878  advance notice to the person signing the consent or affidavit of
  879  the right to select a witness of his or her own choosing. The
  880  person who signs the consent or affidavit must acknowledge in
  881  writing on the consent or affidavit that such notice was given
  882  and indicate the witness, if any, who was selected by the person
  883  signing the consent or affidavit. The adoption entity must
  884  include its name, address, and telephone number on the consent
  885  to adoption or affidavit of nonpaternity.
  886         (e) A consent to adoption being executed by the birth
  887  parent must be in at least 12-point boldfaced type and shall
  888  contain the following recitation of rights in substantially the
  889  following form:
  890                         CONSENT TO ADOPTION                       
  891  
  892         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES
  893  NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP
  894  WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO
  895  BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
  896  WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
  897  NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
  898  WITNESSES YOU SELECTED, IF ANY.
  899  
  900         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY
  901  OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE
  902  SIGNING THIS CONSENT:
  903  
  904         1. CONSULT WITH AN ATTORNEY;
  905         2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
  906  LEGALLY PROHIBITED;
  907         3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
  908  FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
  909         4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED;
  910  AND
  911         5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
  912  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
  913  
  914         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS
  915  TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
  916  EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
  917  YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
  918  FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL
  919  OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
  920  IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
  921  FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
  922  BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
  923  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
  924  SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
  925  CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
  926  BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
  927  BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
  928  VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED
  929  WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
  930  DURESS.
  931  
  932         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR
  933  DURESS AND YOU WISH TO INVALIDATE REVOKE THAT CONSENT, YOU MUST:
  934  
  935         1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
  936  YOU WISH TO WITHDRAW YOUR CONSENT; AND
  937         2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
  938  DURESS.
  939  
  940  This statement of rights is not required for the adoption of a
  941  relative, an adult, a stepchild, or a child older than 6 months
  942  of age. A consent form for the adoption of a child older than 6
  943  months of age at the time of the execution of consent must
  944  contain a statement outlining the revocation rights provided in
  945  paragraph (c).
  946         (6)(a) If a parent executes a consent for placement of a
  947  minor with an adoption entity or qualified prospective adoptive
  948  parents and the minor child is in the custody of the department,
  949  but parental rights have not yet been terminated, the adoption
  950  consent is valid, binding, and enforceable by the court.
  951         (b) Upon execution of the consent of the parent, the
  952  adoption entity shall be permitted to may intervene in the
  953  dependency case as a party in interest and must provide the
  954  court that acquired having jurisdiction over the minor, pursuant
  955  to the shelter or dependency petition filed by the department, a
  956  copy of the preliminary home study of the prospective adoptive
  957  parents and any other evidence of the suitability of the
  958  placement. The preliminary home study must be maintained with
  959  strictest confidentiality within the dependency court file and
  960  the department’s file. A preliminary home study must be provided
  961  to the court in all cases in which an adoption entity has
  962  intervened pursuant to this section. Unless the court has
  963  concerns regarding the qualifications of the home study
  964  provider, or concerns that the home study may not be adequate to
  965  determine the best interests of the child, the home study
  966  provided by the adoption entity shall be deemed to be sufficient
  967  and no additional home study needs to be performed by the
  968  department.
  969         (c) If an adoption entity files a motion to intervene in
  970  the dependency case in accordance with this chapter, the
  971  dependency court shall promptly grant a hearing to determine
  972  whether the adoption entity has filed the required documents to
  973  be permitted to intervene and whether a change of placement of
  974  the child is appropriate. At the time the court orders
  975  intervention, the adoption entity shall provide the prospective
  976  adoptive parents with a written list of all Model Approach to
  977  Partnerships in Parenting (MAPP) class training programs within
  978  a 50-mile radius of the residence of the prospective adoptive
  979  parents.
  980         (d)(c) Upon a determination by the court that the
  981  prospective adoptive parents are properly qualified to adopt the
  982  minor child and that the adoption appears to be in the best
  983  interests interest of the minor child, the court shall
  984  immediately order the transfer of custody of the minor child to
  985  the prospective adoptive parents, under the supervision of the
  986  adoption entity. The adoption entity shall thereafter provide
  987  monthly supervision reports to the department until finalization
  988  of the adoption.
  989         (e)(d) In determining whether the best interests interest
  990  of the child are is served by transferring the custody of the
  991  minor child to the prospective adoptive parent selected by the
  992  parent, the court shall consider the rights of the parent to
  993  determine an appropriate placement for the child, the permanency
  994  offered, the child’s bonding with any potential adoptive home
  995  that the child has been residing in, and the importance of
  996  maintaining sibling relationships, if possible.
  997         (7) If a person is seeking to revoke withdraw consent for a
  998  child older than 6 months of age who has been placed with
  999  prospective adoptive parents:
 1000         (a) The person seeking to revoke withdraw consent must, in
 1001  accordance with paragraph (4)(c), notify the adoption entity in
 1002  writing by certified mail, return receipt requested, within 3
 1003  business days after execution of the consent. As used in this
 1004  subsection, the term “business day” means any day on which the
 1005  United States Postal Service accepts certified mail for
 1006  delivery.
 1007         (b) Upon receiving timely written notice from a person
 1008  whose consent to adoption is required of that person’s desire to
 1009  revoke withdraw consent, the adoption entity must contact the
 1010  prospective adoptive parent to arrange a time certain for the
 1011  adoption entity to regain physical custody of the minor, unless,
 1012  upon a motion for emergency hearing by the adoption entity, the
 1013  court determines in written findings that placement of the minor
 1014  with the person who had legal or physical custody of the child
 1015  immediately before the child was placed for adoption may
 1016  endanger the minor or that the person who desires to revoke
 1017  withdraw consent is not required to consent to the adoption, has
 1018  been determined to have abandoned the child, or is otherwise
 1019  subject to a determination that the person’s consent is waived
 1020  under this chapter.
 1021         (c) If the court finds that the placement may endanger the
 1022  minor, the court shall enter an order continuing the placement
 1023  of the minor with the prospective adoptive parents pending
 1024  further proceedings if they desire continued placement. If the
 1025  prospective adoptive parents do not desire continued placement,
 1026  the order must include, but need not be limited to, a
 1027  determination of whether temporary placement in foster care,
 1028  with the person who had legal or physical custody of the child
 1029  immediately before placing the child for adoption, or with a
 1030  relative is in the best interests interest of the child and
 1031  whether an investigation by the department is recommended.
 1032         (d) If the person revoking withdrawing consent claims to be
 1033  the father of the minor but has not been established to be the
 1034  father by marriage, court order, or scientific testing, the
 1035  court may order scientific paternity testing and reserve ruling
 1036  on removal of the minor until the results of such testing have
 1037  been filed with the court.
 1038         (e) The adoption entity must return the minor within 3
 1039  business days after timely and proper notification of the
 1040  revocation withdrawal of consent or after the court determines
 1041  that revocation withdrawal is timely and in accordance with the
 1042  requirements of this chapter valid and binding upon
 1043  consideration of an emergency motion, as filed pursuant to
 1044  paragraph (b), to the physical custody of the person revoking
 1045  withdrawing consent or the person directed by the court. If the
 1046  person seeking to revoke withdraw consent claims to be the
 1047  father of the minor but has not been established to be the
 1048  father by marriage, court order, or scientific testing, the
 1049  adoption entity may return the minor to the care and custody of
 1050  the mother, if she desires such placement and she is not
 1051  otherwise prohibited by law from having custody of the child.
 1052         (f) Following the revocation period for withdrawal of
 1053  consent described in paragraph (a), or the placement of the
 1054  child with the prospective adoptive parents, whichever occurs
 1055  later, consent may be set aside withdrawn only when the court
 1056  finds that the consent was obtained by fraud or duress.
 1057         (g) An affidavit of nonpaternity may be set aside withdrawn
 1058  only if the court finds that the affidavit was obtained by fraud
 1059  or duress.
 1060         (h) If the consent of one parent is set aside or revoked in
 1061  accordance with this chapter, any other consents executed by the
 1062  other parent or a third party whose consent is required for the
 1063  adoption of the child may not be used by the parent whose
 1064  consent was revoked or set aside to terminate or diminish the
 1065  rights of the other parent or third party whose consent was
 1066  required for the adoption of the child.
 1067         Section 15. Subsection (1) and paragraph (a) of subsection
 1068  (2) of section 63.085, Florida Statutes, are amended, and
 1069  paragraph (c) is added to subsection (2) of that section, to
 1070  read:
 1071         63.085 Disclosure by adoption entity.—
 1072         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
 1073  PARENTS.—Within 14 days after a person seeking to adopt a minor
 1074  or a person seeking to place a minor for adoption contacts an
 1075  adoption entity in person or provides the adoption entity with a
 1076  mailing address, the entity must provide a written disclosure
 1077  statement to that person if the entity agrees or continues to
 1078  work with the person. The adoption entity shall also provide the
 1079  written disclosure to the parent who did not initiate contact
 1080  with the adoption entity within 14 days after that parent is
 1081  identified and located. For purposes of providing the written
 1082  disclosure, a person is considered to be seeking to place a
 1083  minor for adoption if that person has sought information or
 1084  advice from the adoption entity regarding the option of adoptive
 1085  placement. The written disclosure statement must be in
 1086  substantially the following form:
 1087  
 1088                         ADOPTION DISCLOSURE                       
 1089         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO
 1090  ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A
 1091  MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS
 1092  REGARDING ADOPTION UNDER FLORIDA LAW:
 1093  
 1094         1. The name, address, and telephone number of the adoption
 1095  entity providing this disclosure is:
 1096         Name:
 1097         Address:
 1098         Telephone Number:
 1099         2. The adoption entity does not provide legal
 1100  representation or advice to parents or anyone signing a consent
 1101  for adoption or affidavit of nonpaternity, and parents have the
 1102  right to consult with an attorney of their own choosing to
 1103  advise them.
 1104         3. With the exception of an adoption by a stepparent or
 1105  relative, a child cannot be placed into a prospective adoptive
 1106  home unless the prospective adoptive parents have received a
 1107  favorable preliminary home study, including criminal and child
 1108  abuse clearances.
 1109         4. A valid consent for adoption may not be signed by the
 1110  birth mother until 48 hours after the birth of the child, or the
 1111  day the birth mother is notified, in writing, that she is fit
 1112  for discharge from the licensed hospital or birth center. Any
 1113  man may sign a valid consent for adoption at any time after the
 1114  birth of the child.
 1115         5. A consent for adoption signed before the child attains
 1116  the age of 6 months is binding and irrevocable from the moment
 1117  it is signed unless it can be proven in court that the consent
 1118  was obtained by fraud or duress. A consent for adoption signed
 1119  after the child attains the age of 6 months is valid from the
 1120  moment it is signed; however, it may be revoked up to 3 business
 1121  days after it was signed.
 1122         6. A consent for adoption is not valid if the signature of
 1123  the person who signed the consent was obtained by fraud or
 1124  duress.
 1125         7. An unmarried biological father must act immediately in
 1126  order to protect his parental rights. Section 63.062, Florida
 1127  Statutes, prescribes that any father seeking to establish his
 1128  right to consent to the adoption of his child must file a claim
 1129  of paternity with the Florida Putative Father Registry
 1130  maintained by the Office of Vital Statistics of the Department
 1131  of Health by the date a petition to terminate parental rights is
 1132  filed with the court, or within 30 days after receiving service
 1133  of a Notice of Intended Adoption Plan. If he receives a Notice
 1134  of Intended Adoption Plan, he must file a claim of paternity
 1135  with the Florida Putative Father Registry, file a parenting plan
 1136  with the court, and provide financial support to the mother or
 1137  child within 30 days following service. An unmarried biological
 1138  father’s failure to timely respond to a Notice of Intended
 1139  Adoption Plan constitutes an irrevocable legal waiver of any and
 1140  all rights that the father may have to the child. A claim of
 1141  paternity registration form for the Florida Putative Father
 1142  Registry may be obtained from any local office of the Department
 1143  of Health, Office of Vital Statistics, the Department of
 1144  Children and Families, the Internet websites for these agencies,
 1145  and the offices of the clerks of the Florida circuit courts. The
 1146  claim of paternity form must be submitted to the Office of Vital
 1147  Statistics, Attention: Adoption Unit, P.O. Box 210,
 1148  Jacksonville, FL 32231.
 1149         8. There are alternatives to adoption, including foster
 1150  care, relative care, and parenting the child. There may be
 1151  services and sources of financial assistance in the community
 1152  available to parents if they choose to parent the child.
 1153         9. A parent has the right to have a witness of his or her
 1154  choice, who is unconnected with the adoption entity or the
 1155  adoptive parents, to be present and witness the signing of the
 1156  consent or affidavit of nonpaternity.
 1157         10. A parent 14 years of age or younger must have a parent,
 1158  legal guardian, or court-appointed guardian ad litem to assist
 1159  and advise the parent as to the adoption plan and to witness
 1160  consent.
 1161         11. A parent has a right to receive supportive counseling
 1162  from a counselor, social worker, physician, clergy, or attorney.
 1163         12. The payment of living or medical expenses by the
 1164  prospective adoptive parents before the birth of the child does
 1165  not, in any way, obligate the parent to sign the consent for
 1166  adoption.
 1167         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
 1168         (a) At the time that an adoption entity is responsible for
 1169  selecting prospective adoptive parents for a born or unborn
 1170  child whose parents are seeking to place the child for adoption
 1171  or whose rights were terminated pursuant to chapter 39, the
 1172  adoption entity must provide the prospective adoptive parents
 1173  with information concerning the background of the child to the
 1174  extent such information is disclosed to the adoption entity by
 1175  the parents, legal custodian, or the department. This subsection
 1176  applies only if the adoption entity identifies the prospective
 1177  adoptive parents and supervises the physical placement of the
 1178  child in the prospective adoptive parents’ home. If any
 1179  information cannot be disclosed because the records custodian
 1180  failed or refused to produce the background information, the
 1181  adoption entity has a duty to provide the information if it
 1182  becomes available. An individual or entity contacted by an
 1183  adoption entity to obtain the background information must
 1184  release the requested information to the adoption entity without
 1185  the necessity of a subpoena or a court order. In all cases, the
 1186  prospective adoptive parents must receive all available
 1187  information by the date of the final hearing on the petition for
 1188  adoption. The information to be disclosed includes:
 1189         1. A family social and medical history form completed
 1190  pursuant to s. 63.162(6).
 1191         2. The biological mother’s medical records documenting her
 1192  prenatal care and the birth and delivery of the child.
 1193         3. A complete set of the child’s medical records
 1194  documenting all medical treatment and care since the child’s
 1195  birth and before placement.
 1196         4. All mental health, psychological, and psychiatric
 1197  records, reports, and evaluations concerning the child before
 1198  placement.
 1199         5. The child’s educational records, including all records
 1200  concerning any special education needs of the child before
 1201  placement.
 1202         6. Records documenting all incidents that required the
 1203  department to provide services to the child, including all
 1204  orders of adjudication of dependency or termination of parental
 1205  rights issued pursuant to chapter 39, any case plans drafted to
 1206  address the child’s needs, all protective services
 1207  investigations identifying the child as a victim, and all
 1208  guardian ad litem reports filed with the court concerning the
 1209  child.
 1210         7. Written information concerning the availability of
 1211  adoption subsidies for the child, if applicable.
 1212         (c) If the cost to the prospective adoptive parent or
 1213  parents of obtaining the medical records described in paragraph
 1214  (a) exceeds $500, the prospective adoptive parent or parents may
 1215  waive the receipt of the records by providing written
 1216  notification of the waiver to the adoption entity and filing a
 1217  copy of the written notification in the court file.
 1218         Section 16. Subsection (6) of section 63.087, Florida
 1219  Statutes, is amended to read:
 1220         63.087 Proceeding to terminate parental rights pending
 1221  adoption; general provisions.—
 1222         (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the
 1223  petition or any pleading requiring an answer must be filed in
 1224  accordance with the Florida Family Law Rules of Procedure.
 1225  Failure to file a written response to the petition constitutes
 1226  grounds upon which the court may terminate parental rights.
 1227  Failure to personally appear at the hearing constitutes grounds
 1228  upon which the court may terminate parental rights. Any person
 1229  present at the hearing to terminate parental rights pending
 1230  adoption whose consent to adoption is required under s. 63.062
 1231  must:
 1232         (a) Be advised by the court that he or she has a right to
 1233  ask that the hearing be reset for a later date so that the
 1234  person may consult with an attorney; and
 1235         (b) Be given an opportunity to admit or deny the
 1236  allegations in the petition.
 1237         Section 17. Subsection (4) of section 63.088, Florida
 1238  Statutes, is amended to read:
 1239         63.088 Proceeding to terminate parental rights pending
 1240  adoption; notice and service; diligent search.—
 1241         (4) REQUIRED INQUIRY.—In proceedings initiated under s.
 1242  63.087, the court shall conduct an inquiry of the person who is
 1243  placing the minor for adoption and of any relative or person
 1244  having legal custody of the minor who is present at the hearing
 1245  and likely to have the following information regarding the
 1246  identity of:
 1247         (a) Any man to whom the mother of the minor was married at
 1248  any time when conception of the minor may have occurred or at
 1249  the time of the birth of the minor;
 1250         (b) Any man who has filed an affidavit of paternity
 1251  pursuant to s. 382.013(2)(c) before the date that a petition for
 1252  termination of parental rights is filed with the court;
 1253         (c) Any man who has adopted the minor;
 1254         (d) Any man who has been adjudicated by a court as the
 1255  father of the minor child before the date a petition for
 1256  termination of parental rights is filed with the court; and
 1257         (e) Any man whom the mother identified to the adoption
 1258  entity as a potential biological father before the date she
 1259  signed the consent for adoption.
 1260  
 1261  The information sought under this subsection may be provided to
 1262  the court in the form of a sworn affidavit by a person having
 1263  personal knowledge of the facts, addressing each inquiry
 1264  enumerated in this subsection, except that, if the inquiry
 1265  identifies a father under paragraph (a), paragraph (b), or
 1266  paragraph (c), or paragraph (d), the inquiry may not continue
 1267  further. The inquiry required under this subsection may be
 1268  conducted before the birth of the minor.
 1269         Section 18. Subsection (3), paragraph (b) of subsection
 1270  (4), and subsections (5) and (7) of section 63.089, Florida
 1271  Statutes, are amended to read:
 1272         63.089 Proceeding to terminate parental rights pending
 1273  adoption; hearing; grounds; dismissal of petition; judgment.—
 1274         (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
 1275  ADOPTION.—The court may enter a judgment terminating parental
 1276  rights pending adoption if the court determines by clear and
 1277  convincing evidence, supported by written findings of fact, that
 1278  each person whose consent to adoption is required under s.
 1279  63.062:
 1280         (a) Has executed a valid consent under s. 63.082 and the
 1281  consent was obtained according to the requirements of this
 1282  chapter;
 1283         (b) Has executed an affidavit of nonpaternity and the
 1284  affidavit was obtained according to the requirements of this
 1285  chapter;
 1286         (c) Has been served with a notice of the intended adoption
 1287  plan in accordance with the provisions of s. 63.062(3) and has
 1288  failed to respond within the designated time period;
 1289         (d) Has been properly served notice of the proceeding in
 1290  accordance with the requirements of this chapter and has failed
 1291  to file a written answer or personally appear at the evidentiary
 1292  hearing resulting in the judgment terminating parental rights
 1293  pending adoption;
 1294         (e) Has been properly served notice of the proceeding in
 1295  accordance with the requirements of this chapter and has been
 1296  determined under subsection (4) to have abandoned the minor;
 1297         (f) Is a parent of the person to be adopted, which parent
 1298  has been judicially declared incapacitated with restoration of
 1299  competency found to be medically improbable;
 1300         (g) Is a person who has legal custody of the person to be
 1301  adopted, other than a parent, who has failed to respond in
 1302  writing to a request for consent for a period of 60 days or,
 1303  after examination of his or her written reasons for withholding
 1304  consent, is found by the court to be withholding his or her
 1305  consent unreasonably;
 1306         (h) Has been properly served notice of the proceeding in
 1307  accordance with the requirements of this chapter, but has been
 1308  found by the court, after examining written reasons for the
 1309  withholding of consent, to be unreasonably withholding his or
 1310  her consent; or
 1311         (i) Is the spouse of the person to be adopted who has
 1312  failed to consent, and the failure of the spouse to consent to
 1313  the adoption is excused by reason of prolonged and unexplained
 1314  absence, unavailability, incapacity, or circumstances that are
 1315  found by the court to constitute unreasonable withholding of
 1316  consent.
 1317         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1318  resulting in a termination of parental rights must be based upon
 1319  clear and convincing evidence that a parent or person having
 1320  legal custody has abandoned the child in accordance with the
 1321  definition contained in s. 63.032. A finding of abandonment may
 1322  also be based upon emotional abuse or a refusal to provide
 1323  reasonable financial support, when able, to a birth mother
 1324  during her pregnancy.
 1325         (b) The child has been abandoned when the parent of a child
 1326  is incarcerated on or after October 1, 2001, in a federal,
 1327  state, or county correctional institution and:
 1328         1. The period of time for which the parent has been or is
 1329  expected to be incarcerated will constitute a significant
 1330  portion of the child’s minority. In determining whether the
 1331  period of time is significant, the court shall consider the
 1332  child’s age and the child’s need for a permanent and stable
 1333  home. The period of time begins on the date that the parent
 1334  enters into incarceration;
 1335         2. The incarcerated parent has been determined by a court
 1336  of competent jurisdiction to be a violent career criminal as
 1337  defined in s. 775.084, a habitual violent felony offender as
 1338  defined in s. 775.084, convicted of child abuse as defined in s.
 1339  827.03, or a sexual predator as defined in s. 775.21; has been
 1340  convicted of first degree or second degree murder in violation
 1341  of s. 782.04 or a sexual battery that constitutes a capital,
 1342  life, or first degree felony violation of s. 794.011; or has
 1343  been convicted of a substantially similar offense in another
 1344  jurisdiction. As used in this section, the term “substantially
 1345  similar offense” means any offense that is substantially similar
 1346  in elements and penalties to one of those listed in this
 1347  subparagraph, and that is in violation of a law of any other
 1348  jurisdiction, whether that of another state, the District of
 1349  Columbia, the United States or any possession or territory
 1350  thereof, or any foreign jurisdiction; or
 1351         3. The court determines by clear and convincing evidence
 1352  that continuing the parental relationship with the incarcerated
 1353  parent would be harmful to the child and, for this reason,
 1354  termination of the parental rights of the incarcerated parent is
 1355  in the best interests interest of the child.
 1356         (5) DISMISSAL OF PETITION.—If the court does not find by
 1357  clear and convincing evidence that parental rights of a parent
 1358  should be terminated pending adoption, the court must dismiss
 1359  the petition and that parent’s parental rights that were the
 1360  subject of such petition shall remain in full force under the
 1361  law. The order must include written findings in support of the
 1362  dismissal, including findings as to the criteria in subsection
 1363  (4) if rejecting a claim of abandonment.
 1364         (a) Parental rights may not be terminated based upon a
 1365  consent that the court finds has been timely revoked withdrawn
 1366  under s. 63.082 or a consent to adoption or affidavit of
 1367  nonpaternity that the court finds was obtained by fraud or
 1368  duress.
 1369         (b) The court must enter an order based upon written
 1370  findings providing for the placement of the minor, but the court
 1371  may not proceed to determine custody between competing eligible
 1372  parties. The placement of the child shall revert to the parent
 1373  or guardian who had physical custody of the child at the time of
 1374  the placement for adoption unless the court determines upon
 1375  clear and convincing evidence that this placement is not in the
 1376  best interests of the child or is not an available option for
 1377  the child. The court may not change the placement of a child who
 1378  has established a bonded relationship with the current caregiver
 1379  without providing for a reasonable transition plan consistent
 1380  with the best interests of the child. The court may direct the
 1381  parties to participate in a reunification or unification plan
 1382  with a qualified professional to assist the child in the
 1383  transition. The court may order scientific testing to determine
 1384  the paternity of the minor only if the court has determined that
 1385  the consent of the alleged father would be required, unless all
 1386  parties agree that such testing is in the best interests of the
 1387  child. The court may not order scientific testing to determine
 1388  paternity of an unmarried biological father if the child has a
 1389  father as described in s. 63.088(4)(a)-(d) whose rights have not
 1390  been previously terminated at any time during which the court
 1391  has jurisdiction over the minor. Further proceedings, if any,
 1392  regarding the minor must be brought in a separate custody action
 1393  under chapter 61, a dependency action under chapter 39, or a
 1394  paternity action under chapter 742.
 1395         (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.—
 1396         (a) A motion for relief from a judgment terminating
 1397  parental rights must be filed with the court originally entering
 1398  the judgment. The motion must be filed within a reasonable time,
 1399  but not later than 1 year after the entry of the judgment. An
 1400  unmarried biological father does not have standing to seek
 1401  relief from a judgment terminating parental rights if the mother
 1402  did not identify him to the adoption entity before the date she
 1403  signed a consent for adoption or if he was not located because
 1404  the mother failed or refused to provide sufficient information
 1405  to locate him.
 1406         (b) No later than 30 days after the filing of a motion
 1407  under this subsection, the court must conduct a preliminary
 1408  hearing to determine what contact, if any, shall be permitted
 1409  between a parent and the child pending resolution of the motion.
 1410  Such contact shall be considered only if it is requested by a
 1411  parent who has appeared at the hearing and may not be awarded
 1412  unless the parent previously established a bonded relationship
 1413  with the child and the parent has pled a legitimate legal basis
 1414  and established a prima facie case for setting aside the
 1415  judgment terminating parental rights. If the court orders
 1416  contact between a parent and child, the order must be issued in
 1417  writing as expeditiously as possible and must state with
 1418  specificity any provisions regarding contact with persons other
 1419  than those with whom the child resides.
 1420         (c) At the preliminary hearing, the court, upon the motion
 1421  of any party or upon its own motion, may order scientific
 1422  testing to determine the paternity of the minor if the person
 1423  seeking to set aside the judgment is alleging to be the child’s
 1424  father and that fact has not previously been determined by
 1425  legitimacy or scientific testing. The court may order visitation
 1426  with a person for whom scientific testing for paternity has been
 1427  ordered and who has previously established a bonded relationship
 1428  with the child.
 1429         (d) Unless otherwise agreed between the parties or for good
 1430  cause shown, the court shall conduct a final hearing on the
 1431  motion for relief from judgment within 45 days after the filing
 1432  and enter its written order as expeditiously as possible
 1433  thereafter.
 1434         (e) If the court grants relief from the judgment
 1435  terminating parental rights and no new pleading is filed to
 1436  terminate parental rights, the placement of the child shall
 1437  revert to the parent or guardian who had physical custody of the
 1438  child at the time of the original placement for adoption unless
 1439  the court determines upon clear and convincing evidence that
 1440  this placement is not in the best interests of the child or is
 1441  not an available option for the child. The court may not change
 1442  the placement of a child who has established a bonded
 1443  relationship with the current caregiver without providing for a
 1444  reasonable transition plan consistent with the best interests of
 1445  the child. The court may direct the parties to participate in a
 1446  reunification or unification plan with a qualified professional
 1447  to assist the child in the transition. The court may not direct
 1448  the placement of a child with a person other than the adoptive
 1449  parents without first obtaining a favorable home study of that
 1450  person and any other persons residing in the proposed home and
 1451  shall take whatever additional steps are necessary and
 1452  appropriate for the physical and emotional protection of the
 1453  child.
 1454         Section 19. Subsection (3) of section 63.092, Florida
 1455  Statutes, is amended to read:
 1456         63.092 Report to the court of intended placement by an
 1457  adoption entity; at-risk placement; preliminary study.—
 1458         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1459  intended adoptive home, a preliminary home study must be
 1460  performed by a licensed child-placing agency, a child-caring
 1461  agency registered under s. 409.176, a licensed professional, or
 1462  agency described in s. 61.20(2), unless the adoptee is an adult
 1463  or the petitioner is a stepparent or a relative. If the adoptee
 1464  is an adult or the petitioner is a stepparent or a relative, a
 1465  preliminary home study may be required by the court for good
 1466  cause shown. The department is required to perform the
 1467  preliminary home study only if there is no licensed child
 1468  placing agency, child-caring agency registered under s. 409.176,
 1469  licensed professional, or agency described in s. 61.20(2), in
 1470  the county where the prospective adoptive parents reside. The
 1471  preliminary home study must be made to determine the suitability
 1472  of the intended adoptive parents and may be completed prior to
 1473  identification of a prospective adoptive minor. A favorable
 1474  preliminary home study is valid for 1 year after the date of its
 1475  completion. Upon its completion, a signed copy of the home study
 1476  must be provided to the intended adoptive parents who were the
 1477  subject of the home study. A minor may not be placed in an
 1478  intended adoptive home before a favorable preliminary home study
 1479  is completed unless the adoptive home is also a licensed foster
 1480  home under s. 409.175. The preliminary home study must include,
 1481  at a minimum:
 1482         (a) An interview with the intended adoptive parents;
 1483         (b) Records checks of the department’s central abuse
 1484  registry and criminal records correspondence checks under s.
 1485  39.0138 through the Department of Law Enforcement on the
 1486  intended adoptive parents;
 1487         (c) An assessment of the physical environment of the home;
 1488         (d) A determination of the financial security of the
 1489  intended adoptive parents;
 1490         (e) Documentation of counseling and education of the
 1491  intended adoptive parents on adoptive parenting;
 1492         (f) Documentation that information on adoption and the
 1493  adoption process has been provided to the intended adoptive
 1494  parents;
 1495         (g) Documentation that information on support services
 1496  available in the community has been provided to the intended
 1497  adoptive parents; and
 1498         (h) A copy of each signed acknowledgment of receipt of
 1499  disclosure required by s. 63.085.
 1500  
 1501  If the preliminary home study is favorable, a minor may be
 1502  placed in the home pending entry of the judgment of adoption. A
 1503  minor may not be placed in the home if the preliminary home
 1504  study is unfavorable. If the preliminary home study is
 1505  unfavorable, the adoption entity may, within 20 days after
 1506  receipt of a copy of the written recommendation, petition the
 1507  court to determine the suitability of the intended adoptive
 1508  home. A determination as to suitability under this subsection
 1509  does not act as a presumption of suitability at the final
 1510  hearing. In determining the suitability of the intended adoptive
 1511  home, the court must consider the totality of the circumstances
 1512  in the home. A No minor may not be placed in a home in which
 1513  there resides any person determined by the court to be a sexual
 1514  predator as defined in s. 775.21 or to have been convicted of an
 1515  offense listed in s. 63.089(4)(b)2.
 1516         Section 20. Subsection (7) is added to section 63.097,
 1517  Florida Statutes, to read:
 1518         63.097 Fees.—
 1519         (7) In determining reasonable attorney fees, the court
 1520  shall use the following criteria:
 1521         (a) The time and labor required, the novelty and difficulty
 1522  of the question involved, and the skill requisite to perform the
 1523  legal service properly.
 1524         (b) The likelihood, if apparent to the client, that the
 1525  acceptance of the particular employment will preclude other
 1526  employment by the attorney.
 1527         (c) The fee customarily charged in the locality for similar
 1528  legal services.
 1529         (d) The amount involved in the subject matter of the
 1530  representation, the responsibility involved in the
 1531  representation, and the results obtained.
 1532         (e) The time limitations imposed by the client or by the
 1533  circumstances and, as between attorney and client, any
 1534  additional or special time demands or requests of the attorney
 1535  by the client.
 1536         (f) The nature and length of the professional relationship
 1537  with the client.
 1538         (g) The experience, reputation, diligence, and ability of
 1539  the attorney or attorneys performing the service and the skill,
 1540  expertise, or efficiency of effort reflected in the actual
 1541  providing of such services.
 1542         (h) Whether the fee is fixed or contingent.
 1543         Section 21. Section 63.152, Florida Statutes, is amended to
 1544  read:
 1545         63.152 Application for new birth record.—Within 30 days
 1546  after entry of a judgment of adoption, the clerk of the court or
 1547  the adoption entity shall transmit a certified statement of the
 1548  entry to the state registrar of vital statistics on a form
 1549  provided by the registrar. A new birth record containing the
 1550  necessary information supplied by the certificate shall be
 1551  issued by the registrar on application of the adopting parents
 1552  or the adopted person.
 1553         Section 22. Subsection (7) of section 63.162, Florida
 1554  Statutes, is amended to read:
 1555         63.162 Hearings and records in adoption proceedings;
 1556  confidential nature.—
 1557         (7) The court may, upon petition of an adult adoptee or
 1558  birth parent, for good cause shown, appoint an intermediary or
 1559  adoption entity a licensed child-placing agency to contact a
 1560  birth parent or adult adoptee, as applicable, who has not
 1561  registered with the adoption registry pursuant to s. 63.165 and
 1562  advise both them of the availability of the intermediary or
 1563  adoption entity and that the birth parent or adult adoptee, as
 1564  applicable, wishes to establish contact same.
 1565         Section 23. Paragraph (c) of subsection (2) of section
 1566  63.167, Florida Statutes, is amended to read:
 1567         63.167 State adoption information center.—
 1568         (2) The functions of the state adoption information center
 1569  shall include:
 1570         (c) Operating a toll-free telephone number to provide
 1571  information and referral services. The state adoption
 1572  information center shall provide contact information for all
 1573  adoption entities in the caller’s county or, if no adoption
 1574  entities are located in the caller’s county, the number of the
 1575  nearest adoption entity when contacted for a referral to make an
 1576  adoption plan and shall rotate the order in which the names of
 1577  adoption entities are provided to callers.
 1578         Section 24. Paragraph (g) of subsection (1) and subsections
 1579  (2) and (8) of section 63.212, Florida Statutes, are amended to
 1580  read:
 1581         63.212 Prohibited acts; penalties for violation.—
 1582         (1) It is unlawful for any person:
 1583         (g) Except an adoption entity, to advertise or offer to the
 1584  public, in any way, by any medium whatever that a minor is
 1585  available for adoption or that a minor is sought for adoption;
 1586  and, further, it is unlawful for any person to publish or
 1587  broadcast any such advertisement or assist an unlicensed person
 1588  or entity in publishing or broadcasting any such advertisement
 1589  without including a Florida license number of the agency or
 1590  attorney placing the advertisement.
 1591         1. Only a person who is an attorney licensed to practice
 1592  law in this state or an adoption entity licensed under the laws
 1593  of this state may place a paid advertisement or paid listing of
 1594  the person’s telephone number, on the person’s own behalf, in a
 1595  telephone directory that:
 1596         a. A child is offered or wanted for adoption; or
 1597         b. The person is able to place, locate, or receive a child
 1598  for adoption.
 1599         2. A person who publishes a telephone directory that is
 1600  distributed in this state:
 1601         a. Shall include, at the beginning of any classified
 1602  heading for adoption and adoption services, a statement that
 1603  informs directory users that only attorneys licensed to practice
 1604  law in this state and licensed adoption entities may legally
 1605  provide adoption services under state law.
 1606         b. May publish an advertisement described in subparagraph
 1607  1. in the telephone directory only if the advertisement contains
 1608  the following:
 1609         (I) For an attorney licensed to practice law in this state,
 1610  the attorney’s Florida Bar number.
 1611         (II) For an adoption entity licensed under the laws of this
 1612  state, the number on the adoption entity license.
 1613         (2) Any woman who is a birth mother, or a woman who holds
 1614  herself out to be a birth mother, who is interested in making an
 1615  adoption plan and who knowingly or intentionally benefits from
 1616  the payment of adoption-related expenses in connection with that
 1617  adoption plan commits adoption deception if:
 1618         (a) The person knows or should have known that the woman is
 1619  not pregnant at the time the sums were requested or received;
 1620         (b) The woman accepts living expenses assistance from a
 1621  prospective adoptive parent or adoption entity without
 1622  disclosing that she is receiving living expenses assistance from
 1623  another prospective adoptive parent or adoption entity at the
 1624  same time in an effort to adopt the same child; or
 1625         (c) The woman knowingly makes false representations to
 1626  induce the payment of living expenses and does not intend to
 1627  make an adoptive placement. It is unlawful for:
 1628         (a) Any person or adoption entity under this chapter to:
 1629         1. Knowingly provide false information; or
 1630         2. Knowingly withhold material information.
 1631         (b) A parent, with the intent to defraud, to accept
 1632  benefits related to the same pregnancy from more than one
 1633  adoption entity without disclosing that fact to each entity.
 1634  
 1635  Any person who willfully commits adoption deception violates any
 1636  provision of this subsection commits a misdemeanor of the second
 1637  degree, punishable as provided in s. 775.082 or s. 775.083, if
 1638  the sums received by the birth mother or woman holding herself
 1639  out to be a birth mother do not exceed $300, and a felony of the
 1640  third degree, punishable as provided in s. 775.082, s. 775.083,
 1641  or s. 775.084, if the sums received by the birth mother or woman
 1642  holding herself out to be a birth mother exceed $300. In
 1643  addition, the person is liable for damages caused by such acts
 1644  or omissions, including reasonable attorney attorney’s fees and
 1645  costs incurred by the adoption entity or the prospective
 1646  adoptive parent. Damages may be awarded through restitution in
 1647  any related criminal prosecution or by filing a separate civil
 1648  action.
 1649         (8) Unless otherwise indicated, a person who willfully and
 1650  with criminal intent violates any provision of this section,
 1651  excluding paragraph (1)(g), commits a felony of the third
 1652  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1653  775.084. A person who willfully and with criminal intent
 1654  violates paragraph (1)(g) commits a misdemeanor of the second
 1655  degree, punishable as provided in s. 775.083; and each day of
 1656  continuing violation shall be considered a separate offense. In
 1657  addition, any person who knowingly publishes or assists with the
 1658  publication of any advertisement or other publication that
 1659  violates the requirements of paragraph (1)(g) commits a
 1660  misdemeanor of the second degree, punishable as provided in s.
 1661  775.083, and may be required to pay a fine of up to $150 per day
 1662  for each day of continuing violation.
 1663         Section 25. Paragraph (b) of subsection (1), paragraphs (a)
 1664  and (e) of subsection (2), and paragraphs (b), (h), and (i) of
 1665  subsection (6) of section 63.213, Florida Statutes, are amended
 1666  to read:
 1667         63.213 Preplanned adoption agreement.—
 1668         (1) Individuals may enter into a preplanned adoption
 1669  arrangement as specified in this section, but such arrangement
 1670  may not in any way:
 1671         (b) Constitute consent of a mother to place her biological
 1672  child for adoption until 48 hours after the following birth of
 1673  the child and unless the court making the custody determination
 1674  or approving the adoption determines that the mother was aware
 1675  of her right to rescind within the 48-hour period after the
 1676  following birth of the child but chose not to rescind such
 1677  consent. The volunteer mother’s right to rescind her consent in
 1678  a preplanned adoption applies only when the child is genetically
 1679  related to her.
 1680         (2) A preplanned adoption agreement must include, but need
 1681  not be limited to, the following terms:
 1682         (a) That the volunteer mother agrees to become pregnant by
 1683  the fertility technique specified in the agreement, to bear the
 1684  child, and to terminate any parental rights and responsibilities
 1685  to the child she might have through a written consent executed
 1686  at the same time as the preplanned adoption agreement, subject
 1687  to a right of rescission by the volunteer mother any time within
 1688  48 hours after the birth of the child, if the volunteer mother
 1689  is genetically related to the child.
 1690         (e) That the intended father and intended mother
 1691  acknowledge that they may not receive custody or the parental
 1692  rights under the agreement if the volunteer mother terminates
 1693  the agreement or if the volunteer mother rescinds her consent to
 1694  place her child for adoption within 48 hours after the birth of
 1695  the child, if the volunteer mother is genetically related to the
 1696  child.
 1697         (6) As used in this section, the term:
 1698         (b) “Child” means the child or children conceived by means
 1699  of a fertility technique an insemination that is part of a
 1700  preplanned adoption arrangement.
 1701         (h) “Preplanned adoption arrangement” means the arrangement
 1702  through which the parties enter into an agreement for the
 1703  volunteer mother to bear the child, for payment by the intended
 1704  father and intended mother of the expenses allowed by this
 1705  section, for the intended father and intended mother to assert
 1706  full parental rights and responsibilities to the child if
 1707  consent to adoption is not rescinded after birth by a the
 1708  volunteer mother who is genetically related to the child, and
 1709  for the volunteer mother to terminate, subject to any a right of
 1710  rescission, all her parental rights and responsibilities to the
 1711  child in favor of the intended father and intended mother.
 1712         (i) “Volunteer mother” means a female at least 18 years of
 1713  age who voluntarily agrees, subject to a right of rescission if
 1714  it is her biological child, that if she should become pregnant
 1715  pursuant to a preplanned adoption arrangement, she will
 1716  terminate her parental rights and responsibilities to the child
 1717  in favor of the intended father and intended mother.
 1718         Section 26. Section 63.222, Florida Statutes, is amended to
 1719  read:
 1720         63.222 Effect on prior adoption proceedings.—Any adoption
 1721  made before October 1, 2012, is the effective date of this act
 1722  shall be valid, and any proceedings pending on that the
 1723  effective date and any subsequent amendments thereto of this act
 1724  are not affected unless the amendment is designated as a
 1725  remedial provision thereby.
 1726         Section 27. Section 63.2325, Florida Statutes, is amended
 1727  to read:
 1728         63.2325 Conditions for invalidation revocation of a consent
 1729  to adoption or affidavit of nonpaternity.—Notwithstanding the
 1730  requirements of this chapter, a failure to meet any of those
 1731  requirements does not constitute grounds for invalidation
 1732  revocation of a consent to adoption or revocation withdrawal of
 1733  an affidavit of nonpaternity unless the extent and circumstances
 1734  of such a failure result in a material failure of fundamental
 1735  fairness in the administration of due process, or the failure
 1736  constitutes or contributes to fraud or duress in obtaining a
 1737  consent to adoption or affidavit of nonpaternity.
 1738         Section 28. Section 753.06, Florida Statutes, is created to
 1739  read:
 1740         753.06Standards; funding limitations.—
 1741         (1) The standards provided in the final report submitted to
 1742  the Legislature pursuant to s. 753.03(4) shall be the state’s
 1743  standards for supervised visitation and exchange monitoring.
 1744         (2) Each supervised visitation program must annually affirm
 1745  in a written agreement with the court that it abides by the
 1746  standards. If the program has a contract with a child-placing
 1747  agency, that contract must include an affirmation that the
 1748  program complies with the standards. A copy of the agreement or
 1749  contract must be made available to any party upon request.
 1750         (3) On or after January 1, 2013, only a supervised
 1751  visitation program that has affirmed in a written agreement with
 1752  the court that it abides by and is in compliance with the state
 1753  standards may receive state funding for supervised visitation or
 1754  exchange monitoring services.
 1755         Section 29. Section 753.07, Florida Statutes, is created to
 1756  read:
 1757         753.07Referrals.—
 1758         (1) Courts and referring child-placing agencies must adhere
 1759  to the following priorities when determining where to refer
 1760  cases for supervised visitation or exchange monitoring:
 1761         (a) For cases that are filed under chapter 61 or chapter
 1762  741 in which the courts are the primary source of referrals, the
 1763  court shall direct referrals as follows:
 1764         1. The order must refer the parties to a supervised
 1765  visitation program that has a written agreement with the court
 1766  as provided in s. 753.06(2) if such a program exists in the
 1767  community.
 1768         2. If a program does not exist, or if the existing program
 1769  is not able to accept the referral for any reason, the court may
 1770  refer the case to a local licensed mental health professional.
 1771  Such professional is not required to abide by the state
 1772  standards established in s. 753.06; however, the professional
 1773  must affirm to the court in writing that he or she has completed
 1774  the clearinghouse’s free, online supervised visitation training
 1775  program and has read and understands the state standards.
 1776         (b) In cases governed by chapter 39, the referring child
 1777  placing agency must adhere to the following:
 1778         1. The agency that has primary responsibility for the case
 1779  must ensure that each family is assessed for problems that could
 1780  present safety risks during parent-child contact. If risks are
 1781  found, agency staff shall consider referring the parties to a
 1782  local supervised visitation program that has affirmed in writing
 1783  that it adheres to the state standards if such a program exists
 1784  in the community.
 1785         2. If agency staff determines that supervised visitation is
 1786  unnecessary, such program does not exist, or the existing
 1787  program is unable to accept the referral for any reason, the
 1788  child protective investigator or case manager who has primary
 1789  responsibility for the case may:
 1790         a. Supervise the parent-child contact himself or herself.
 1791  However, before a child protective investigator or case manager
 1792  may supervise visits, he or she must review or receive training
 1793  on the online training manual for the state’s supervised
 1794  visitation programs and affirm in writing to his or her own
 1795  agency that he or she has received training on, or has reviewed
 1796  and understands, the state standards.
 1797         b. Designate a foster parent or relative to supervise the
 1798  parent-child visits in those cases that do not warrant the
 1799  supervision of the child protective investigator or case
 1800  manager. However, the designated foster parent or relative must
 1801  first be apprised that the case manager conducted a safety
 1802  assessment described in subparagraph 1., and must be provided
 1803  access to free training material on the foster parent’s or
 1804  relative’s role in supervised visitation. Such materials may be
 1805  created by the clearinghouse using existing or new material and
 1806  must be approved by the department. Such training may be
 1807  included in any preservice foster parent training conducted by
 1808  the agency.
 1809         3. If a program does not exist, or if the existing program
 1810  is unable to accept the referral and the child protective
 1811  investigator or case manager is unable to supervise the parent
 1812  child contact or designate a foster parent or relative to
 1813  supervise the visits as described in subparagraph 2., the agency
 1814  that has primary responsibility for the case may refer the case
 1815  to other qualified staff within that agency to supervise the
 1816  contact. However, before such staff member may supervise any
 1817  visits, he or she must review or receive training on the online
 1818  training manual for supervised visitation programs and affirm in
 1819  writing to his or her own agency that he or she has received
 1820  training on, or has reviewed and understands, the training
 1821  manual and the state standards.
 1822         4. The agency that has primary responsibility for the case
 1823  may not refer the case to a subcontractor or other agency to
 1824  perform the supervised visitation unless that subcontractor’s or
 1825  other agency’s child protective investigators or case managers
 1826  who supervise onsite or offsite visits have reviewed or received
 1827  training on the clearinghouse’s online training manual for
 1828  supervised visitation programs and affirm to their own agency
 1829  that they have received training on, or have reviewed and
 1830  understand, the training manual and the state standards.
 1831         (2) This section does not prohibit the court from allowing
 1832  a litigant’s relatives or friends to supervise visits if the
 1833  court determines that such supervision is safe. However, such
 1834  informal supervisors must be made aware of the free online
 1835  clearinghouse materials that they may voluntarily choose to
 1836  review. These materials must provide information that helps
 1837  educate the informal supervisors about the inherent risks and
 1838  complicated dynamics of supervised visitation.
 1839         (3) Supervised visitation programs may alert the court in
 1840  writing if there are problems with referred cases and the court
 1841  may set a hearing to address these problems.
 1842         Section 30. Section 753.08, Florida Statutes, is created to
 1843  read:
 1844         753.08Security background checks; immunity.—
 1845         (1) Because of the special trust or responsibility placed
 1846  on volunteers and employees of supervised visitation programs,
 1847  such program must conduct a security background investigation
 1848  before hiring an employee or certifying a volunteer.
 1849         (a) A security background investigation must include, but
 1850  need not be limited to, employment history checks, reference
 1851  checks, local criminal history records checks through local law
 1852  enforcement agencies, and statewide criminal history records
 1853  checks through the Department of Law Enforcement.
 1854         (b) Upon request, an employer shall furnish a copy of the
 1855  personnel record for the employee or former employee who is the
 1856  subject of a security background investigation. The information
 1857  contained in the record may include, but need not be limited to,
 1858  disciplinary matters and the reason the employee was terminated
 1859  from employment, if applicable. An employer who releases a
 1860  personnel record for purposes of a security background
 1861  investigation is presumed to have acted in good faith and is not
 1862  liable for information contained in the record without a showing
 1863  that the employer maliciously falsified the record.
 1864         (c) All employees hired or volunteers certified on or after
 1865  October 1, 2012, must undergo a state and national criminal
 1866  history record check. Supervised visitation programs shall
 1867  contract with the department, the court administrator, or the
 1868  clerk of court to conduct level 2 background screening under
 1869  chapter 435. The cost of fingerprint processing may be borne by
 1870  the program or the person subject to the background check. The
 1871  department, court administrator, or clerk of court shall review
 1872  the criminal history results to determine if an applicant meets
 1873  the minimum requirements and is responsible for payment to the
 1874  Department of Law Enforcement by invoice to the department, the
 1875  court administrator, or the clerk of court or by payment from a
 1876  credit card by the applicant or a vendor on behalf of the
 1877  applicant. If the department, court administrator, or clerk of
 1878  court is unable to conduct the background check, the supervised
 1879  visitation program may participate in the Volunteer and Employee
 1880  Criminal History System, as authorized by the National Child
 1881  Protection Act of 1993, as amended, and s. 943.0542, to obtain
 1882  criminal history information.
 1883         (d) The security background investigation must ensure that
 1884  a person is not hired as an employee or certified as a volunteer
 1885  if the person has an arrest awaiting final disposition for, has
 1886  been convicted of, regardless of adjudication, has entered a
 1887  plea of nolo contendere or guilty to, or has been adjudicated
 1888  delinquent and the record has not been sealed or expunged for,
 1889  any offense prohibited under s. 435.04(2).
 1890         (e) In analyzing and evaluating the information obtained in
 1891  the security background investigation, the program must give
 1892  particular emphasis to past activities involving children,
 1893  including, but not limited to, child-related criminal offenses
 1894  or child abuse. The program has sole discretion in determining
 1895  whether to hire or certify a person based on his or her security
 1896  background investigation.
 1897         (2) A person who is providing supervised visitation or
 1898  exchange monitoring services through a supervised visitation
 1899  program and who affirms to the court in writing that he or she
 1900  abides by the state standards described in s. 753.06 is
 1901  presumed, prima facie, to be acting in good faith. Such persons
 1902  acting in good faith are immune from civil and criminal
 1903  liability with regard to the provision of the services.
 1904         Section 31. This act shall take effect October 1, 2012.