Florida Senate - 2014                                     SB 498
       
       
        
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       
       586-00798-14                                           2014498__
    1                        A bill to be entitled                      
    2         An act relating to adoptions; amending s. 63.142,
    3         F.S.; requiring that the court provide a petitioner
    4         with certain information related to postadoption
    5         services and informal change of custody; amending s.
    6         63.212, F.S.; removing the requirement that a
    7         violation of the section must be willful and with
    8         criminal intent in order for such violation to result
    9         in criminal liability; providing that a person other
   10         than an adoption entity who advertises or offers to
   11         the public that a child is available for adoption
   12         commits a felony of the third degree; amending s.
   13         409.175, F.S.; defining the term “intercountry
   14         adoption”; requiring any adoption entity that conducts
   15         intercountry adoptions to meet certain requirements;
   16         requiring such entity to maintain certain records;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (4) of section 63.142, Florida
   22  Statutes, is amended to read:
   23         63.142 Hearing; judgment of adoption.—
   24         (4) JUDGMENT.—At the conclusion of the hearing:,
   25         (a) After the court determines that the date for a parent
   26  to file an appeal of a valid judgment terminating that parent’s
   27  parental rights has passed and, pursuant to the Florida Rules of
   28  Appellate Procedure, no appeal, pursuant to the Florida Rules of
   29  Appellate Procedure, is pending and that the adoption is in the
   30  best interest of the person to be adopted, a judgment of
   31  adoption shall be entered. A judgment terminating parental
   32  rights pending adoption is voidable and any later judgment of
   33  adoption of that minor is voidable if, upon a parent’s motion
   34  for relief from judgment, the court finds that the adoption
   35  substantially fails to meet the requirements of this chapter.
   36  The motion must be filed within a reasonable time, but not later
   37  than 1 year after the date the judgment terminating parental
   38  rights was entered.
   39         (b) The court shall inform the petitioner that:
   40         1. Postadoption services are available if the petitioner
   41  experiences difficulty in caring for the child; and
   42         2. Making an informal change of custody to a person other
   43  than a relative without appropriate court action may be a
   44  violation of s. 63.212 and constitute a criminal act.
   45         Section 2. Subsection (8) of section 63.212, Florida
   46  Statutes, is amended to read:
   47         63.212 Prohibited acts; penalties for violation.—
   48         (8) Unless otherwise indicated, a person who willfully and
   49  with criminal intent violates any provision of this section,
   50  excluding paragraph (1)(g), commits a felony of the third
   51  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   52  775.084. In addition to the penalties specified in this section,
   53  A person who willfully and with criminal intent violates
   54  paragraph (1)(g) commits a misdemeanor of the second degree,
   55  punishable as provided in s. 775.083; and each day of continuing
   56  violation of paragraph (1)(g) is shall be considered a separate
   57  offense, punishable by a fine of up to $150 per day. In
   58  addition, any person who knowingly publishes or assists with the
   59  publication of any advertisement or other publication which
   60  violates the requirements of paragraph (1)(g) commits a
   61  misdemeanor of the second degree, punishable as provided in s.
   62  775.083, and may be required to pay a fine of up to $150 per day
   63  for each day of continuing violation.
   64         Section 3. Present subsection (17) of section 409.175,
   65  Florida Statutes, is renumbered as subsection (18), and a new
   66  subsection (17) is added to that section, to read:
   67         409.175 Licensure of family foster homes, residential
   68  child-caring agencies, and child-placing agencies; public
   69  records exemption.—
   70         (17)(a) As used in this subsection, the term “intercountry
   71  adoption” means the process by which a person:
   72         1. Adopts a child from a country other than his or her own
   73  country through permanent legal means; and
   74         2. Brings that child to his or her country of residence to
   75  live permanently.
   76         (b)An adoption entity as defined in s. 63.032 which
   77  conducts intercountry adoptions in this state must be
   78  accredited, approved, supervised or temporarily accredited by a
   79  United States Department of State designated accrediting entity
   80  for intercountry adoption services.
   81         (c)An adoption entity as defined in s. 63.032 which
   82  provides adoption services in this state for intercountry
   83  adoption, in either incoming or outgoing cases, must comply with
   84  all federal statutes and regulations pertaining to intercountry
   85  adoptions.
   86         (d)An adoption entity as defined in s. 63.032 in this
   87  state which provides intercountry adoption services for families
   88  residing in this state shall maintain a record that contains, at
   89  a minimum, the following:
   90         1. All available family and medical history of the birth
   91  family;
   92         2. All legal documents translated into English;
   93         3. All documents required for the child to attain United
   94  States citizenship; and
   95         4. All supervisory reports before and after the adoption.
   96         Section 4. This act shall take effect July 1, 2014.