Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 590
Ì958958mÎ958958
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/20/2016 .
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The Committee on Fiscal Policy (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Before line 18
4 insert:
5 Section 1. Subsections (1) and (49) of section 39.01,
6 Florida Statutes, are amended to read:
7 39.01 Definitions.—When used in this chapter, unless the
8 context otherwise requires:
9 (1) “Abandoned” or “abandonment” means a situation in which
10 the parent or legal custodian of a child or, in the absence of a
11 parent or legal custodian, the caregiver, while being able, has
12 made no significant contribution to the child’s care and
13 maintenance or has failed to establish or maintain a substantial
14 and positive relationship with the child, or both. For purposes
15 of this subsection, “establish or maintain a substantial and
16 positive relationship” includes, but is not limited to, frequent
17 and regular contact with the child through frequent and regular
18 visitation or frequent and regular communication to or with the
19 child, and the exercise of parental rights and responsibilities.
20 Marginal efforts and incidental or token visits or
21 communications are not sufficient to establish or maintain a
22 substantial and positive relationship with a child. A man’s
23 acknowledgement of paternity of the child does not limit the
24 period of time considered in determining whether the child was
25 abandoned. The term does not include a surrendered newborn
26 infant as described in s. 383.50, a “child in need of services”
27 as defined in chapter 984, or a “family in need of services” as
28 defined in chapter 984. The incarceration, repeated
29 incarceration, or extended incarceration of a parent, legal
30 custodian, or caregiver responsible for a child’s welfare may
31 support a finding of abandonment.
32 (49) “Parent” means a woman who gives birth to a child and
33 a man whose consent to the adoption of the child would be
34 required under s. 63.062(1). If a child has been legally
35 adopted, the term “parent” means the adoptive mother or father
36 of the child. The term does not include an individual whose
37 parental relationship to the child has been legally terminated,
38 or an alleged or prospective parent, unless the parental status
39 falls within the terms of s. 39.503(1) or s. 63.062(1). For
40 purposes of this chapter only, when the phrase “parent or legal
41 custodian” is used, it refers to rights or responsibilities of
42 the parent and, only if there is no living parent with intact
43 parental rights, to the rights or responsibilities of the legal
44 custodian who has assumed the role of the parent. The term does
45 not include an individual whose parental relationship to the
46 child has been legally terminated, or an alleged or prospective
47 parent, unless:
48 (a) The parental status falls within the terms of s.
49 39.503(1) or s. 63.062(1); or
50 (b) Parental status is applied for the purpose of
51 determining whether the child has been abandoned.
52
53 ================= T I T L E A M E N D M E N T ================
54 And the title is amended as follows:
55 Delete line 2
56 and insert:
57 An act relating to adoption; amending s. 39.01, F.S.;
58 redefining the terms “abandoned” or “abandonment” and
59 “parent”; amending s. 63.082, F.S.;