Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 774
       
       
       
       
       
       
                                Ì820270sÎ820270                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2018           .                                
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       The Committee on Children, Families, and Elder Affairs (Bean)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (n), (o), and (p) of subsection (1)
    6  of section 39.001, Florida Statutes, are redesignated as
    7  paragraphs (o), (p), and (q), respectively, and a new paragraph
    8  (n) is added to that subsection to read:
    9         39.001 Purposes and intent; personnel standards and
   10  screening.—
   11         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   12         (n)Whenever possible, to ensure that children have the
   13  benefit of loving and caring relationships with both of their
   14  parents. To that end, parents should be engaged to the fullest
   15  extent possible in the lives of their children and prospective
   16  parents should be afforded a prompt, full, and fair opportunity
   17  to establish a parental relationship with their children and
   18  assume all parental duties. A prospective parent who is an
   19  unmarried biological father has the same rights under this
   20  chapter as under chapter 63. Accordingly, his interest is
   21  inchoate until he demonstrates a timely and full commitment to
   22  the responsibilities of parenthood. Because time is of the
   23  essence under this chapter, and the time limitations belong to
   24  the child and not to the parent or to any prospective parent,
   25  prospective parents, including unmarried biological parents,
   26  must be aware that failure to comply with the specific
   27  requirements of this chapter may result in permanent elimination
   28  or termination of their rights or interests as actual or
   29  inchoate parents or prospective parents.
   30         Section 2. Subsection (50) of section 39.01, Florida
   31  Statutes, is amended, subsection (81) is renumbered as
   32  subsection (82), and a new subsection (81) is added to that
   33  section, to read:
   34         39.01 Definitions.—When used in this chapter, unless the
   35  context otherwise requires:
   36         (50) “Parent” means a woman who gives birth to a child and
   37  a man whose consent to the adoption of the child would be
   38  required under s. 63.062(1). The term “parent” also means legal
   39  father as defined in this section. If a child has been legally
   40  adopted, the term “parent” means the adoptive mother or father
   41  of the child. For purposes of this chapter only, when the phrase
   42  “parent or legal custodian” is used, it refers to rights or
   43  responsibilities of the parent and, only if there is no living
   44  parent with intact parental rights, to the rights or
   45  responsibilities of the legal custodian who has assumed the role
   46  of the parent. The term does not include an individual whose
   47  parental relationship to the child has been legally terminated,
   48  or an alleged or prospective parent, unless:
   49         (a)The parental status falls within the terms of s.
   50  39.503(1) or s. 63.062(1); or
   51         (b) parental status is applied for the purpose of
   52  determining whether the child has been abandoned.
   53         (81)“Unmarried biological father” means the child’s
   54  biological father who is not married to the child’s mother at
   55  the time of conception or on the date of the birth of the child
   56  and who, before the advisory hearing is held on a petition to
   57  terminate parental rights, has not been adjudicated or declared
   58  by a court of competent jurisdiction to be the legal father of
   59  the child or has not executed an affidavit pursuant to s.
   60  382.013(2)(c).
   61         Section 3. Paragraph (c) of subsection (8) of section
   62  39.402, Florida Statutes, is amended to read:
   63         39.402 Placement in a shelter.—
   64         (8)
   65         (c) At the shelter hearing, the court shall:
   66         1. Appoint a guardian ad litem to represent the best
   67  interest of the child, unless the court finds that such
   68  representation is unnecessary;
   69         2. Inform the parents or legal custodians of their right to
   70  counsel to represent them at the shelter hearing and at each
   71  subsequent hearing or proceeding, and the right of the parents
   72  to appointed counsel, pursuant to the procedures set forth in s.
   73  39.013;
   74         3. Give the parents or legal custodians an opportunity to
   75  be heard and to present evidence; and
   76         4. Inquire of those present at the shelter hearing as to
   77  the identity and location of the legal father. In determining
   78  who the legal father of the child may be, the court shall
   79  inquire under oath of those present at the shelter hearing
   80  whether they have any of the following information regarding the
   81  identity of any man:
   82         a.To whom the mother of the child was married at any time
   83  when conception of the child may have occurred or at the time of
   84  the birth of the child.
   85         b.Who has filed an affidavit of paternity pursuant to s.
   86  382.013(2)(c) before an advisory hearing is held on a petition
   87  for termination of parental rights.
   88         c.Who has adopted the child.
   89         d.Who has been adjudicated by a court of competent
   90  jurisdiction as the father of the child before an advisory
   91  hearing is held on a petition for termination of parental
   92  rights.
   93         e.Whom the mother identified as the father under oath to a
   94  representative of the department.
   95         a.Whether the mother of the child was married at the
   96  probable time of conception of the child or at the time of birth
   97  of the child.
   98         f.b.With whom Whether the mother was cohabiting with a
   99  male at the probable time of conception of the child.
  100         g.c.Who claims to be the father and from whom Whether the
  101  mother has received payments or promises of support with respect
  102  to the child or because of her pregnancy from a man who claims
  103  to be the father.
  104         h.d.Whom Whether the mother has named any man as the
  105  father on the birth certificate of the child or in connection
  106  with applying for or receiving public assistance.
  107         i.e.Who Whether any man has acknowledged or claimed
  108  paternity of the child in a jurisdiction in which the mother
  109  resided at the time of or since conception of the child or in
  110  which the child has resided or resides.
  111         j.f.Who Whether a man is named on the birth certificate of
  112  the child pursuant to s. 382.013(2).
  113         k.g.Who Whether a man has been determined by a court order
  114  to be the father of the child.
  115         l.h.Who Whether a man has been determined to be the father
  116  of the child by the Department of Revenue as provided in s.
  117  409.256.
  118         Section 4. Subsections (7) through (19) of section 39.502,
  119  Florida Statutes, are renumbered as subsections (8) through
  120  (20), respectively, subsection (1) and present subsection (9) of
  121  that section are amended, and a new subsection (7) is added to
  122  that section, to read:
  123         39.502 Notice, process, and service.—
  124         (1) Unless parental rights have been terminated, all
  125  parents must be notified of all proceedings or hearings
  126  involving the child. Notice in cases involving shelter hearings
  127  and hearings resulting from medical emergencies must be that
  128  most likely to result in actual notice to the parents. In all
  129  other dependency proceedings, notice must be provided in
  130  accordance with subsections (4)-(10) (4)-(9), except when a
  131  relative requests notification pursuant to s. 39.301(14)(b), in
  132  which case notice shall be provided pursuant to subsection (20)
  133  (19).
  134         (7)(a)If a child does not have a legal father, notice of
  135  the petition for dependency shall be personally served upon any
  136  known and locatable unmarried biological father who is
  137  identified under oath before the court or who is identified by a
  138  diligent search of the Florida Putative Father Registry. Service
  139  of the notice of the petition for dependency is not required if
  140  the unmarried biological father signs an affidavit of
  141  nonpaternity or a consent to termination of his parental rights
  142  and such affidavit or consent is accepted by the department. The
  143  recipient of the notice may waive service of process by
  144  executing a waiver and acknowledging receipt of the notice.
  145         (b)The notice of petition for dependency must specifically
  146  state that if the unmarried biological father desires to assert
  147  his parental rights to acquire standing to contest the
  148  dependency petition he must, within 30 days after service:
  149         1.File a claim of paternity with the Florida Putative
  150  Father Registry pursuant to instructions provided for submitting
  151  a claim of paternity form to the Office of Vital Statistics,
  152  including the address to which the claim must be sent.
  153         2.Legally establish his parental rights to the child
  154  pursuant to the laws of the state.
  155         3.File a verified response with the court which contains a
  156  pledge of commitment to the child, a request for the court to
  157  calculate and order child support, and an agreement to submit to
  158  the court’s jurisdiction.
  159         4.Provide support for the child as calculated by the court
  160  under s. 61.30.
  161         5.Seek to establish a substantial relationship with the
  162  child within the parameters established by court order. An
  163  unmarried biological father must develop a substantial
  164  relationship with the child by taking parental responsibility
  165  for the child and the child’s future; providing financial
  166  support to the child in accordance with his ability, if not
  167  prevented from doing so by the person or authorized agency
  168  having lawful custody of the child; and establishing or
  169  maintaining regular contact with the child in accordance with a
  170  written court order. An order for visitation or other contact
  171  may be entered by the court if the court determines that such
  172  contact will not endanger the safety, well-being, or physical,
  173  mental, or emotional health of the child. The court may consider
  174  the results of any home study in making such determination.
  175         (c)The court shall determine whether the unmarried
  176  biological father took the steps necessary to assert his
  177  parental rights to acquire standing to contest the dependency
  178  petition pursuant to paragraph (b) and, if not, the court shall
  179  enter a finding that the unmarried biological father is no
  180  longer a prospective parent or participant, may not contest the
  181  petition for dependency or any subsequent petition for
  182  termination of parental rights, and is no longer entitled to any
  183  further notice of proceedings regarding the child unless
  184  otherwise ordered by the court.
  185         (d)If an unmarried biological father is not identified
  186  pursuant to the inquiry under section 39.503, the unmarried
  187  biological father’s claim that he did not receive actual notice
  188  of the dependency proceeding is not a defense to a finding that
  189  the child is dependent.
  190         (10)(9) When an affidavit of diligent search has been filed
  191  under subsection (9) (8), the petitioner shall continue to
  192  search for and attempt to serve the person sought until excused
  193  from further search by the court. The petitioner shall report on
  194  the results of the search at each court hearing until the person
  195  is identified or located or further search is excused by the
  196  court.
  197         Section 5. Section 39.503, Florida Statutes, is amended to
  198  read:
  199         39.503 Identity or location of parent unknown; special
  200  procedures.—
  201         (1) If the identity or location of a parent is unknown and
  202  a petition for dependency or shelter is filed, the court shall
  203  conduct under oath the following inquiry of the parent or legal
  204  custodian who is available, or, if no parent or legal custodian
  205  is available, of any relative or custodian of the child who is
  206  present at the hearing and likely to have any of the following
  207  information regarding the identity of any man:
  208         (a)To whom the mother of the minor was married at any time
  209  when conception of the child may have occurred or at the time of
  210  the birth of the child.
  211         (b)Who has filed an affidavit of paternity pursuant to s.
  212  382.013(2)(c) before an advisory hearing is held on a petition
  213  for termination of parental rights.
  214         (c)Who has adopted the child.
  215         (d)Who has been adjudicated by a court of competent
  216  jurisdiction as the father of the child before an advisory
  217  hearing is held on a petition for termination of parental
  218  rights.
  219         (e)Whom the mother identified as the father under oath to
  220  a representative of the department.
  221         (a)Whether the mother of the child was married at the
  222  probable time of conception of the child or at the time of birth
  223  of the child.
  224         (f)(b)With whom Whether the mother was cohabiting with a
  225  male at the probable time of conception of the child.
  226         (g)(c)Who claims to be the father and from whom Whether
  227  the mother has received payments or promises of support with
  228  respect to the child or because of her pregnancy from a man who
  229  claims to be the father.
  230         (h)(d)Who Whether the mother has named any man as the
  231  father on the birth certificate of the child or in connection
  232  with applying for or receiving public assistance.
  233         (i)(e)Who Whether any man has acknowledged or claimed
  234  paternity of the child in a jurisdiction in which the mother
  235  resided at the time of or since conception of the child, or in
  236  which the child has resided or resides.
  237         (j)(f)Who Whether a man is named on the birth certificate
  238  of the child pursuant to s. 382.013(2).
  239         (k)(g)Who Whether a man has been determined by a court
  240  order to be the father of the child.
  241         (l)(h)Who Whether a man has been determined to be the
  242  father of the child by the Department of Revenue as provided in
  243  s. 409.256.
  244         (2) The information required under in subsection (1) may be
  245  supplied to the court or the department in the form of a sworn
  246  affidavit by a person having personal knowledge of the facts.
  247         (3) If the inquiry under subsection (1) identifies any
  248  person as a parent or prospective parent, the court shall
  249  require notice of the hearing to be provided to that person.
  250         (4) If the inquiry under subsection (1) fails to identify
  251  any person as a parent or prospective parent, the court shall so
  252  find and may proceed without further notice.
  253         (5) If the inquiry under subsection (1) identifies a parent
  254  or prospective parent, and that person’s location is unknown,
  255  the court shall direct the petitioner to conduct a diligent
  256  search for that person before scheduling a disposition hearing
  257  regarding the dependency of the child unless the court finds
  258  that the best interest of the child requires proceeding without
  259  notice to the person whose location is unknown.
  260         (6)If the inquiry under subsection (1) identifies an
  261  unmarried biological father or an unmarried biological father is
  262  identified by another means and is personally served with a
  263  petition for dependency but fails to assert his parental rights
  264  as specified in s. 39.502(7), the court shall so find and may
  265  proceed without further notice.
  266         (7)(6) The diligent search required by subsection (5) must
  267  include, at a minimum, inquiries of all relatives of the parent
  268  or prospective parent made known to the petitioner, inquiries of
  269  all offices of program areas of the department likely to have
  270  information about the parent or prospective parent, inquiries of
  271  other state and federal agencies likely to have information
  272  about the parent or prospective parent, inquiries of appropriate
  273  utility and postal providers, a thorough search of at least one
  274  electronic database specifically designed for locating persons,
  275  a search of the Florida Putative Father Registry, and inquiries
  276  of appropriate law enforcement agencies. Pursuant to s. 453 of
  277  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  278  as the state agency administering Titles IV-B and IV-E of the
  279  act, shall be provided access to the federal and state parent
  280  locator service for diligent search activities.
  281         (8)(7) Any agency contacted by a petitioner with a request
  282  for information pursuant to subsection (7) (6) shall release the
  283  requested information to the petitioner without the necessity of
  284  a subpoena or court order.
  285         (9)(a)(8) If the inquiry and diligent search identifies a
  286  prospective parent, that person must be given the opportunity to
  287  become a party to the proceedings by completing a sworn
  288  affidavit of parenthood and filing it with the court or the
  289  department. A prospective parent who files a sworn affidavit of
  290  parenthood while the child is a dependent child but no later
  291  than at the time of or before the adjudicatory hearing in any
  292  termination of parental rights proceeding for the child shall be
  293  considered a parent for all purposes under this section unless
  294  the other parent contests the determination of parenthood. If
  295  neither the known parent nor the prospective parent objects to a
  296  request to establish parentage under the laws of the state, the
  297  court may enter an agreed order, order the Office of Vital
  298  Statistics to amend the child’s birth certificate, and order the
  299  petitioning parent to pay support for the child.
  300         (b) If the known parent contests the recognition of the
  301  prospective parent as a parent, the prospective parent may not
  302  be recognized as a parent until proceedings to determine
  303  maternity or paternity under chapter 742 have been concluded.
  304  However, the prospective parent shall continue to receive notice
  305  of hearings as a participant pending results of the chapter 742
  306  proceedings to determine maternity or paternity. The dependency
  307  court may hear the chapter 742 proceeding and establish
  308  parentage in accordance with the procedures in that chapter,
  309  including entry of an order or judgment establishing parentage.
  310         (c)A prospective parent may only file a sworn affidavit of
  311  parenthood when the child does not have two legally recognized
  312  parents. If a child has two legally recognized parents, the
  313  prospective parent must seek to establish parentage pursuant to
  314  chapter 742.
  315         (d)Nothing in this subsection prevents the known parent
  316  and the prospective parent from agreeing to voluntarily submit
  317  to scientific testing to determine the maternity or paternity of
  318  the child if the child does not already have two legally
  319  recognized parents and the court determines it is in the child’s
  320  best interest.
  321         (e)Test results are admissible in evidence and shall be
  322  weighed along with other evidence of parentage unless the
  323  statistical probability of parentage equals or exceeds 95
  324  percent. A statistical probability of parentage that equals or
  325  exceeds 95 percent creates a rebuttable presumption, as
  326  described in s. 90.304, that the prospective parent is the
  327  biological parent of the child. If a party fails to rebut the
  328  presumption of parentage which arose from the statistical
  329  probability of parentage that equals or exceeds 95 percent, the
  330  court may enter a summary judgment of parentage. If the test
  331  results show the prospective parent is not the biological
  332  parent, the prospective parent is no longer considered a
  333  participant or entitled to notice of the proceedings.
  334         (f)The court shall assess the cost of the paternity
  335  determination as a cost of litigation.
  336         (10)(9) If the diligent search under subsection (5) fails
  337  to identify and locate a parent or prospective parent, the court
  338  shall so find and may proceed without further notice.
  339         Section 6. Subsection (3) of section 39.801, Florida
  340  Statutes, is amended to read:
  341         39.801 Procedures and jurisdiction; notice; service of
  342  process.—
  343         (3) Before the court may terminate parental rights, in
  344  addition to the other requirements set forth in this part, the
  345  following requirements must be met:
  346         (a) Notice of the date, time, and place of the advisory
  347  hearing for the petition to terminate parental rights and a copy
  348  of the petition must be personally served upon the following
  349  persons, specifically notifying them that a petition has been
  350  filed:
  351         1. The parents of the child.
  352         2. The legal custodians of the child.
  353         3. If the parents who would be entitled to notice are dead
  354  or unknown, a living relative of the child, unless upon diligent
  355  search and inquiry no such relative can be found.
  356         4. Any person who has physical custody of the child.
  357         5. Any grandparent entitled to priority for adoption under
  358  s. 63.0425.
  359         6. Any prospective parent who has been identified under s.
  360  39.503 or s. 39.803, unless a court order has been entered
  361  pursuant to s. 39.503(4), (6), or (10) or s. 39.803(4), (6), or
  362  (10) s. 39.503(4) or (9) or s. 39.803(4) or (9) which indicates
  363  no further notice is required. Except as otherwise provided in
  364  this section, if there is not a legal father, notice of the
  365  petition for termination of parental rights must be provided to
  366  any known prospective father who is identified under oath before
  367  the court or who is identified by a diligent search of the
  368  Florida Putative Father Registry. Service of the notice of the
  369  petition for termination of parental rights is not required if
  370  the prospective father executes an affidavit of nonpaternity or
  371  a consent to termination of his parental rights which is
  372  accepted by the court after notice and opportunity to be heard
  373  by all parties to address the best interests of the child in
  374  accepting such affidavit.
  375         7. The guardian ad litem for the child or the
  376  representative of the guardian ad litem program, if the program
  377  has been appointed.
  378  
  379  The document containing the notice to respond or appear must
  380  contain, in type at least as large as the type in the balance of
  381  the document, the following or substantially similar language:
  382  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
  383  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
  384  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
  385  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
  386  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
  387  NOTICE.”
  388         (b)If a child does not have a legal father, notice of the
  389  petition for termination of parental rights shall be personally
  390  served upon any known and locatable unmarried biological father
  391  who is identified under oath before the court or who is
  392  identified by a diligent search of the Florida Putative Father
  393  Registry. Service of the notice of the petition for termination
  394  of parental rights is not required if the unmarried biological
  395  father signs an affidavit of nonpaternity or a consent to
  396  termination of his parental rights and such affidavit or consent
  397  is accepted by the department. The recipient of the notice may
  398  waive service of process by executing a waiver and acknowledging
  399  receipt of the notice. The notice of petition for termination of
  400  parental rights must specifically state that if the unmarried
  401  biological father desires to assert his parental rights to
  402  acquire standing to contest the petition he must, within 30 days
  403  after service:
  404         1.File a claim of paternity with the Florida Putative
  405  Father Registry pursuant to instructions provided for submitting
  406  a claim of paternity form to the Office of Vital Statistics,
  407  including the address to which the claim must be sent.
  408         2.Legally establish his parental rights to the child
  409  pursuant to the laws of the state.
  410         3.File a verified response with the court which contains a
  411  pledge of commitment to the child, a request for the court to
  412  calculate and order child support, and an agreement to submit to
  413  the court’s jurisdiction.
  414         4.Provide support for the child as calculated by the court
  415  under s. 61.30.
  416         5.Seek to establish a substantial relationship with the
  417  child within the parameters established by court order. A father
  418  must develop a substantial relationship with the child by taking
  419  parental responsibility for the child and the child’s future;
  420  providing financial support to the child in accordance with his
  421  ability, if not prevented from doing so by the person or
  422  authorized agency having lawful custody of the child; and
  423  establishing or maintaining regular contact with the child in
  424  accordance with a written court order. An order for visitation
  425  or other contact may be entered by the court if the court
  426  determines that such contact will not endanger the safety, well
  427  being, and physical, mental, or emotional health of the child.
  428  The court may consider the results of any home study when making
  429  such determination.
  430         (c)The court shall determine whether the unmarried
  431  biological father took the steps necessary to assert his
  432  parental rights to acquire standing to contest the termination
  433  of parental rights petition pursuant to paragraph (b) and, if
  434  not, the court shall enter a finding that the unmarried
  435  biological father is no longer a prospective parent or
  436  participant, may not contest the petition for termination of
  437  parental rights, and is no longer entitled to any further notice
  438  of proceedings regarding the child unless otherwise ordered by
  439  the court.
  440         (d)If an unmarried biological father is not identified
  441  pursuant to the inquiry under section 39.803, the unmarried
  442  biological father’s claim that he did not receive actual notice
  443  of the termination proceeding is not a defense to the petition
  444  nor grounds that the proceeding is otherwise defective.
  445         (e)(b) If a party required to be served with notice as
  446  prescribed in paragraph (a) cannot be served, notice of hearings
  447  must be given as prescribed by the rules of civil procedure, and
  448  service of process must be made as specified by law or civil
  449  actions.
  450         (f)(c) Notice as prescribed by this section may be waived,
  451  in the discretion of the judge, with regard to any person to
  452  whom notice must be given under this subsection if the person
  453  executes, before two witnesses and a notary public or other
  454  officer authorized to take acknowledgments, a written surrender
  455  of the child to a licensed child-placing agency or the
  456  department.
  457         (g)(d) If the person served with notice under this section
  458  fails to personally appear at the advisory hearing, the failure
  459  to personally appear shall constitute consent for termination of
  460  parental rights by the person given notice. If a parent appears
  461  for the advisory hearing and the court orders that parent to
  462  personally appear at the adjudicatory hearing for the petition
  463  for termination of parental rights, stating the date, time, and
  464  location of said hearing, then failure of that parent to
  465  personally appear at the adjudicatory hearing shall constitute
  466  consent for termination of parental rights.
  467         Section 7. Section 39.803, Florida Statutes, is amended to
  468  read:
  469         39.803 Identity or location of parent unknown after filing
  470  of termination of parental rights petition; special procedures.—
  471         (1) If the identity or location of a parent is unknown and
  472  a petition for termination of parental rights is filed, the
  473  court shall conduct under oath the following inquiry of the
  474  parent who is available, or, if no parent is available, of any
  475  relative, caregiver, or legal custodian of the child who is
  476  present at the hearing and likely to have the information
  477  regarding the identity of any man:
  478         (a)To whom the mother of the child was married at any time
  479  when conception of the child may have occurred or at the time of
  480  the birth of the child.
  481         (b)Who has filed an affidavit of paternity pursuant to s.
  482  382.013(2)(c) before an advisory hearing is held on a petition
  483  for termination of parental rights.
  484         (c)Who has adopted the child before an advisory hearing is
  485  held on the petition for termination of parental rights.
  486         (d)Who has been adjudicated by a court as the father of
  487  the child before an advisory hearing is held on a petition for
  488  termination of parental rights.
  489         (e)Whom the mother identified as the father under oath to
  490  a representative of the department before an advisory hearing is
  491  held on the petition for termination of parental rights.
  492         (a)Whether the mother of the child was married at the
  493  probable time of conception of the child or at the time of birth
  494  of the child.
  495         (f)(b)With whom Whether the mother was cohabiting with a
  496  male at the probable time of conception of the child.
  497         (g)(c)Who claims to be the father and from whom Whether
  498  the mother has received payments or promises of support with
  499  respect to the child or because of her pregnancy from a man who
  500  claims to be the father.
  501         (h)(d)Who Whether the mother has named any man as the
  502  father on the birth certificate of the child or in connection
  503  with applying for or receiving public assistance before an
  504  advisory hearing is held on the petition for termination of
  505  parental rights.
  506         (i)(e)Who Whether any man has acknowledged or claimed
  507  paternity of the child in a jurisdiction in which the mother
  508  resided at the time of or since conception of the child, or in
  509  which the child has resided or resides before an advisory
  510  hearing is held on the petition for termination of parental
  511  rights.
  512         (j)(f)Who Whether a man is named on the birth certificate
  513  of the child pursuant to s. 382.013(2).
  514         (k)(g)Who Whether a man has been determined by a court
  515  order to be the father of the child.
  516         (l)(h)Who Whether a man has been determined to be the
  517  father of the child by the Department of Revenue as provided in
  518  s. 409.256.
  519         (2) The information required in subsection (1) may be
  520  supplied to the court or the department in the form of a sworn
  521  affidavit by a person having personal knowledge of the facts.
  522         (3) If the inquiry under subsection (1) identifies any
  523  person as a parent or prospective parent, the court shall
  524  require notice of the hearing to be provided to that person.
  525         (4) If the inquiry under subsection (1) fails to identify
  526  any person as a parent or prospective parent, the court shall so
  527  find and may proceed without further notice.
  528         (5) If the inquiry under subsection (1) identifies a parent
  529  or prospective parent, and that person’s location is unknown,
  530  the court shall direct the petitioner to conduct a diligent
  531  search for that person before scheduling an adjudicatory hearing
  532  regarding the petition for termination of parental rights to the
  533  child unless the court finds that the best interest of the child
  534  requires proceeding without actual notice to the person whose
  535  location is unknown.
  536         (6)If the inquiry under subsection (1) identifies an
  537  unmarried biological father or an unmarried biological father is
  538  identified by another means and is personally served with a
  539  petition for termination of parental rights but fails to assert
  540  his parental rights as specified in s. 39.801(3)(b), the court
  541  shall so find and may proceed without further notice.
  542         (7)(6) The diligent search required by subsection (5) must
  543  include, at a minimum, inquiries of all known relatives of the
  544  parent or prospective parent, inquiries of all offices of
  545  program areas of the department likely to have information about
  546  the parent or prospective parent, inquiries of other state and
  547  federal agencies likely to have information about the parent or
  548  prospective parent, inquiries of appropriate utility and postal
  549  providers, a thorough search of at least one electronic database
  550  specifically designed for locating persons, a search of the
  551  Florida Putative Father Registry, and inquiries of appropriate
  552  law enforcement agencies. Pursuant to s. 453 of the Social
  553  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
  554  state agency administering Titles IV-B and IV-E of the act,
  555  shall be provided access to the federal and state parent locator
  556  service for diligent search activities.
  557         (8)(7) Any agency contacted by petitioner with a request
  558  for information pursuant to subsection (7) (6) shall release the
  559  requested information to the petitioner without the necessity of
  560  a subpoena or court order.
  561         (9)(8) If the inquiry and diligent search identifies a
  562  prospective parent, that person must be given the opportunity to
  563  become a party to the proceedings by completing a sworn
  564  affidavit of parenthood and filing it with the court or the
  565  department. A prospective parent who files a sworn affidavit of
  566  parenthood while the child is a dependent child but no later
  567  than at the time of or before the adjudicatory hearing in the
  568  termination of parental rights proceeding for the child shall be
  569  considered a parent for all purposes under this section.
  570         (10)(9) If the diligent search under subsection (5) fails
  571  to identify and locate a prospective parent, the court shall so
  572  find and may proceed without further notice.
  573         Section 8. This act shall take effect October 1, 2018.
  574  
  575  ================= T I T L E  A M E N D M E N T ================
  576  And the title is amended as follows:
  577         Delete everything before the enacting clause
  578  and insert:
  579                        A bill to be entitled                      
  580         An act relating to dependency proceedings; amending s.
  581         39.001, F.S.; providing an additional purpose of ch.
  582         39, F.S.; amending s. 39.01, F.S.; revising the
  583         definition of the term “parent” and defining the term
  584         “unmarried biological father”; amending s. 39.402 and
  585         39.803, F.S.; revising the types of information
  586         relating to the identity and location of a child’s
  587         legal father that fall within the scope of a court
  588         inquiry at a shelter hearing or a hearing regarding a
  589         petition for termination of parental rights; amending
  590         s. 39.502, F.S.; providing for certain unmarried
  591         biological fathers to receive notice of dependency
  592         hearings under certain circumstances; amending ss.
  593         39.503, F.S.; revising the types of information
  594         relating to the identity and location of a child’s
  595         legal father that fall within the scope of a court
  596         inquiry at a dependency or shelter hearing; requiring
  597         a court to take certain actions if a person fails to
  598         assert parental rights; providing conditions for
  599         establishing paternity in a dependency proceeding;
  600         authorizing the court to order certain scientific
  601         testing to determine maternity or paternity of a
  602         child; providing for assessment of costs of
  603         litigation; amending s. 39.801, F.S.; requiring notice
  604         of a petition for termination of parental rights to be
  605         served on an unmarried biological father identified
  606         under oath or by a diligent search of the Florida
  607         Putative Father Registry under certain circumstances;
  608         providing conditions for contesting the petition;
  609         conforming cross-references; providing an effective
  610         date.