Florida Senate - 2023                                    SB 1288
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00601A-23                                          20231288__
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.032, F.S.;
    3         revising the definitions of the terms “abandoned” and
    4         “parent”; amending s. 63.037, F.S.; exempting certain
    5         adoption proceedings from specified requirements if
    6         certain documentation is contained in the court’s
    7         file; making technical changes; amending s. 63.0423,
    8         F.S.; providing requirements for an adoption entity,
    9         rather than a licensed child-placing agency, relating
   10         to surrendered infants; requiring a certain finding by
   11         the court before a judgment terminating parental
   12         rights may be granted; amending s. 63.052, F.S.;
   13         providing when an adoption entity, rather than an
   14         intermediary, becomes the designated guardian of the
   15         person for a child; requiring a child to be placed
   16         with an intermediary, rather than with a relative,
   17         under certain circumstances; making technical changes;
   18         amending s. 63.062, F.S.; revising consent
   19         requirements for unmarried biological fathers;
   20         providing requirements for a notice of intended
   21         adoption plan and service of such notice on an
   22         unmarried biological father; revising the methods by
   23         which a notice of a petition to adopt an adult may be
   24         completed; providing construction; making technical
   25         changes; amending s. 63.082, F.S.; providing that a
   26         consent to adoption may identify a specific adoptive
   27         parent; providing that a parent’s identified or
   28         nonidentified consent is valid, binding, and
   29         enforceable; authorizing an adoption entity to
   30         intervene after the execution of consent and filing of
   31         a preliminary home study; revising the factors a court
   32         must consider in determining whether to transfer
   33         custody of a child; specifying persons who must be
   34         notified upon a revocation of consent; requiring the
   35         court to enter an order maintaining certain placement
   36         of the child under certain circumstances; providing
   37         that a denied petition to terminate parental rights
   38         may not be used in certain ways; providing that an
   39         identified or nonidentified consent may not be treated
   40         as a surrender of parental rights to the department or
   41         the court in the absence of the express written
   42         consent of the parent; making technical changes;
   43         amending s. 63.085, F.S.; revising the requirements of
   44         a certain required disclosure; requiring that a copy
   45         of certain documents be filed with the court; making
   46         technical changes; amending s. 63.087, F.S.; requiring
   47         the clerk of court to issue a separate case number for
   48         a petition for adoption and providing that such
   49         petition may not be maintained in a specified court
   50         file; authorizing a copy of a consent to adoption to
   51         be filed with a petition for termination of parental
   52         rights; revising and providing requirements for such
   53         petitions; making technical changes; amending s.
   54         63.089, F.S.; revising the factors a court must
   55         consider in determining a finding of abandonment;
   56         amending s. 63.122, F.S.; requiring that a certain
   57         notice of hearing be given as prescribed in the
   58         Florida Family Law Rules of Procedure; amending s.
   59         63.132, F.S.; specifying that certain fees are hourly
   60         fees; making technical changes; amending s. 63.212,
   61         F.S.; providing that a person contemplating adoption
   62         of a child may make specified payments to the mother
   63         of the child for a specified period of time regardless
   64         of whether the medical needs of the mother require
   65         such support; amending s. 39.812, F.S.; conforming a
   66         cross-reference; providing an effective date.
   67          
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Subsections (1) and (12) of section 63.032,
   71  Florida Statutes, are amended to read:
   72         63.032 Definitions.—As used in this chapter, the term:
   73         (1) “Abandoned” means a situation in which a the parent or
   74  a person having legal custody of a child, while being able,
   75  makes little or no provision for the child’s support or makes
   76  little or no effort to communicate with the child, which
   77  situation is sufficient to evince rejection of an intent to
   78  reject parental responsibilities. If, in the opinion of the
   79  court, the efforts of such parent or person having legal custody
   80  of the child to support and communicate with the child are only
   81  marginal efforts that do not evince a settled purpose to assume
   82  all parental duties, the court may declare the child to be
   83  abandoned. In making this decision, the court may consider the
   84  conduct of a father toward towards the child’s mother during her
   85  pregnancy.
   86         (12) “Parent” means a woman who gives birth to a child and
   87  who is not a gestational surrogate as defined in s. 742.13 or a
   88  man whose consent to the adoption of the child would be required
   89  under s. 63.062(1). If a child has been legally adopted, the
   90  term “parent” means the adoptive mother or father of the child.
   91  The term does not include an individual whose parental
   92  relationship to the child has been legally terminated, an
   93  unmarried biological father, or an alleged or prospective
   94  parent.
   95         Section 2. Section 63.037, Florida Statutes, is amended to
   96  read:
   97         63.037 Proceedings applicable to cases resulting from a
   98  termination of parental rights under chapter 39.—A case in which
   99  a child minor becomes available for adoption after the parental
  100  rights of each parent have been terminated by a judgment entered
  101  under pursuant to chapter 39 is shall be governed by s. 39.812
  102  and this chapter. Adoption proceedings initiated under chapter
  103  39 are exempt from the following provisions of this chapter:
  104  requirement for search of the Florida Putative Father Registry
  105  provided in s. 63.054(7), if a search was previously completed
  106  and documentation of the search is contained in the court’s case
  107  file maintained in the dependency proceeding; disclosure
  108  requirements for the adoption entity provided in s. 63.085(1);
  109  general provisions governing termination of parental rights
  110  pending adoption provided in s. 63.087; notice and service
  111  provisions governing termination of parental rights pending
  112  adoption provided in s. 63.088; and procedures for terminating
  113  parental rights pending adoption provided in s. 63.089.
  114         Section 3. Subsections (1) through (5) and (10) of section
  115  63.0423, Florida Statutes, are amended to read:
  116         63.0423 Procedures with respect to surrendered infants.—
  117         (1) Upon entry of final judgment terminating parental
  118  rights, an adoption entity a licensed child-placing agency that
  119  takes physical custody of an infant surrendered at a hospital,
  120  emergency medical services station, or fire station under
  121  pursuant to s. 383.50 assumes responsibility for the medical and
  122  other costs associated with the emergency services and care of
  123  the surrendered infant from the time the adoption entity
  124  licensed child-placing agency takes physical custody of the
  125  surrendered infant.
  126         (2) The adoption entity licensed child-placing agency shall
  127  immediately seek an order from the circuit court for emergency
  128  custody of the surrendered infant. The emergency custody order
  129  remains shall remain in effect until the court orders
  130  preliminary approval of placement of the surrendered infant in a
  131  the prospective adoptive home, at which time the prospective
  132  adoptive parent is the guardian of the surrendered infant
  133  parents become guardians pending termination of parental rights
  134  and finalization of adoption or until the court orders
  135  otherwise. The adoption entity may remove the surrendered infant
  136  from the guardianship of the prospective adoptive parent parents
  137  shall remain subject to the right of the licensed child-placing
  138  agency to remove the surrendered infant from the placement
  139  during the pendency of the proceedings if such removal is deemed
  140  by the adoption entity licensed child-placing agency to be in
  141  the best interests of the child and in accordance with s.
  142  63.052. The adoption entity licensed child-placing agency may
  143  immediately seek to place the surrendered infant in a
  144  prospective adoptive home.
  145         (3) The adoption entity licensed child-placing agency that
  146  takes physical custody of the surrendered infant shall, within
  147  24 hours thereafter, request assistance from law enforcement
  148  officials to investigate and determine, through the Missing
  149  Children Information Clearinghouse, the National Center for
  150  Missing and Exploited Children, and any other national and state
  151  resources, whether the surrendered infant is a missing child.
  152         (4) The parent who surrenders the infant in accordance with
  153  s. 383.50 is presumed to have consented to termination of
  154  parental rights, and express consent is not required. Unless
  155  Except when there is actual or suspected child abuse or neglect,
  156  the adoption entity may licensed child-placing agency shall not
  157  attempt to pursue, search for, or notify that parent as provided
  158  in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
  159  section, an infant who tests positive for illegal drugs,
  160  narcotic prescription drugs, alcohol, or other substances, but
  161  shows no other signs of child abuse or neglect, must shall be
  162  placed in the custody of an adoption entity a licensed child
  163  placing agency. Such a placement does not eliminate the
  164  reporting requirement under s. 383.50(7). When the department is
  165  contacted regarding an infant properly surrendered under this
  166  section and s. 383.50, the department shall provide instruction
  167  to contact an adoption entity a licensed child-placing agency
  168  and may not take custody of the infant unless reasonable efforts
  169  to contact an adoption entity a licensed child-placing agency to
  170  accept the infant have not been unsuccessful successful.
  171         (5) A petition for termination of parental rights under
  172  this section may not be filed until 30 days after the date the
  173  infant was surrendered in accordance with s. 383.50. The court
  174  may not grant a judgment terminating a petition for termination
  175  of parental rights may not be granted until the court finds that
  176  a parent has failed to reclaim or claim the surrendered infant
  177  within the time period specified in s. 383.50.
  178         (10) Except to the extent expressly provided in this
  179  section, proceedings initiated by an adoption entity a licensed
  180  child-placing agency for the termination of parental rights and
  181  subsequent adoption of a newborn infant left at a hospital,
  182  emergency medical services station, or fire station in
  183  accordance with s. 383.50 must shall be conducted under pursuant
  184  to this chapter.
  185         Section 4. Section 63.052, Florida Statutes, is amended to
  186  read:
  187         63.052 Guardians designated; proof of commitment.—
  188         (1)(a)Except as provided in paragraph (b), an adoption
  189  entity is the guardian of the person for a child who has minors
  190  who have been placed for adoption with an adoption entity, other
  191  than an intermediary, such adoption entity shall be the guardian
  192  of the person of the minor and has the responsibility and
  193  authority to provide for the needs and welfare of the child
  194  minor.
  195         (b)(2)An adoption entity is the guardian of the person for
  196  a child who has minors who have been voluntarily surrendered to
  197  an adoption entity intermediary through an execution of a
  198  consent to adoption, the intermediary shall be responsible for
  199  the minor until the time a court orders preliminary approval of
  200  placement of the child minor in a the prospective adoptive
  201  home., After such order, which time the prospective adoptive
  202  parent is the guardian of the person for the child parents shall
  203  become guardians pending finalization of adoption, subject to
  204  the adoption entity’s intermediary’s right and responsibility to
  205  remove the child from the prospective adoptive home if the
  206  removal is deemed by the adoption entity intermediary to be in
  207  the best interests of the child. The adoption entity
  208  intermediary may not remove the child without a court order
  209  unless the child is in danger of imminent harm. The adoption
  210  entity is not intermediary does not become responsible for the
  211  minor child’s medical bills that were incurred before taking
  212  physical custody of the child after the execution of adoption
  213  consents. Notwithstanding the guardianship provisions in this
  214  section, the requirements of s. 627.6578 relating to insurance
  215  coverage for adopted and foster children remain in effect Prior
  216  to the court’s entry of an order granting preliminary approval
  217  of the placement, the intermediary shall have the responsibility
  218  and authority to provide for the needs and welfare of the minor.
  219  A child minor may not be placed in a prospective adoptive home
  220  until that home has received a favorable preliminary home study,
  221  as provided in s. 63.092, completed and approved within 1 year
  222  before such placement in the prospective home. The provisions of
  223  s. 627.6578 shall remain in effect notwithstanding the
  224  guardianship provisions in this section.
  225         (2)(3) If a child minor is surrendered to an adoption
  226  entity for subsequent adoption and a suitable prospective
  227  adoptive home with a favorable home study as provided in s.
  228  63.092 is not available pursuant to s. 63.092 at the time the
  229  child minor is surrendered to the adoption entity, the child
  230  minor must be placed in a licensed foster care home, with a
  231  person or family that has received a favorable preliminary home
  232  study as required under paragraph (1)(b) pursuant to subsection
  233  (2), or with an intermediary a relative until a suitable
  234  prospective adoptive home is available.
  235         (3)(4) If a child minor is voluntarily surrendered to an
  236  adoption entity for subsequent adoption and the adoption does
  237  not become final within 180 days after termination of parental
  238  rights, the adoption entity must report to the court on the
  239  status of the child minor and the court may at that time proceed
  240  under s. 39.701 or take action reasonably necessary to protect
  241  the best interest of the child minor.
  242         (4)(5) The recital in a written consent, answer, or
  243  recommendation filed by an adoption entity that the child minor
  244  has been permanently committed to the adoption entity or that
  245  the adoption entity is duly licensed is shall be prima facie
  246  proof of such commitment. A consent for adoption signed by an
  247  adoption entity does not need to not comply with s. 63.082.
  248         (5)(6) Unless otherwise authorized by law or ordered by the
  249  court, the department is not responsible for expenses incurred
  250  by other adoption entities participating in a placement of a
  251  child minor.
  252         (6)(7) The court retains jurisdiction of a child minor who
  253  has been placed for adoption until the adoption is final. After
  254  a child minor is placed with an adoption entity or a prospective
  255  adoptive parent, the court may review the status of the child
  256  minor and the progress toward permanent adoptive placement.
  257         Section 5. Section 63.062, Florida Statutes, is amended to
  258  read:
  259         63.062 Persons required to consent to adoption; affidavit
  260  of nonpaternity; waiver of venue.—
  261         (1) Unless supported by one or more of the grounds
  262  enumerated under s. 63.089(3), a petition to terminate parental
  263  rights pending adoption may be granted only if written consent
  264  has been executed as provided in s. 63.082 after the birth of
  265  the child minor or notice has been served under s. 63.088 to:
  266         (a) The mother of the child minor.
  267         (b) The father of the child minor, if:
  268         1. The child minor was conceived or born while the father
  269  was married to the mother;
  270         2. The child minor is the father’s his child by adoption;
  271         3. The child minor has been adjudicated by the court to be
  272  the father’s his child before the date a petition for
  273  termination of parental rights is filed;
  274         4. The father He has filed an affidavit of paternity under
  275  pursuant to s. 382.013(2)(c) or he is listed on the child’s
  276  birth certificate before the date a petition for termination of
  277  parental rights is filed; or
  278         5. In the case of an unmarried biological father, he has
  279  acknowledged in writing, signed in the presence of a competent
  280  witness, that he is the father of the child minor, has filed
  281  such acknowledgment with the Office of Vital Statistics of the
  282  Department of Health within the required timeframes, and has
  283  strictly complied with the requirements of subsection (2).
  284  
  285  The status of the father must shall be determined at the time of
  286  the filing of the petition to terminate parental rights and may
  287  not be modified, except as otherwise provided in s.
  288  63.0423(9)(a), for purposes of his obligations and rights under
  289  this chapter by acts occurring after the filing of the petition
  290  to terminate parental rights.
  291         (c) The child minor, if 12 years of age or older, unless
  292  the court finds that it is not in the best interest of the child
  293  to require his or her minor dispenses with the minor’s consent.
  294         (d) Any person lawfully entitled to custody of the child
  295  minor if required by the court.
  296         (e) The court having jurisdiction to determine custody of
  297  the child minor, if the person having physical custody of the
  298  child minor does not have authority to consent to the adoption.
  299         (2) In accordance with subsection (1), the consent of an
  300  unmarried biological father is shall be necessary only if the
  301  unmarried biological father has complied with all of the
  302  requirements of this subsection.
  303         (a)1. With regard to a child who is placed with an adoptive
  304  parent parents more than 6 months after the child’s birth, an
  305  unmarried biological father must have developed a substantial
  306  relationship with the child, taken some measure of
  307  responsibility for the child and the child’s future, and
  308  demonstrated a full commitment to the responsibilities of
  309  parenthood by providing reasonable and regular financial support
  310  for the child’s educational, medical, and living expenses to the
  311  child in accordance with the unmarried biological father’s
  312  ability, if not prevented from doing so by the person or
  313  authorized agency having lawful custody of the child, and
  314  either:
  315         a. Regularly visited the child at least monthly, when
  316  physically and financially able to do so and when not prevented
  317  from doing so by the birth mother or the person or authorized
  318  agency having lawful custody of the child; or
  319         b. Maintained regular communication with the child or with
  320  the person or agency having the care or custody of the child,
  321  when physically or financially unable to visit the child or when
  322  not prevented from doing so by the birth mother or person or
  323  authorized agency having lawful custody of the child.
  324         2. An unmarried biological father who openly lived with the
  325  child for at least 6 months within the 1-year period following
  326  the birth of the child and immediately preceding placement of
  327  the child with an adoptive parent parents and who openly held
  328  himself out to be the father of the child during that period is
  329  shall be deemed to have developed a substantial relationship
  330  with the child and to have otherwise met the requirements of
  331  this paragraph.
  332         (b) With regard to a child who is 6 months of age or
  333  younger at the time the child is placed for adoption with the
  334  adoptive parents, an unmarried biological father must have
  335  demonstrated a full commitment to his parental responsibility by
  336  having performed all of the following acts within 30 days after
  337  receipt of service of the notice of intended adoption plan prior
  338  to the time the mother executes her consent for adoption:
  339         1. Filed a notarized claim of paternity form with the
  340  Florida Putative Father Registry within the Office of Vital
  341  Statistics of the Department of Health, which form must shall be
  342  maintained in the confidential registry established for that
  343  purpose and is shall be considered filed when the notice is
  344  entered in the registry of notices from unmarried biological
  345  fathers.
  346         2. Upon service of a notice of an intended adoption plan or
  347  a petition for termination of parental rights pending adoption,
  348  executed and Filed an affidavit or a verified response with the
  349  court in that proceeding stating that he is personally fully
  350  able and willing to take responsibility for the child, setting
  351  forth his plans for care of the child, and agreeing to a court
  352  order of child support and a contribution to the payment of
  353  living and medical expenses incurred for the mother’s pregnancy
  354  and the child’s birth in accordance with his ability to pay.
  355         3. If he had knowledge of the pregnancy, Paid a fair and
  356  reasonable amount toward of the living and medical expenses of
  357  the birth mother and the child incurred in connection with the
  358  mother’s pregnancy and the child’s birth, in accordance with the
  359  unmarried father’s his financial ability to pay, unless and when
  360  not prevented from doing so by the birth mother or person or
  361  authorized agency having lawful custody of the child. The
  362  responsibility of the unmarried biological father to provide
  363  financial assistance to the birth mother during her pregnancy
  364  and to the child after birth is not abated because support is
  365  being provided to the birth mother or child by the adoption
  366  entity, a prospective adoptive parent, or a third party, nor
  367  does it serve as a basis to excuse the birth father’s failure to
  368  provide support.
  369  
  370  Offers of support are insufficient to meet the requirements of
  371  this subsection.
  372         (c) The mere fact that a father expresses a desire to
  373  fulfill his responsibilities toward towards his child which is
  374  unsupported by acts evidencing this intent does not meet the
  375  requirements of this subsection section. An unmarried biological
  376  father who does not strictly comply with each of the conditions
  377  provided in this subsection is not considered a “parent” under
  378  this chapter and the court shall enter a judgment finding that
  379  the unmarried biological father has waived and surrendered any
  380  rights in relation to the child, including the right to notice
  381  of any judicial proceeding in connection with the adoption of
  382  the child, and his consent to the adoption of the child is not
  383  required and any claim he may have had to the child is barred.
  384  Upon the entry of the court order, the adoption entity has no
  385  further duties under this chapter with regard to the unmarried
  386  biological father.
  387         (d)The petitioner shall file with the court a certificate
  388  from the Office of Vital Statistics stating that a diligent
  389  search has been made of the Florida Putative Father Registry of
  390  notices from unmarried biological fathers described in
  391  subparagraph (b)1. and that no filing has been found pertaining
  392  to the father of the child in question or, if a filing is found,
  393  stating the name of the putative father and the time and date of
  394  filing. That certificate shall be filed with the court prior to
  395  the entry of a final judgment of termination of parental rights.
  396         (e)An unmarried biological father who does not comply with
  397  each of the conditions provided in this subsection is deemed to
  398  have waived and surrendered any rights in relation to the child,
  399  including the right to notice of any judicial proceeding in
  400  connection with the adoption of the child, and his consent to
  401  the adoption of the child is not required.
  402         (3) Pursuant to chapter 48, an adoption entity shall serve
  403  a notice of intended adoption plan upon any known and locatable
  404  unmarried biological father who is identified to the adoption
  405  entity by the mother by the date she signs her consent for
  406  adoption if the child is 6 months of age or less at the time the
  407  consent is executed. Service of the notice of intended adoption
  408  plan is not required when the unmarried biological father signs
  409  a consent for adoption or an affidavit of nonpaternity or when
  410  the child is more than 6 months of age at the time of the
  411  execution of the consent by the mother. The notice may be served
  412  at any time before the child’s birth or, after the child’s birth
  413  only if the mother identifies him to the adoption entity as a
  414  potential biological father by the date she executes a consent
  415  for adoption before placing the child in the adoptive home. The
  416  recipient of the notice may waive service of process by
  417  executing a waiver and acknowledging receipt of the plan.
  418         (a) The notice of intended adoption plan must specifically
  419  state that if the unmarried biological father desires to contest
  420  the adoption plan he must, within 30 days after service, file
  421  with the court a verified response that contains a pledge of
  422  commitment to the child in substantial compliance with
  423  subparagraph (2)(b)2., file and a claim of paternity form with
  424  the Office of Vital Statistics, and must provide to the adoption
  425  entity a fair and reasonable amount of support for the benefit
  426  of the birth mother and child with a copy of the verified
  427  response filed with the court and the claim of paternity form
  428  filed with the Office of Vital Statistics.
  429         (b) The notice must also include instructions for
  430  submitting a claim of paternity form to the Office of Vital
  431  Statistics and the address to which the claim must be sent.
  432         (c)The unmarried biological father must provide the
  433  adoption entity with a copy of the verified response filed with
  434  the court and the claim of paternity form filed with the Office
  435  of Vital Statistics If the party served with the notice of
  436  intended adoption plan is an entity whose consent is required,
  437  the notice must specifically state that the entity must file,
  438  within 30 days after service, a verified response setting forth
  439  a legal basis for contesting the intended adoption plan,
  440  specifically addressing the best interests of the child.
  441         (a)If the unmarried biological father or entity whose
  442  consent is required fails to timely and properly file a verified
  443  response with the court and, in the case of an unmarried
  444  biological father, a claim of paternity form with the Office of
  445  Vital Statistics, the court shall enter a default judgment
  446  against the unmarried biological father or entity and the
  447  consent of that unmarried biological father or entity shall no
  448  longer be required under this chapter and shall be deemed to
  449  have waived any claim of rights to the child. To avoid an entry
  450  of a default judgment, within 30 days after receipt of service
  451  of the notice of intended adoption plan:
  452         1.The unmarried biological father must:
  453         a.File a claim of paternity with the Florida Putative
  454  Father Registry maintained by the Office of Vital Statistics;
  455         b.File a verified response with the court which contains a
  456  pledge of commitment to the child in substantial compliance with
  457  subparagraph (2)(b)2.; and
  458         c.Provide support for the birth mother and the child.
  459         2.The entity whose consent is required must file a
  460  verified response setting forth a legal basis for contesting the
  461  intended adoption plan, specifically addressing the best
  462  interests of the child.
  463         (4)(b) If the mother identifies a potential unmarried
  464  biological father within the timeframes required by this section
  465  the statute, whose location is unknown, the adoption entity must
  466  shall conduct a diligent search under pursuant to s. 63.088. If,
  467  upon completion of a diligent search, the potential unmarried
  468  biological father’s location remains unknown and a search of the
  469  Florida Putative Father Registry fails to reveal a match, the
  470  adoption entity must shall request in the petition for
  471  termination of parental rights pending adoption that the court
  472  declare the diligent search to be in compliance with s. 63.088,
  473  that the adoption entity has no further obligation to provide
  474  notice to the potential unmarried biological father, and that
  475  the potential unmarried biological father’s consent to the
  476  adoption is not required.
  477         (5)(4) Any person whose consent is required under paragraph
  478  (1)(b), or any other man, may execute an irrevocable affidavit
  479  of nonpaternity in lieu of a consent under this section and by
  480  doing so waives notice to all court proceedings after the date
  481  of execution. An affidavit of nonpaternity must be executed as
  482  provided in s. 63.082. The affidavit of nonpaternity may be
  483  executed before prior to the birth of the child. The person
  484  executing the affidavit must receive disclosure under s. 63.085
  485  before prior to signing the affidavit. For purposes of this
  486  chapter, an affidavit of nonpaternity is sufficient if it
  487  contains a specific denial of parental obligations and does not
  488  need to deny the existence of a biological relationship.
  489         (6)(5) A person who signs a consent to adoption or an
  490  affidavit of nonpaternity must be given reasonable notice of his
  491  or her right to select a person who does not have an employment,
  492  professional, or personal relationship with the adoption entity
  493  or the prospective adoptive parent parents to be present when
  494  the consent to adoption or affidavit of nonpaternity is executed
  495  and to sign the consent or affidavit as a witness.
  496         (7)(6) The petitioner must make good faith and diligent
  497  efforts as provided under s. 63.088 to notify, and obtain
  498  written consent from, the persons required to consent to
  499  adoption under this section. The petitioner shall file with the
  500  court a certificate from the Office of Vital Statistics stating
  501  that a diligent search has been made of the Florida Putative
  502  Father Registry of notices from unmarried biological fathers
  503  described in subparagraph (2)(b)1. and that no filing has been
  504  found pertaining to the father of the child in question or, if a
  505  filing is found, stating the name of the putative father and the
  506  time and date of filing. That certificate must be filed with the
  507  court before the entry of a final judgment of termination of
  508  parental rights.
  509         (8)(7) If parental rights to the child minor have
  510  previously been terminated, the adoption entity with which the
  511  child minor has been placed for subsequent adoption may provide
  512  consent to the adoption. In such case, no other consent is
  513  required. The consent of the department is shall be waived upon
  514  a determination by the court that such consent is being
  515  unreasonably withheld and if the petitioner has filed with the
  516  court a favorable preliminary adoptive home study as required
  517  under s. 63.092.
  518         (9)(8) A petition to adopt an adult may be granted if:
  519         (a) Written consent to adoption has been executed by the
  520  adult and the adult’s spouse, if any, unless the spouse’s
  521  consent is waived by the court for good cause.
  522         (b) Written notice of the final hearing on the adoption has
  523  been provided to the parents, if any, by certified mail, or
  524  proof of service of process, or written waiver has been filed,
  525  showing notice has been served on the parents as provided in
  526  this chapter.
  527         (10)(a)(9) A petition for termination of parental rights
  528  must be filed in the appropriate county as determined under s.
  529  63.087(2). If a parent whose consent is required objects to
  530  venue in the county where the action was filed, the court may
  531  transfer venue to a proper venue consistent with this chapter
  532  and chapter 47 unless the objecting parent has previously
  533  executed a waiver of venue.
  534         (b)(10) The waiver of venue must be a separate document
  535  containing no consents, disclosures, or other information
  536  unrelated to venue.
  537         (11)This section does not preclude a claim for prebirth
  538  abandonment under ss. 63.082 and 63.089.
  539         Section 6. Subsection (2), paragraph (a) of subsection (3),
  540  paragraphs (a), (b), and (c) of subsection (4), paragraphs (a),
  541  (b), and (e) of subsection (6), and subsection (7) of section
  542  63.082, Florida Statutes, are amended to read:
  543         63.082 Execution of consent to adoption or affidavit of
  544  nonpaternity; family social and medical history; revocation of
  545  consent.—
  546         (2) A consent may name or otherwise identify a specific
  547  adoptive parent. A consent that does not name or otherwise
  548  identify the adoptive adopting parent is valid if the consent
  549  contains a statement by the person consenting that the consent
  550  was voluntarily executed and that identification of the adoptive
  551  adopting parent is not required for granting the consent.
  552         (3)(a) The department must provide a family social and
  553  medical history form to an adoption entity that intends to place
  554  a child for adoption. Forms containing, at a minimum, the same
  555  information as the forms promulgated by the department must be
  556  attached to the petition to terminate parental rights pending
  557  adoption and must contain biological and sociological
  558  information or information as to the family medical history
  559  regarding the child minor and the parents. This form is not
  560  required for adoptions of relatives, adult adoptions, or
  561  adoptions of stepchildren, unless parental rights are being or
  562  were terminated under pursuant to chapter 39. The information
  563  must be filed with the court in the termination of parental
  564  rights proceeding.
  565         (4)(a) An affidavit of nonpaternity may be executed before
  566  the birth of the child minor; however, the consent to an
  567  adoption may not be executed before the birth of the child minor
  568  except in a preplanned adoption under pursuant to s. 63.213.
  569         (b) A consent to the adoption of a child minor who is to be
  570  placed for adoption may be executed by the birth mother 48 hours
  571  after the child’s minor’s birth or the day the birth mother is
  572  notified in writing, either on her patient chart or in release
  573  paperwork, that she is fit to be released from the licensed
  574  hospital or birth center, whichever is earlier. A consent by any
  575  man may be executed at any time after the birth of the child.
  576  The consent is valid upon execution and may be withdrawn only if
  577  the court finds that it was obtained by fraud or duress.
  578         (c) If the child minor to be adopted is older than 6 months
  579  of age at the time of the execution of the consent, the consent
  580  to adoption is valid upon execution; however, it is subject to a
  581  revocation period of 3 business days.
  582         (6)(a) If a parent executes an identified consent or a
  583  nonidentified consent for adoption of a child minor with an
  584  adoption entity or a qualified prospective adoptive parent
  585  parents and the minor child is under the supervision of the
  586  department, or otherwise subject to the jurisdiction of the
  587  dependency court as a result of the entry of a shelter order, a
  588  dependency petition, or a petition for termination of parental
  589  rights pursuant to chapter 39, but parental rights have not yet
  590  been terminated, the adoption consent is valid, binding, and
  591  enforceable by the court.
  592         (b) Upon execution of the consent of the parent and filing
  593  of the preliminary home study as required in s. 63.092(3), the
  594  adoption entity may shall be permitted to intervene in the
  595  dependency case as a party of in interest and must provide the
  596  court that acquired jurisdiction over the child minor, pursuant
  597  to the shelter order or dependency petition filed by the
  598  department, a copy of the preliminary home study of the
  599  prospective adoptive parent parents and any other evidence of
  600  the suitability of the placement. The preliminary home study
  601  must be maintained with strictest confidentiality within the
  602  dependency court file and the department’s file. A preliminary
  603  home study must be provided to the court in all cases in which
  604  an adoption entity has intervened pursuant to this section.
  605  Unless the court has concerns regarding the qualifications of
  606  the home study provider, or concerns that the home study may not
  607  be adequate to determine the best interests of the child, the
  608  home study provided by the adoption entity shall be deemed to be
  609  sufficient and no additional home study needs to be performed by
  610  the department.
  611         (e) In determining whether the best interests of the child
  612  are served by transferring the custody of the minor child to the
  613  prospective adoptive parent selected by the parent or adoption
  614  entity, the court shall consider and weigh all relevant factors,
  615  including, but not limited to:
  616         1. The permanency offered;
  617         2. The established bonded relationship between the child
  618  and the current caregiver in any potential adoptive home in
  619  which the child has been residing;
  620         3. The stability of the potential adoptive home in which
  621  the child has been residing as well as the desirability of
  622  maintaining continuity of placement;
  623         4. The importance of maintaining sibling relationships, if
  624  possible;
  625         5. The reasonable preferences and wishes of the child, if
  626  the court deems the child to be of sufficient maturity,
  627  understanding, and experience to express a preference;
  628         6. Whether a petition for termination of parental rights
  629  has been filed pursuant to s. 39.806(1)(f), (g), or (h);
  630         7. The child’s particular needs and development What is
  631  best for the child; and
  632         8. The right of the parent to determine an appropriate
  633  placement for the child.
  634         (7) If a person is seeking to revoke consent for a child
  635  older than 6 months of age:
  636         (a) The person seeking to revoke consent must, in
  637  accordance with paragraph (4)(c), notify the adoption entity, or
  638  if there is not an adoption entity, the adoptive parent’s
  639  attorney, or the adoptive parent if he or she is unrepresented,
  640  in writing by certified mail, return receipt requested, within 3
  641  business days after execution of the consent. As used in this
  642  subsection, the term “business day” means any day on which the
  643  United States Postal Service accepts certified mail for
  644  delivery.
  645         (b) Upon receiving timely written notice from a person
  646  whose consent to adoption is required of that person’s desire to
  647  revoke consent, the adoption entity must contact the prospective
  648  adoptive parent to arrange a time certain for the adoption
  649  entity to regain physical custody of the child minor, unless,
  650  upon a motion for emergency hearing by the adoption entity, the
  651  court determines in written findings that placement of the child
  652  minor with the person who had legal or physical custody of the
  653  child immediately before the child was placed for adoption may
  654  endanger the child minor or that the person who desires to
  655  revoke consent is not required to consent to the adoption, has
  656  been determined to have abandoned the child, or is otherwise
  657  subject to a determination that the person’s consent is waived
  658  under this chapter.
  659         (c) If the court finds that the placement of the child with
  660  the person who had legal or physical custody of the child
  661  immediately before the child was placed for adoption may
  662  endanger the child minor, the court shall enter an order
  663  continuing the placement of the child minor with the prospective
  664  adoptive parent parents pending further proceedings if they
  665  desire continued placement. If the prospective adoptive parent
  666  does parents do not desire continued placement, the order must
  667  include, but is need not be limited to, a determination of
  668  whether temporary placement in foster care, with the person who
  669  had legal or physical custody of the child immediately before
  670  placing the child for adoption, or with a relative is in the
  671  best interests of the child and whether an investigation by the
  672  department is recommended.
  673         (d) If the person revoking consent claims to be the father
  674  of the child minor but has not been established to be the father
  675  by marriage, court order, or scientific testing, the court may
  676  order scientific paternity testing and reserve ruling on removal
  677  of the child minor until the results of such testing have been
  678  filed with the court.
  679         (e) The adoption entity must return the child minor within
  680  3 business days after timely and proper notification of the
  681  revocation of consent or after the court determines that
  682  revocation is timely and in accordance with the requirements of
  683  this chapter upon consideration of an emergency motion, as filed
  684  pursuant to paragraph (b), to the physical custody of the person
  685  revoking consent or the person directed by the court. If the
  686  person seeking to revoke consent claims to be the father of the
  687  child minor but has not been established to be the father by
  688  marriage, court order, or scientific testing, the adoption
  689  entity may return the child minor to the care and custody of the
  690  mother, if she desires such placement and she is not otherwise
  691  prohibited by law from having custody of the child.
  692         (f) Following the revocation period described in paragraph
  693  (a), consent may be set aside only when the court finds that the
  694  consent was obtained by fraud or duress.
  695         (g) An affidavit of nonpaternity may be set aside only if
  696  the court finds that the affidavit was obtained by fraud or
  697  duress.
  698         (h) If the consent of one parent is set aside or revoked in
  699  accordance with this chapter, or if a petition to terminate
  700  parental rights is denied, any other consents executed by the
  701  other parent or a third party whose consent is required for the
  702  adoption of the child may not be used by the parent whose
  703  consent was revoked or set aside to terminate or diminish the
  704  rights of the other parent or third party whose consent was
  705  required for the adoption of the child. An identified or
  706  nonidentified consent executed under s. 63.082 may not be
  707  treated as a surrender of parental rights to the department or
  708  the court in a dependency proceeding without the express written
  709  consent of that parent.
  710         Section 7. Subsections (1) and (3) of section 63.085,
  711  Florida Statutes, are amended to read:
  712         63.085 Disclosure by adoption entity.—
  713         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
  714  PARENTS.—Within 14 days after a person seeking to adopt a child
  715  minor or a person seeking to place a child minor for adoption
  716  contacts an adoption entity in person or provides the adoption
  717  entity with a mailing address, the entity must provide a written
  718  disclosure statement to that person if the entity agrees or
  719  continues to work with the person. The adoption entity shall
  720  also provide the written disclosure to the parent who did not
  721  initiate contact with the adoption entity within 14 days after
  722  that parent is identified and located. For purposes of providing
  723  the written disclosure, a person is considered to be seeking to
  724  place a child minor for adoption if that person has sought
  725  information or advice from the adoption entity regarding the
  726  option of adoptive placement. If the adoption entity agrees or
  727  continues to work with the person, the adoption entity must also
  728  provide the written disclosure to the person who did not
  729  initiate contact with the adoption entity within 14 days after
  730  such person is identified and located. The written disclosure
  731  statement must be in substantially the following form:
  732  
  733                         ADOPTION DISCLOSURE                       
  734  
  735         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
  736         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A CHILD
  737         MINOR OR SEEKING TO PLACE A CHILD MINOR FOR ADOPTION,
  738         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
  739         ADOPTION UNDER FLORIDA LAW:
  740  
  741         1. The name, address, and telephone number of the
  742         adoption entity providing this disclosure is:
  743         Name:....................................................
  744         Address:.................................................
  745         Telephone Number:........................................
  746  
  747         2. The adoption entity does not provide legal
  748         representation or advice to parents or anyone signing
  749         a consent for adoption or affidavit of nonpaternity,
  750         and parents have the right to consult with an attorney
  751         of their own choosing to advise them.
  752         3. With the exception of an adoption by a
  753         stepparent or relative, a child cannot be placed into
  754         a prospective adoptive home unless the prospective
  755         adoptive parent has parents have received a favorable
  756         preliminary home study, including criminal and child
  757         abuse clearances.
  758         4. A valid consent for adoption may not be signed
  759         by the birth mother until 48 hours after the birth of
  760         the child, or the day the birth mother is notified, in
  761         writing, that she is fit for discharge from the
  762         licensed hospital or birth center. Any man may sign a
  763         valid consent for adoption at any time after the birth
  764         of the child.
  765         5. A consent for adoption signed when before the
  766         child is attains the age of 6 months of age or younger
  767         is binding and irrevocable from the moment it is
  768         signed unless it can be proven in court that the
  769         consent was obtained by fraud or duress. A consent for
  770         adoption signed after the child attains the age of 6
  771         months is valid from the moment it is signed; however,
  772         it may be revoked up to 3 business days after it was
  773         signed.
  774         6. A consent for adoption is not valid if the
  775         signature of the person who signed the consent was
  776         obtained by fraud or duress.
  777         7. An unmarried biological father must act
  778         immediately in order to protect his parental rights.
  779         Section 63.062, Florida Statutes, prescribes that any
  780         father seeking to establish his right to consent to
  781         the adoption of his child must file a claim of
  782         paternity with the Florida Putative Father Registry
  783         maintained by the Office of Vital Statistics of the
  784         Department of Health before by the date a petition to
  785         terminate parental rights is filed with the court, or
  786         within 30 days after receiving service of a Notice of
  787         Intended Adoption Plan. If he receives a Notice of
  788         Intended Adoption Plan, he must file a claim of
  789         paternity with the Florida Putative Father Registry,
  790         file a parenting plan with the court, and provide
  791         financial support to the mother or child within 30
  792         days after following service. An unmarried biological
  793         father’s failure to timely respond to a Notice of
  794         Intended Adoption Plan constitutes an irrevocable
  795         legal waiver of any and all rights that the father may
  796         have to the child. A claim of paternity registration
  797         form for the Florida Putative Father Registry may be
  798         obtained from any local office of the Department of
  799         Health, Office of Vital Statistics, the Department of
  800         Children and Families, the Internet websites for these
  801         agencies, and the offices of the clerks of the Florida
  802         circuit courts. The claim of paternity form must be
  803         submitted to the Office of Vital Statistics,
  804         Attention: Adoption Unit, P.O. Box 210, Jacksonville,
  805         FL 32231.
  806         8. There are alternatives to adoption, including
  807         foster care, relative care, and parenting the child.
  808         There may be services and sources of financial
  809         assistance in the community available to parents if
  810         they choose to parent the child.
  811         9. A parent has the right to have a witness of
  812         his or her choice, who is unconnected with the
  813         adoption entity or the adoptive parent parents, to be
  814         present and witness the signing of the consent or
  815         affidavit of nonpaternity.
  816         10. A parent 14 years of age or younger must have
  817         a parent, legal guardian, or court-appointed guardian
  818         ad litem to assist and advise the parent as to the
  819         adoption plan and to witness consent.
  820         11. A parent has a right to receive supportive
  821         counseling from a counselor, social worker, physician,
  822         clergy, or attorney.
  823         12. The payment of living or medical expenses by
  824         the prospective adoptive parent or the adoption entity
  825         parents before the birth of the child does not, in any
  826         way, obligate the parent to sign the consent to for
  827         adoption.
  828  
  829         (3) ACKNOWLEDGMENT OF DISCLOSURE.—The adoption entity must
  830  obtain a written statement acknowledging receipt of the
  831  disclosures required under this section and signed by the
  832  persons receiving the disclosure or, if it is not possible to
  833  obtain such an acknowledgment, the adoption entity must execute
  834  an affidavit stating why an acknowledgment could not be
  835  obtained. If the disclosure was delivered by certified mail,
  836  return receipt requested, a return receipt signed by the person
  837  from whom acknowledgment is required is sufficient to meet the
  838  requirements of this subsection. A copy of the acknowledgment of
  839  receipt of the disclosure must be provided to the person signing
  840  it. A copy of the acknowledgment or affidavit executed by the
  841  adoption entity in lieu of the acknowledgment must be maintained
  842  in the file of the adoption entity and. The original
  843  acknowledgment or affidavit must be filed with the court.
  844         Section 8. Subsection (3) and paragraphs (b) and (e) of
  845  subsection (4) of section 63.087, Florida Statutes, are amended
  846  to read:
  847         63.087 Proceeding to terminate parental rights pending
  848  adoption; general provisions.—
  849         (3) PREREQUISITE FOR ADOPTION.—A petition for adoption may
  850  not be filed until after the date the court enters the judgment
  851  terminating parental rights pending adoption. The clerk of the
  852  court shall issue a separate case number and maintain a separate
  853  court file for a petition for adoption. A petition for adoption
  854  may not be maintained in the same court file as the proceeding
  855  to terminate parental rights. Adoptions of relatives, adult
  856  adoptions, or adoptions of stepchildren are not required to file
  857  a separate termination of parental rights proceeding pending
  858  adoption. In such cases, the petitioner may file a joint
  859  petition for termination of parental rights and adoption,
  860  attaching all required consents, affidavits, notices, and
  861  acknowledgments. Unless otherwise provided by law, this chapter
  862  applies to joint petitions.
  863         (4) PETITION.—
  864         (b) The petition may be filed by a parent or person having
  865  physical custody of the child minor. The petition may be filed
  866  by an adoption entity only if a parent or person having physical
  867  or legal custody who has executed a consent to adoption under
  868  pursuant to s. 63.082 also consents in writing to the adoption
  869  entity filing the petition. A copy The original of such consent
  870  must be filed with the petition.
  871         (e) The petition must include:
  872         1. The child’s minor’s name, gender, date of birth, and
  873  place of birth. The petition must contain all names by which the
  874  child minor is or has been known, excluding the child’s minor’s
  875  prospective adoptive name but including the child’s minor’s
  876  legal name at the time of the filing of the petition. In the
  877  case of an infant child whose adoptive name appears on the
  878  original birth certificate, the adoptive name shall not be
  879  included in the petition, nor shall it be included elsewhere in
  880  the termination of parental rights proceeding.
  881         2. All information required by the Uniform Child Custody
  882  Jurisdiction and Enforcement Act and the Indian Child Welfare
  883  Act.
  884         3. A statement of the grounds under s. 63.089 upon which
  885  the petition is based.
  886         4. The name, address, and telephone number of any adoption
  887  entity seeking to place the child minor for adoption.
  888         5. The name, address, and telephone number of the division
  889  of the circuit court in which the petition is to be filed.
  890         6. A certification that the petitioner will comply of
  891  compliance with the requirements of s. 63.0425 regarding notice
  892  to grandparents of an impending adoption.
  893         7.A copy of the original birth certificate of the child,
  894  attached to the petition or filed with the court before the
  895  final hearing on the petition to terminate parental rights.
  896         Section 9. Paragraph (b) of subsection (2) and subsection
  897  (4) of section 63.089, Florida Statutes, are amended to read:
  898         63.089 Proceeding to terminate parental rights pending
  899  adoption; hearing; grounds; dismissal of petition; judgment.—
  900         (2) HEARING PREREQUISITES.—The court may hold the hearing
  901  only when:
  902         (b) For each notice and petition that must be served under
  903  ss. 63.087 and 63.088:
  904         1. At least 20 days have elapsed since the date of personal
  905  service and an affidavit of service has been filed with the
  906  court;
  907         2. At least 30 days have elapsed since the first date of
  908  publication of constructive service and an affidavit of service
  909  has been filed with the court; or
  910         3. An affidavit of nonpaternity, consent to for adoption,
  911  or other document that affirmatively waives service and notice
  912  of the hearing has been executed and filed with the court.
  913         (4) FINDING OF ABANDONMENT.—A finding of abandonment
  914  resulting in a termination of parental rights must be based upon
  915  clear and convincing evidence that a parent or person having
  916  legal custody has abandoned the child in accordance with the
  917  definition of abandoned contained in s. 63.032. A finding of
  918  abandonment may also be based upon emotional abuse; on or a
  919  failure refusal to provide reasonable financial support, when
  920  able, to a birth mother during her pregnancy or to the child
  921  after his or her birth; or on whether the person alleged to have
  922  abandoned the child, while being able, failed to establish
  923  contact with the child or accept responsibility for the child’s
  924  welfare.
  925         (a) In making a determination of abandonment at a hearing
  926  for termination of parental rights under this chapter, the court
  927  shall consider, among other relevant factors not inconsistent
  928  with this section, all of the following:
  929         1. Whether the actions alleged to constitute abandonment
  930  demonstrate a willful disregard for the safety or welfare of the
  931  child or the unborn child.;
  932         2. Whether the person alleged to have abandoned the child,
  933  while being able, failed to provide financial support.;
  934         3. Whether the person alleged to have abandoned the child,
  935  while being able, failed to pay for medical treatment.; and
  936         4. Whether the amount of support provided or medical
  937  expenses paid was appropriate, taking into consideration the
  938  needs of the child and relative means and resources available to
  939  the person alleged to have abandoned the child.
  940         (b) The child has been abandoned when the parent of a child
  941  is or was incarcerated on or after October 1, 2001, in a
  942  federal, state, or county correctional institution and:
  943         1. The period of time for which the parent has been or is
  944  expected to be incarcerated will constitute a significant
  945  portion of the child’s minority. In determining whether the
  946  period of time is significant, the court shall consider the
  947  child’s age and the child’s need for a permanent and stable
  948  home. The period of time begins on the date that the parent
  949  enters into incarceration;
  950         2. The incarcerated parent has been determined by a court
  951  of competent jurisdiction to be a violent career criminal as
  952  defined in s. 775.084, a habitual violent felony offender as
  953  defined in s. 775.084, convicted of child abuse as defined in s.
  954  827.03, or a sexual predator as defined in s. 775.21; has been
  955  convicted of first degree or second degree murder in violation
  956  of s. 782.04 or a sexual battery that constitutes a capital,
  957  life, or first degree felony violation of s. 794.011; or has
  958  been convicted of a substantially similar offense in another
  959  jurisdiction. As used in this section, the term “substantially
  960  similar offense” means any offense that is substantially similar
  961  in elements and penalties to one of those listed in this
  962  subparagraph, and that is in violation of a law of any other
  963  jurisdiction, whether that of another state, the District of
  964  Columbia, the United States or any possession or territory
  965  thereof, or any foreign jurisdiction; or
  966         3. The court determines by clear and convincing evidence
  967  that continuing the parental relationship with the incarcerated
  968  parent would be harmful to the child and, for this reason,
  969  termination of the parental rights of the incarcerated parent is
  970  in the best interests of the child.
  971         Section 10. Subsection (2) of section 63.122, Florida
  972  Statutes, is amended to read:
  973         63.122 Notice of hearing on petition.—
  974         (2) Notice of hearing must be given as prescribed by the
  975  Florida Family Law Rules of Civil Procedure, and service of
  976  process must be made as specified by law for civil actions.
  977         Section 11. Subsections (1) and (3) of section 63.132,
  978  Florida Statutes, are amended to read:
  979         63.132 Affidavit of expenses and receipts.—
  980         (1) Before the hearing on the petition for adoption, the
  981  prospective adoptive parent and any adoption entity must file
  982  two copies of an affidavit under this section.
  983         (a) The affidavit must be signed by the adoption entity and
  984  the prospective adoptive parent parents. A copy of the affidavit
  985  must be provided to the adoptive parent parents at the time the
  986  affidavit is executed.
  987         (b) The affidavit must itemize all disbursements and
  988  receipts of anything of value, including professional and legal
  989  fees, made or agreed to be made by or on behalf of the
  990  prospective adoptive parent and any adoption entity in
  991  connection with the adoption or in connection with any prior
  992  proceeding to terminate parental rights which involved the child
  993  minor who is the subject of the petition for adoption. The
  994  affidavit must also include, for each hourly legal or counseling
  995  fee itemized, the service provided for which the hourly fee is
  996  being charged, the date the service was provided, the time
  997  required to provide the service if the service was charged by
  998  the hour, the person or entity that provided the service, and
  999  the hourly fee charged.
 1000         (c) The affidavit must show any expenses or receipts
 1001  incurred in connection with:
 1002         1. The birth of the child minor.
 1003         2. The placement of the child minor with the petitioner.
 1004         3. The medical or hospital care received by the mother or
 1005  by the child minor during the mother’s prenatal care and
 1006  confinement.
 1007         4. The living expenses of the birth mother. The living
 1008  expenses must be itemized in detail to apprise the court of the
 1009  exact expenses incurred.
 1010         5. The services relating to the adoption or to the
 1011  placement of the child minor for adoption that were received by
 1012  or on behalf of the petitioner, the adoption entity, either
 1013  parent, the child minor, or any other person.
 1014  
 1015  The affidavit must state whether any of these expenses were paid
 1016  for by collateral sources, including, but not limited to, health
 1017  insurance, Medicaid, Medicare, or public assistance.
 1018         (3) The court must issue a separate order approving or
 1019  disapproving the fees, costs, and expenses itemized in the
 1020  affidavit. The court may approve only fees, costs, and
 1021  expenditures allowed under s. 63.097. The court may reject in
 1022  whole or in part any fee, cost, or expenditure listed if the
 1023  court finds that the expense is any of the following:
 1024         (a) Contrary to this chapter.;
 1025         (b) Not supported by a receipt, if requested in the record,
 1026  if the expense is not a fee of the adoption entity.; or
 1027         (c) Not a reasonable fee or expense, considering the
 1028  requirements of this chapter and the totality of the
 1029  circumstances.
 1030         Section 12. Paragraph (c) of subsection (1) of section
 1031  63.212, Florida Statutes, is amended to read:
 1032         63.212 Prohibited acts; penalties for violation.—
 1033         (1) It is unlawful for any person:
 1034         (c) To sell or surrender, or to arrange for the sale or
 1035  surrender of, a child minor to another person for money or
 1036  anything of value or to receive such minor child for such
 1037  payment or thing of value. If a child minor is being adopted by
 1038  a relative or by a stepparent, or is being adopted through an
 1039  adoption entity, this paragraph does not prohibit the person who
 1040  is contemplating adopting the child from paying, under ss.
 1041  63.097 and 63.132, the actual prenatal care and living expenses
 1042  of the mother of the child to be adopted, or from paying, under
 1043  ss. 63.097 and 63.132, the actual living and medical expenses of
 1044  such mother for a reasonable time, not to exceed 6 weeks, if
 1045  medical needs require such support, after the birth of the child
 1046  minor.
 1047         Section 13. Subsection (5) of section 39.812, Florida
 1048  Statutes, is amended to read:
 1049         39.812 Postdisposition relief; petition for adoption.—
 1050         (5) The petition for adoption must be filed in the division
 1051  of the circuit court which entered the judgment terminating
 1052  parental rights, unless a motion for change of venue is granted
 1053  pursuant to s. 47.122. A copy of the consent executed by the
 1054  department must be attached to the petition, unless waived
 1055  pursuant to s. 63.062(8) s. 63.062(7). The petition must be
 1056  accompanied by a statement, signed by the prospective adoptive
 1057  parent parents, acknowledging receipt of all information
 1058  required to be disclosed under s. 63.085 and a form provided by
 1059  the department which details the social and medical history of
 1060  the child and each parent and includes the social security
 1061  number and date of birth for each parent, if such information is
 1062  available or readily obtainable. The prospective adoptive parent
 1063  parents may not file a petition for adoption until the judgment
 1064  terminating parental rights becomes final. An adoption
 1065  proceeding under this subsection is governed by chapter 63.
 1066         Section 14. This act shall take effect July 1, 2023.