Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 558
       
       
       
       
       
       
                                Ì435036!Î435036                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Grall)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 63.0427,
    6  Florida Statutes, to read:
    7         63.0427 Agreements for continued communication or contact
    8  between adopted child and siblings, parents, and other
    9  relatives; contracts for postadoption contact.—
   10         (3)(a)In lieu of, or in addition to, a postadoption
   11  communication or contact order under subsection (1), an adoptive
   12  parent and a biological parent, and the adopted child, if the
   13  adopted child is 12 years of age or older, may voluntarily enter
   14  into a written contract for postadoption contact that permits
   15  continued contact between a birth parent, siblings, and the
   16  adopted child until the child reaches 18 years of age. If the
   17  adopted child is 12 years of age or older, he or she must be a
   18  party to the contract and is deemed to have the capacity to
   19  enter into a contract for the purposes of this subsection.
   20         (b) A contract for postadoption contact may provide for
   21  privileges relating to the adopted child which include, but are
   22  not limited to, visitation with the child; communication and
   23  contact with the child, including, but not limited to, written
   24  correspondence and telephone calls; the sharing of information
   25  about the child; and the sharing of information about biological
   26  or adoptive parents.
   27         (c) A provision of a contract for postadoption contact is
   28  unenforceable if the provision:
   29         1. Permits contact between an adopted child and a person
   30  legally restrained from such contact; or
   31         2. Impairs the ability of the adoptive parents and child to
   32  change residence within or outside of this state.
   33         3.Objected to by the adopted child who is 12 years of age
   34  or older.
   35         (d) A contract for postadoption contact must include the
   36  following statements in at least 14-point boldface type:
   37         1. “Failure to follow the terms of this contract, or any
   38  amendment thereto, does not invalidate a final adoption order.”
   39         2. “A disagreement between the parties to, or any action
   40  brought to enforce, this contract may not serve as the basis for
   41  any action or order affecting the custody of the adopted child.”
   42         (e) If the contract states the parties intend that the
   43  contract shall be enforceable, the contract shall be filed with
   44  the court, approved by the court in the termination of parental
   45  rights and adoption proceedings in the best interest of the
   46  child, and incorporated into the final judgment terminating
   47  parental rights and final judgment of adoption as binding and
   48  enforceable. The continuing validity of the adoption is not
   49  contingent upon compliance with the terms of the contract. The
   50  court shall reserve jurisdiction for the purpose of enforcing
   51  the contract for postadoption contact.
   52         (f) A contract for postadoption contact may be modified or
   53  terminated upon the agreement of all parties to the contract. If
   54  there is a disagreement among such parties as to enforcement,
   55  modification, or termination of the contract, the contract may
   56  be enforced, modified, or terminated in the following manner:
   57         1. Any party to a contract for postadoption contact may
   58  seek the enforcement of the contract. An adoptive parent or
   59  child, but not a biological parent, may unilaterally seek to
   60  modify or terminate the contract. The party seeking enforcement,
   61  modification, or termination shall file a motion in the
   62  termination of parental rights proceeding and serve the motion
   63  on the other parties by the method designated in the contract.
   64         2.Within 45 days of the filing of a motion under this
   65  subsection, the court shall issue a case management order.
   66         3. In an action to enforce, modify, or terminate a contract
   67  for postadoption contact, the burden of proof is on the party
   68  seeking such enforcement, modification, or termination to show
   69  that such enforcement, modification, or termination is in the
   70  best interest of the child by a preponderance of the evidence.
   71  The best interests of the child must be the court’s primary
   72  consideration in determining whether to enforce, modify, or
   73  terminate the contract, but the good faith of each party, any
   74  change in circumstances since the execution of the contract, and
   75  the extent of each party’s compliance with the contract may also
   76  be considered, as well as any other evidence the court finds
   77  appropriate. The court shall issue an enforcement, modification,
   78  or termination order.
   79         (g) During any period of time in which the adoptive parents
   80  temporarily lose custody of the child, the contract for
   81  postadoption contact does not terminate but may not be enforced.
   82         (h) A contract for postadoption contact automatically
   83  terminates upon the adopted child reaching 18 years of age.
   84         Section 2. Paragraph (e) of subsection (5) of section
   85  63.102, Florida Statutes, is amended to read:
   86         63.102 Filing of petition for adoption or declaratory
   87  statement; venue; proceeding for approval of fees and costs.—
   88         (5) PRIOR APPROVAL OF FEES AND COSTS.—A proceeding for
   89  prior approval of fees and costs may be commenced any time after
   90  an agreement is reached between the birth mother and the
   91  adoptive parents by filing a petition for declaratory statement
   92  on the agreement entitled “In the Matter of the Proposed
   93  Adoption of a Minor Child” in the circuit court.
   94         (e) A declaratory statement as to the adoption contract,
   95  regardless of when filed, shall be consolidated with any related
   96  petition for adoption. The clerk of the court shall only assess
   97  one filing fee that includes the adoption action, the
   98  declaratory statement petition, and the petition for termination
   99  of parental rights, and any postadoption contract actions under
  100  s. 63.0427.
  101         Section 3. This act shall take effect January 1, 2026.
  102  
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete everything before the enacting clause
  106  and insert:
  107                        A bill to be entitled                      
  108         An act relating to contracts for postadoption contact;
  109         amending s. 63.0427, F.S.; defining the term “legal
  110         relative”; authorizing certain parties to enter into a
  111         written contract for postadoption contact that permits
  112         contact between an adopted child and his or her legal
  113         relatives; providing that certain contract provisions
  114         are unenforceable; requiring that a postadoption
  115         contract include certain statements; authorizing any
  116         party to such contract to file the contract with the
  117         court; requiring the court to make the contract a part
  118         of the final adoption order; providing that the
  119         continuing validity of the adoption is not contingent
  120         upon compliance with the terms of the contract;
  121         authorizing and providing requirements for
  122         enforcement, modification, or termination of the
  123         contract; prohibiting enforcement of the contract in
  124         certain circumstances; providing for automatic
  125         termination of the contract in certain circumstances;
  126         providing an effective date.
  127