Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1486
       
       
       
       
       
       
                                Ì849148HÎ849148                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2024           .                                
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       The Appropriations Committee on Health and Human Services
       (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 693 - 815
    4  and insert:
    5         Section 14. Subsections (1), (3), (4), and (5) of section
    6  63.097, Florida Statutes, are amended, and subsection (7) is
    7  added to that section, to read:
    8         63.097 Fees.—
    9         (1) When the adoption entity is an agency, fees may be
   10  assessed if such fees they are approved by the department within
   11  the process of licensing the agency and if such fees they are
   12  for:
   13         (a) Foster care expenses;
   14         (b) Preplacement and postplacement social services; and
   15         (c) Agency facility and administrative costs.
   16         (3) The court must issue an order pursuant to s. 63.132(3)
   17  when Approval of the court is not required until the total of
   18  amounts permitted under subsection (2) exceeds:
   19         (a) $5,000 in legal or other professional fees;
   20         (b) $800 in court costs; or
   21         (c) $5,000 in reasonable and necessary living and medical
   22  expenses.
   23         (4) Any fees, costs, or expenses not included in subsection
   24  (2) or prohibited under subsection (5) require court approval
   25  and entry of an order pursuant to s. 63.132(3) before prior to
   26  payment and must be based on a finding of extraordinary
   27  circumstances.
   28         (5) The following fees, costs, and expenses are prohibited:
   29         (a) Any fee or expense that constitutes payment for
   30  locating a minor for adoption.
   31         (b) Any payment which is not itemized and documented on the
   32  affidavit filed under s. 63.132.
   33         (c) Any fee on the affidavit which is not a fee of the
   34  adoption entity, is not supported by a receipt, and does not
   35  specify the service that was provided and for which the fee is
   36  being charged, such as a fee for facilitation, acquisition, or
   37  other similar service, or which does not identify the date the
   38  service was provided, the time required to provide the service,
   39  the person or entity providing the service, and the hourly fee
   40  charged.
   41         (7)Beginning January 1, 2025, an adoption entity shall
   42  report quarterly to the department information related to the
   43  age, race, ethnicity, sex, and county of birth of the adopted
   44  child and the county of residence of the adoptive family for
   45  each finalized adoption. The department shall also report for
   46  each adoption the fees, costs, and expenses that were assessed
   47  by the adoption entity or paid by the adoption entity on behalf
   48  of the prospective adoptive parents, itemized by the categories
   49  enumerated in subsection (2), and any fees, costs, and expenses
   50  approved by the court under subsection (4). The confidentiality
   51  provisions of this chapter do not apply to the fees, costs, and
   52  expenses assessed or paid in connection with an adoption. In
   53  reporting the information required by this subsection to the
   54  department, the adoption entity shall redact any confidential
   55  identifying information concerning the child’s biological
   56  parents and the child’s adoptive parents. The department shall
   57  report quarterly on its website information for each adoption
   58  agency, including the actual fees, costs, and expenses of
   59  finalized adoptions. The department shall adopt rules to
   60  implement this subsection.
   61         Section 15. Subsection (3) of section 63.132, Florida
   62  Statutes, is amended to read:
   63         63.132 Affidavit of expenses and receipts.—
   64         (3) The court must issue a separate order approving or
   65  disapproving the fees, costs, and expenses itemized in the
   66  affidavit. The court may approve only fees, costs, and
   67  expenditures allowed under s. 63.097. An order approving fees,
   68  costs, and expenses that exceed the limits set in s. 63.097 must
   69  include a written determination of reasonableness. The court may
   70  reject in whole or in part any fee, cost, or expenditure listed
   71  if the court finds that the expense is any of the following:
   72         (a) Contrary to this chapter.
   73         (b) Not supported by a receipt, if requested, if the
   74  expense is not a fee of the adoption entity.
   75         (c) Not a reasonable fee or expense, considering the
   76  requirements of this chapter and the totality of the
   77  circumstances.
   78         Section 16. Paragraph (g) of subsection (1) of section
   79  63.212, Florida Statutes, is amended to read:
   80         63.212 Prohibited acts; penalties for violation.—
   81         (1) It is unlawful for any person:
   82         (g) Except an adoption entity, to place an advertisement or
   83  offer to the public, in any way, by any medium whatever that a
   84  minor is available for adoption or that a minor is sought for
   85  adoption; and, further, it is unlawful for any person purchasing
   86  advertising space or purchasing broadcast time to advertise
   87  adoption services to fail to include in any publication or fail
   88  to include in the broadcast for such advertisement the Florida
   89  license number of the adoption entity or The Florida Bar number
   90  of the attorney placing the advertisement. This prohibition
   91  applies to, but is not limited to, a paid advertisement, an
   92  article, a notice, or any other paid communication published in
   93  any newspaper or magazine, or on the Internet, on a billboard,
   94  over radio or television, or other similar media.
   95         1. Only a person who is an attorney licensed to practice
   96  law in this state or an adoption entity licensed under the laws
   97  of this state may place an advertisement in this state a paid
   98  advertisement or paid listing of the person’s telephone number,
   99  on the person’s own behalf, in a telephone directory that:
  100         a. A child is offered or wanted for adoption; or
  101         b. The person is able to place, locate, or receive a child
  102  for adoption.
  103         2. A person who publishes a telephone directory, newspaper,
  104  magazine, billboard, or any other written advertisement that is
  105  distributed in this state shall include, at the beginning of any
  106  classified heading for adoption and adoption services, a
  107  statement that informs directory users that only attorneys
  108  licensed to practice law in this state and licensed adoption
  109  entities licensed under the laws of this state may legally
  110  provide adoption services under state law.
  111         3. A person who places an advertisement described in
  112  subparagraph 1. in a telephone directory must include the
  113  following information:
  114         a. For an attorney licensed to practice law in this state,
  115  the person’s Florida Bar number.
  116         b. For a child-placing agency licensed under the laws of
  117  this state, the number on the person’s adoption entity license.
  118  
  119  ================= T I T L E  A M E N D M E N T ================
  120  And the title is amended as follows:
  121         Delete lines 76 - 82
  122  and insert:
  123         making technical changes; requiring the court to issue
  124         a certain order when the total of certain amounts
  125         exceeds those specified; revising the prohibition of a
  126         specified fee; requiring an adoption entity to report
  127         certain information for each finalized adoption to the
  128         department on a quarterly basis; requiring the
  129         department to report on its website certain
  130         information, including the actual fees, costs, and
  131         expenses of finalized adoptions, on a quarterly basis;
  132         providing construction; requiring the department to
  133         adopt rules; amending s. 63.132, F.S.; requiring that
  134         a court order approving fees, costs, or expenses that
  135         exceed a certain amount include a certain
  136         determination; making a technical change; amending s.
  137         63.212, F.S.; providing applicability for the
  138         prohibition against the advertisement of the adoption
  139         of a minor child except by certain persons; requiring
  140         a person who publishes a newspaper, magazine,
  141         billboard, or any other written advertisement
  142         distributed in this state to include a statement that
  143         only specified licensed adoption entities may legally
  144         provide adoption services; conforming provisions to
  145         changes made by the act; amending s. 409.1451, F.S.;
  146         revising