House Bill 0197

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    Florida House of Representatives - 1999                 HB 197

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

  3         39.802, 39.806, 39.811, F.S., relating to the

  4         petition and grounds for terminating parental

  5         rights and powers of disposition; removing

  6         provisions authorizing licensed child-placing

  7         agencies to file actions to terminate parental

  8         rights; amending s. 39.812, F.S.; providing

  9         additional requirements for a petition for

10         adoption; prohibiting filing such petition

11         until the order terminating parental rights is

12         final; amending s. 63.022, F.S.; revising

13         legislative intent with respect to adoptions in

14         this state; amending s. 63.032, F.S.; revising

15         definitions; defining the term "adoption

16         entity"; creating s. 63.037, F.S.; exempting

17         adoption proceedings that result from a

18         termination of parental rights under ch. 39,

19         F.S., from certain provisions of ch. 63, F.S.;

20         creating s. 63.038, F.S.; providing criminal

21         penalties for committing certain fraudulent

22         acts; creating s. 63.039, F.S.; providing

23         sanctions and an award of attorney's fees under

24         certain circumstances; amending s. 63.052,

25         F.S.; providing for placement of a minor

26         pending adoption; specifying the jurisdiction

27         of the court over a minor who has been placed

28         for adoption; amending s. 63.062, F.S.;

29         specifying additional persons who must consent

30         to an adoption, execute an affidavit of

31         nonpaternity, or receive notice of proceedings

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  1         to terminate parental rights; permitting an

  2         affidavit of nonpaternity under certain

  3         circumstances; amending s. 63.082, F.S.;

  4         revising requirements for executing a consent

  5         to an adoption; providing a time period for

  6         withdrawing consent; providing additional

  7         disclosure requirements; amending s. 63.085,

  8         F.S.; specifying information that must be

  9         disclosed to persons seeking to adopt a minor

10         and to the birth parents; creating s. 63.087,

11         F.S.; requiring that a separate proceeding be

12         conducted by the court to determine whether a

13         birth parent's parental rights should be

14         terminated; providing for rules, jurisdiction,

15         and venue for such proceedings; providing

16         requirements for the petition and hearing;

17         creating s. 63.088, F.S.; providing

18         requirements for identifying and locating a

19         person who is required to consent to an

20         adoption or receive notice of proceedings to

21         terminate parental rights; providing

22         requirements for the notice; providing

23         requirements for conducting a diligent search

24         for such person whose location is unknown;

25         requiring that an unlocated or unidentified

26         person be served notice by constructive

27         service; providing that failure to respond or

28         appear constitutes grounds to terminate

29         parental rights pending adoption; creating s.

30         63.089, F.S.; providing procedures for the

31         proceeding to terminate parental rights pending

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  1         adoption; specifying the matters to be

  2         determined; specifying grounds upon which

  3         parental rights may be terminated; providing

  4         for procedures following a judgment; providing

  5         for records to be made part of the subsequent

  6         adoption; amending s. 63.092, F.S.; providing

  7         requirements to be met if a prospective

  8         placement in an adoptive home is an at-risk

  9         placement; defining at-risk placement; amending

10         s. 63.097, F.S.; revising requirements for the

11         court in approving specified fees and costs;

12         amending s. 63.102, F.S.; revising requirements

13         for filing a petition for adoption; providing

14         requirements for prior approval of fees and

15         costs; amending s. 63.112, F.S.; revising

16         requirements for the information that must be

17         included in a petition for adoption; amending

18         s. 63.122, F.S.; revising the time requirements

19         for hearing a petition for adoption; amending

20         s. 63.125, F.S., relating to the final home

21         investigation; conforming provisions to changes

22         made by the act; amending s. 63.132, F.S.;

23         revising requirements for the report of

24         expenditures and receipts which is filed with

25         the court; amending s. 63.142, F.S.; specifying

26         circumstances under which a judgment

27         terminating parental rights pending adoption is

28         voidable; providing for an evidentiary hearing

29         to determine the minor's placement following a

30         motion to void such a judgment; amending s.

31         63.152, F.S.; requiring that the clerk of the

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  1         court mail a copy of a new birth record to the

  2         state registry of adoption information;

  3         amending s. 63.165, F.S.; requiring that a copy

  4         of the certified statement of final decree of

  5         adoption be included in the state registry of

  6         adoption information; requiring that the

  7         Department of Children and Family Services

  8         maintain such information for a specified

  9         period; amending s. 63.182, F.S.; requiring

10         that an action to vacate an order of adoption

11         or an order terminating parental rights pending

12         adoption be filed within a specified period

13         after entry of the order; amending s. 63.207,

14         F.S.; revising provisions that limit the

15         placement of a minor in another state for

16         adoption; amending s. 63.212, F.S., relating to

17         prohibitions and penalties with respect to

18         adoptions; conforming provisions to changes

19         made by the act; repealing s. 63.072, F.S.,

20         relating to persons who may waive required

21         consent to an adoption; requiring that a

22         petition for adoption be governed by the law in

23         effect at the time the petition is filed;

24         providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsections (1) and (2) of section 39.802,

29  Florida Statutes, 1998 Supplement, are amended to read:

30         39.802  Petition for termination of parental rights;

31  filing; elements.--

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  1         (1)  All proceedings seeking an adjudication to

  2  terminate parental rights pursuant to this chapter must be

  3  initiated by the filing of an original petition by the

  4  department, the guardian ad litem, or a licensed child-placing

  5  agency or by any other person who has knowledge of the facts

  6  alleged or is informed of them and believes that they are

  7  true.

  8         (2)  The form of the petition is governed by the

  9  Florida Rules of Juvenile Procedure. The petition must be in

10  writing and signed by the petitioner or, if the department is

11  the petitioner, by an employee of the department, under oath

12  stating the petitioner's good faith in filing the petition.

13         Section 2.  Subsection (1) of section 39.806, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         39.806  Grounds for termination of parental rights.--

16         (1)  The department, the guardian ad litem, a licensed

17  child-placing agency, or any person related to the child who

18  has knowledge of the facts alleged or who is informed of said

19  facts and believes that they are true, may petition for the

20  termination of parental rights under any of the following

21  circumstances:

22         (a)  When the parent or parents voluntarily executed a

23  written surrender of the child and consented to the entry of

24  an order giving custody of the child to the department or to a

25  licensed child-placing agency for subsequent adoption and the

26  department or licensed child-placing agency is willing to

27  accept custody of the child.

28         1.  The surrender document must be executed before two

29  witnesses and a notary public or other person authorized to

30  take acknowledgments.

31

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  1         2.  The surrender and consent may be withdrawn after

  2  acceptance by the department or licensed child-placing agency

  3  only after a finding by the court that the surrender and

  4  consent were obtained by fraud or duress.

  5         (b)  When the identity or location of the parent or

  6  parents is unknown and cannot be ascertained by diligent

  7  search within 90 days.

  8         (c)  When the parent or parents engaged in conduct

  9  toward the child or toward other children that demonstrates

10  that the continuing involvement of the parent or parents in

11  the parent-child relationship threatens the life, safety,

12  well-being, or physical, mental, or emotional health of the

13  child irrespective of the provision of services. Provision of

14  services may be evidenced by proof that services were provided

15  through a previous plan or offered as a case plan from a child

16  welfare agency.

17         (d)  When the parent of a child is incarcerated in a

18  state or federal correctional institution and:

19         1.  The period of time for which the parent is expected

20  to be incarcerated will constitute a substantial portion of

21  the period of time before the child will attain the age of 18

22  years;

23         2.  The incarcerated parent has been determined by the

24  court to be a violent career criminal as defined in s.

25  775.084, a habitual violent felony offender as defined in s.

26  775.084, or a sexual predator as defined in s. 775.21; has

27  been convicted of first degree or second degree murder in

28  violation of s. 782.04 or a sexual battery that constitutes a

29  capital, life, or first degree felony violation of s. 794.011;

30  or has been convicted of an offense in another jurisdiction

31  which is substantially similar to one of the offenses listed

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  1  in this paragraph.  As used in this section, the term

  2  "substantially similar offense" means any offense that is

  3  substantially similar in elements and penalties to one of

  4  those listed in this paragraph, and that is in violation of a

  5  law of any other jurisdiction, whether that of another state,

  6  the District of Columbia, the United States or any possession

  7  or territory thereof, or any foreign jurisdiction; and

  8         3.  The court determines by clear and convincing

  9  evidence that continuing the parental relationship with the

10  incarcerated parent would be harmful to the child and, for

11  this reason, that termination of the parental rights of the

12  incarcerated parent is in the best interest of the child.

13         (e)  A petition for termination of parental rights may

14  also be filed when a child has been adjudicated dependent, a

15  case plan has been filed with the court, and the child

16  continues to be abused, neglected, or abandoned by the

17  parents. In this case, the failure of the parents to

18  substantially comply for a period of 12 months after an

19  adjudication of the child as a dependent child constitutes

20  evidence of continuing abuse, neglect, or abandonment unless

21  the failure to substantially comply with the case plan was due

22  either to the lack of financial resources of the parents or to

23  the failure of the department to make reasonable efforts to

24  reunify the family. Such 12-month period may begin to run only

25  after the entry of a disposition order placing the custody of

26  the child with the department or a person other than the

27  parent and the approval by the court of a case plan with a

28  goal of reunification with the parent.

29         (f)  When the parent or parents engaged in egregious

30  conduct or had the opportunity and capability to prevent and

31  knowingly failed to prevent egregious conduct that threatens

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  1  the life, safety, or physical, mental, or emotional health of

  2  the child or the child's sibling.

  3         1.  As used in this subsection, the term "sibling"

  4  means another child who resides with or is cared for by the

  5  parent or parents regardless of whether the child is related

  6  legally or by consanguinity.

  7         2.  As used in this subsection, the term "egregious

  8  conduct" means abuse, abandonment, neglect, or any other

  9  conduct of the parent or parents that is deplorable, flagrant,

10  or outrageous by a normal standard of conduct. Egregious

11  conduct may include an act or omission that occurred only once

12  but was of such intensity, magnitude, or severity as to

13  endanger the life of the child.

14         (g)  When the parent or parents have subjected the

15  child to aggravated child abuse as defined in s. 827.03,

16  sexual battery or sexual abuse as defined in s. 39.01, or

17  chronic abuse.

18         (h)  When the parent or parents have committed murder

19  or voluntary manslaughter of another child of the parent, or a

20  felony assault that results in serious bodily injury to the

21  child or another child of the parent, or aided or abetted,

22  attempted, conspired, or solicited to commit such a murder or

23  voluntary manslaughter or felony assault.

24         (i)  When the parental rights of the parent to a

25  sibling have been terminated involuntarily.

26         Section 3.  Subsections (2) and (8) of section 39.811,

27  Florida Statutes, 1998 Supplement, are amended to read:

28         39.811  Powers of disposition; order of disposition.--

29         (2)  If the child is in out-of-home care custody of the

30  department and the court finds that the grounds for

31  termination of parental rights have been established by clear

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  1  and convincing evidence, the court shall, by order, place the

  2  child in the custody of the department for the purpose of

  3  adoption or place the child in the custody of a licensed

  4  child-placing agency for the purpose of adoption.

  5         (8)  If the court terminates parental rights, it shall,

  6  in its order of disposition, provide for a hearing, to be

  7  scheduled no later than 30 days after the date of disposition,

  8  in which the department or the licensed child-placing agency

  9  shall provide to the court a plan for permanency for the

10  child. Reasonable efforts must be made to place the child in a

11  timely manner in accordance with the permanency plan and to

12  complete whatever steps are necessary to finalize the

13  permanent placement of the child. Thereafter, until the

14  adoption of the child is finalized or the child reaches the

15  age of 18 years, whichever occurs first, the court shall hold

16  hearings at 6-month intervals to review the progress being

17  made toward permanency for the child.

18         Section 4.  Section 39.812, Florida Statutes, 1998

19  Supplement, is amended to read:

20         39.812  Postdisposition relief.--

21         (1)  A licensed child-placing agency or The department

22  that which is given custody of a child for subsequent adoption

23  in accordance with this chapter may place the child in a

24  family home for prospective subsequent adoption, and the

25  licensed child-placing agency or the department may thereafter

26  become a party to any proceeding for the legal adoption of the

27  child and appear in any court where the adoption proceeding is

28  pending and consent to the adoption; and that consent alone

29  shall in all cases be sufficient.

30         (2)  In any subsequent adoption proceeding, the parents

31  are shall not be entitled to any notice of the proceeding and

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  1  are not thereof, nor shall they be entitled to knowledge at

  2  any time after the order terminating parental rights is

  3  entered of the whereabouts of the child or of the identity or

  4  location of any person having the custody of or having adopted

  5  the child, except as provided by order of the court pursuant

  6  to this chapter or chapter 63; and in any habeas corpus or

  7  other proceeding involving the child brought by any parent of

  8  the child, an no agent or contract provider of the licensed

  9  child-placing agency or department may not shall be compelled

10  to divulge that information, but may be compelled to produce

11  the child before a court of competent jurisdiction if the

12  child is still subject to the guardianship of the licensed

13  child-placing agency or department.

14         (3)  The entry of the custody order to the department

15  does or licensed child-placing agency shall not entitle the

16  licensed child-placing agency or department to guardianship of

17  the estate or property of the child, but the licensed

18  child-placing agency or department shall be the guardian of

19  the person of the child.

20         (4)  The court shall retain jurisdiction over any child

21  for whom custody is given to a licensed child-placing agency

22  or to the department until the child is adopted. After custody

23  of a child for subsequent adoption has been given to an agency

24  or the department, the court has jurisdiction for the purpose

25  of reviewing the status of the child and the progress being

26  made toward permanent adoptive placement. As part of this

27  continuing jurisdiction, for good cause shown by the guardian

28  ad litem for the child, the court may review the

29  appropriateness of the adoptive placement of the child. The

30  petition for adoption must be filed in the division of the

31  circuit court which issued the judgment terminating parental

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  1  rights. A copy of the consent required under s. 63.062(4) and

  2  executed by the department must be attached to the petition

  3  for adoption. The petition for adoption must be accompanied by

  4  a form created by the department which details the social and

  5  medical history of each birth parent and includes the social

  6  security number and date of birth for each birth parent, if

  7  such information is available or readily obtainable. The

  8  person seeking to adopt the minor may not file a petition for

  9  adoption until the order terminating parental rights becomes

10  final. An adoption proceeding under this subsection is

11  governed by chapter 63, as limited under s. 63.037.

12         Section 5.  Section 63.022, Florida Statutes, 1998

13  Supplement, is amended to read:

14         63.022  Legislative intent.--

15         (1)  It is the intent of the Legislature to protect and

16  promote the well-being of persons being adopted and their

17  birth and adoptive parents and to provide to all children who

18  can benefit by it a permanent family life, and, whenever

19  possible, to maintain sibling groups.

20         (2)  The basic safeguards intended to be provided by

21  this chapter act are that:

22         (a)  The minor child is legally free for adoption.

23         (b)  The required persons consent to the adoption or

24  the parent-child relationship is terminated by judgment of the

25  court.

26         (c)  The required social studies are completed and the

27  court considers the reports of these studies prior to judgment

28  on adoption petitions.

29         (d)  All placements of minors for adoption are reported

30  to the Department of Children and Family Services.

31

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  1         (e)  A sufficient period of time elapses during which

  2  the minor child has lived within the proposed adoptive home

  3  under the guidance of the department or a licensed

  4  child-placing agency.

  5         (f)  All expenditures by adoption entities

  6  intermediaries placing, and persons independently adopting, a

  7  minor are reported to the court and become a permanent record

  8  in the file of the adoption proceedings.

  9         (g)  Social and medical information concerning the

10  minor child and the birth parents is furnished by the birth

11  parent when available and filed with the court before a final

12  hearing on a petition to terminate parental rights pending

13  adoption consent to the adoption when a minor is placed by an

14  intermediary.

15         (h)  A new birth certificate is issued after entry of

16  the adoption judgment.

17         (i)  At the time of the hearing, the court may is

18  authorized to order temporary substitute care when it

19  determines that the minor is in an unsuitable home.

20         (j)  The records of all proceedings concerning custody

21  and adoption of minor children are confidential and exempt

22  from the provisions of s. 119.07(1), except as provided in s.

23  63.162.

24         (k)  The birth parent, the adoptive parent, and the

25  minor child receive the same or similar safeguards, guidance,

26  counseling, and supervision in an intermediary adoption as

27  they receive in an agency or department adoption.

28         (l)  In all matters coming before the court under

29  pursuant to this chapter act, the court shall enter such

30  orders as it deems necessary and suitable to promote and

31  protect the best interests of the person to be adopted.

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  1         (m)  In dependency cases initiated by the department,

  2  where termination of parental rights occurs, and siblings are

  3  separated despite diligent efforts of the department,

  4  continuing postadoption communication or contact among the

  5  siblings may be ordered by the court if found to be in the

  6  best interests of the children.

  7         Section 6.  Section 63.032, Florida Statutes, is

  8  amended to read:

  9         63.032  Definitions.--As used in this chapter act,

10  unless the context otherwise requires, the term:

11         (1)  "Department" means the Department of Children and

12  Family Services.

13         (2)  "Child" means a son or daughter, whether by birth

14  or adoption.

15         (3)  "Court" means any circuit court of this state and,

16  when the context requires, the court of any state that is

17  empowered to grant petitions for adoption.

18         (4)  "Minor" means a person under the age of 18 years.

19         (5)  "Adult" means a person who is not a minor.

20         (6)  "Person" includes a natural person, corporation,

21  government or governmental subdivision or agency, business

22  trust, estate, trust, partnership, or association, and any

23  other legal entity.

24         (7)  "Agency" means any child-placing agency licensed

25  by the department pursuant to s. 63.202 to place minors for

26  adoption.

27         (8)  "Intermediary" means an attorney or physician who

28  is licensed or authorized to practice in this state and who

29  has reported the intended placement of a minor for adoption

30  under s. 63.092 or, for the purpose of adoptive placements of

31  children from out of state with citizens of this state, a

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  1  child-placing agency licensed in another state that is

  2  qualified by the department.

  3         (9)  "To place" or "placement" means the process of a

  4  person giving a child up for adoption and the prospective

  5  parents receiving and adopting the child, and includes all

  6  actions by any person or agency participating in the process.

  7         (10)  "Adoption" means the act of creating the legal

  8  relationship between parent and child where it did not exist,

  9  thereby declaring the child to be legally the child of the

10  adoptive parents and their heir at law and entitled to all the

11  rights and privileges and subject to all the obligations of a

12  child born to such adoptive parents in lawful wedlock.

13         (11)  "Suitability of the intended placement" includes

14  the fitness of the intended placement, with primary

15  consideration being given to the welfare of the child; the

16  fitness and capabilities of the adoptive parent or parents to

17  function as parent or parents for a particular child; any

18  familial relationship between the child and the prospective

19  placement; and the compatibility of the child with the home in

20  which the child is intended to be placed.

21         (12)  "Primary residence and place of employment in

22  Florida" means a person lives and works in this state at least

23  6 months of the year and intends to do so for the foreseeable

24  future or military personnel who designate Florida as their

25  place of residence in accordance with the Soldiers' and

26  Sailors' Civil Relief Act of 1940 or employees of the United

27  States Department of State living in a foreign country who

28  designate Florida as their place of residence.

29         (13)  "Primarily lives and works outside Florida" means

30  anyone who does not meet the definition of "primary residence

31  and place of employment in Florida."

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  1         (14)  "Abandoned" means a situation in which the parent

  2  or legal custodian of a child, while being able, makes no

  3  provision for the child's support and makes no effort to

  4  communicate with the child, which situation is sufficient to

  5  evince a willful rejection of parental obligations. If, in the

  6  opinion of the court, the efforts of such parent or legal

  7  custodian to support and communicate with the child are only

  8  marginal efforts that do not evince a settled purpose to

  9  assume all parental duties, the court may declare the child to

10  be abandoned.  In making this decision, the court may consider

11  the conduct of a father towards the child's mother during her

12  pregnancy.

13         (15)  "Adoption entity" means the department under

14  chapter 39; an agency under chapter 63 or, at the request of

15  the department, under chapter 39; a child-caring agency

16  registered pursuant to s. 409.176; or an intermediary under

17  chapter 63, placing a person for adoption.

18         Section 7.  Section 63.037, Florida Statutes, is

19  created to read:

20         63.037  Proceedings applicable to cases resulting from

21  a termination of parental rights under chapter 39.--A case in

22  which a minor becomes available for adoption after the

23  parental rights of each parent have been terminated by a court

24  order issued pursuant to chapter 39 will be governed by s.

25  39.812 and this chapter. Adoption proceedings filed under

26  chapter 39 are exempt from the following provisions of this

27  chapter: disclosure requirements for the adoption entity

28  provided in s. 63.085; general provisions governing

29  termination of parental rights pending adoption provided in s.

30  63.087; notice and service provisions governing termination of

31  parental rights pending adoption provided in s. 63.088; and

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  1  procedures for terminating parental rights pending adoption

  2  provided in s. 63.089.

  3         Section 8.  Section 63.038, Florida Statutes, is

  4  created to read:

  5         63.038  Prohibited acts.--A person who knowingly and

  6  willfully provides false information under this chapter or

  7  who, with the intent to defraud, accepts benefits related to

  8  the same pregnancy from more than one agency or intermediary

  9  without disclosing that fact to each entity commits a

10  misdemeanor of the second degree, punishable as provided in s.

11  775.082 or s. 775.083. In addition to any other penalty or

12  liability allowed by law, a person who knowingly and willfully

13  provides false information under this chapter or who, with

14  intent to defraud, accepts benefits related to the same

15  pregnancy from more than one agency or intermediary without

16  disclosing that fact to each entity and to any prospective

17  adoptive parent providing sums for the payment of the benefits

18  is liable for sums paid by anyone who paid sums permitted

19  under this chapter in anticipation of or in connection with an

20  adoption. A person seeking to collect moneys under this

21  section may do so by filing a civil action or may be awarded

22  restitution in a criminal prosecution.

23         Section 9.  Section 63.039, Florida Statutes, is

24  created to read:

25         63.039  Duty of adoption entity to prospective adoptive

26  parents; sanctions.--

27         (1)  An adoption entity placing a minor for adoption

28  has an affirmative duty to follow the requirements of this

29  chapter, specifically the following provisions, which protect

30  and promote the well-being of persons being adopted and their

31

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  1  birth and adoptive parents by promoting certainty, finality,

  2  and permanency for such persons:

  3         (a)  Provide written initial disclosure to the adoptive

  4  parent at the time and in the manner required under s.

  5  63.085(1);

  6         (b)  Obtain a written statement by the adoptive parent

  7  acknowledging receipt of the written initial disclosure and

  8  distribute copies of that acknowledgment at the time and in

  9  the manner required under s. 63.085(3);

10         (c)  Provide written initial and postbirth disclosure

11  to the birth parent at the time and in the manner required

12  under s. 63.085;

13         (d)  Obtain a written statement by the birth parent

14  acknowledging receipt of the written initial and postbirth

15  disclosure and distribute copies of that acknowledgment at the

16  time and in the manner required under s. 63.085(3);

17         (e)  When a written consent for adoption is obtained,

18  obtain the consent at the time and in the manner required

19  under s. 63.082;

20         (f)  When a written consent or affidavit of

21  nonpaternity for adoption is obtained, obtain a consent or

22  affidavit of nonpaternity that contains the language required

23  under s. 63.062 or s. 63.082;

24         (g)  Include in the petition to terminate parental

25  rights pending adoption all information required under s.

26  63.087(6)(e);

27         (h)  Obtain and file the affidavit of inquiry required

28  under s. 63.088(3);

29         (i)  When the identity of a person whose consent to

30  adoption is necessary under this chapter is known but the

31  location of such a person is unknown, conduct the

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  1  due-diligence search and file the affidavit required under s.

  2  63.088(4);

  3         (j)  Serve the petition and notice of hearing to

  4  terminate parental rights pending adoption at the time and in

  5  the manner required by s. 63.088; and

  6         (k)  Hold the hearings required under this chapter no

  7  sooner than permitted by this chapter.

  8         (2)  An adoption entity that materially fails to meet a

  9  duty specified in subsection (1), may be liable to the

10  prospective adoptive parents for all sums paid by the

11  prospective adoptive parents or on their behalf in

12  anticipation of or in connection with an adoption.

13         (3)  If a court finds that a consent taken under this

14  chapter was obtained by fraud or duress attributable to the

15  adoption entity, the court must award all sums paid by the

16  prospective adoptive parents or on their behalf in

17  anticipation of or in connection with the adoption. The court

18  may also award reasonable attorney's fees and costs incurred

19  by the prospective adoptive parents in connection with the

20  adoption and any litigation related to placement or adoption

21  of a minor. An award under this subsection must be paid

22  directly to the prospective adoptive parents by the adoption

23  entity.

24         (4)  If a person whose consent to an adoption is

25  necessary under s. 63.062 prevails in an action to set aside a

26  consent to adoption, a judgment terminating parental rights

27  pending adoption, or a judgment of adoption, the court must

28  award a reasonable attorney's fee to the prevailing party. An

29  award under this subsection is to be paid by the adoption

30  entity if the court finds that the acts or omissions of the

31

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  1  entity were the basis for the court's order granting relief to

  2  the prevailing party.

  3         (5)  The court must provide to The Florida Bar any

  4  order that imposes sanctions under this section against an

  5  attorney, whether acting as an adoption agency or as an

  6  intermediary. The court must provide to the Department of

  7  Children and Family Services any order that imposes sanctions

  8  under this section against an agency. The order must be

  9  provided within 30 days after the date that the order was

10  issued.

11         Section 10.  Section 63.052, Florida Statutes, 1998

12  Supplement, is amended to read:

13         63.052  Guardians designated; proof of commitment.--

14         (1)  For minors who have been placed for adoption with

15  and permanently committed to an agency, the agency shall be

16  the guardian of the person of the minor child; for those who

17  have been placed for adoption with and permanently committed

18  to the department, the department shall be the guardian of the

19  person of the minor child.

20         (2)  For minors who have been voluntarily surrendered

21  to an intermediary through an execution of consent to

22  adoption, the intermediary shall be responsible for the child

23  until the time a court orders preliminary approval of

24  placement of the child in the prospective adoptive home, at

25  which time the prospective adoptive parents become guardians

26  pending finalization of adoption. Until a court has terminated

27  parental rights pending adoption and has ordered preliminary

28  approval of placement of the minor in the adoptive home, the

29  minor must be placed in the care of a birth relative, placed

30  in foster care, or placed in the care of a prospective

31  adoptive home that has received a favorable home study by a

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  1  licensed child-placing agency, a licensed professional, or an

  2  agency described in s. 61.20(2) within 1 year before such

  3  placement of the minor with the prospective adoptive parents.

  4  The fact that a minor is temporarily placed with the

  5  prospective adoptive parents does not give rise to a

  6  presumption that the parental rights of the birth parents will

  7  subsequently be terminated.

  8         (2)  For minors who have been placed for adoption with

  9  or voluntarily surrendered to an agency, but have not been

10  permanently committed to the agency, the agency shall have the

11  responsibility and authority to provide for the needs and

12  welfare for such minors.  For those minors placed for adoption

13  with or voluntarily surrendered to the department, but not

14  permanently committed to the department, the department shall

15  have the responsibility and authority to provide for the needs

16  and welfare for such minors.  The adoption entity may

17  department, an intermediary, or a licensed child-placing

18  agency has the authority to authorize all appropriate medical

19  care for a minor the children who has have been placed for

20  adoption with or voluntarily surrendered to them.  The

21  provisions of s. 627.6578 shall remain in effect

22  notwithstanding the guardianship provisions in this section.

23         (3)  If a minor is surrendered to an intermediary for

24  subsequent adoption and a suitable prospective adoptive home

25  is not available under s. 63.092 at the time the minor is

26  surrendered to the intermediary or, if the minor is a newborn

27  admitted to a licensed hospital or birth center, at the time

28  the minor is discharged from the hospital or birth center the

29  minor must be placed in licensed foster care, the intermediary

30  shall be responsible for the child until a suitable

31  prospective adoptive home is available under s. 63.092.

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  1         (4)  If a minor child is voluntarily surrendered to an

  2  intermediary for subsequent adoption and the adoption does not

  3  become final within 180 days, the intermediary must report to

  4  the court on the status of the minor child and the court may

  5  at that time proceed under s. 39.701 or take action reasonably

  6  necessary to protect the best interest of the minor child.

  7         (5)  The recital in the written consent given by the

  8  department that the minor child sought to be adopted has been

  9  permanently committed to the department shall be prima facie

10  proof of such commitment.  The recital in the written consent

11  given by a licensed child-placing agency or the declaration in

12  an answer or recommendation filed by a licensed child-placing

13  agency that the minor child has been permanently committed and

14  the child-placing agency is duly licensed by the department

15  shall be prima facie proof of such commitment and of such

16  license.

17         (6)  Unless otherwise authorized by law, the department

18  is not responsible for expenses incurred by licensed

19  child-placing agencies or intermediaries participating in

20  placement of a minor child for the purposes of adoption.

21         (7)  The court retains jurisdiction over a minor who

22  has been placed for adoption until the adoption is final.

23  After a minor is placed with an adoption entity or prospective

24  adoptive parent, the court has jurisdiction for the purpose of

25  reviewing the status of the minor and the progress being made

26  toward permanent adoptive placement. As part of this

27  continuing jurisdiction, for good cause shown by a person

28  whose consent to an adoption is required under s. 63.062, by a

29  party to any proceeding involving the minor, or upon the

30  court's own motion, the court may review the appropriateness

31  of the adoptive placement of the minor.

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  1         Section 11.  Section 63.062, Florida Statutes, is

  2  amended to read:

  3         63.062  Persons required to consent to adoption.--

  4         (1)  Unless supported by one or more of the grounds

  5  enumerated under s. 63.089(3) consent is excused by the court,

  6  a petition to terminate parental rights pending adoption adopt

  7  a minor may be granted only if written consent has been

  8  executed as provided in s. 63.082 after the birth of the minor

  9  or notice has been served under s. 63.088 to by:

10         (a)  The mother of the minor.

11         (b)  The father of the minor, if:

12         1.  The minor was conceived or born while the father

13  was married to the mother;.

14         2.  The minor is his child by adoption; or.

15         3.  The minor has been established by court proceeding

16  to be his child.

17         (c)  If there is no father as set forth in subsection

18  (b), any man for whom the minor has been established to be his

19  child by scientific tests that are generally acceptable within

20  the scientific community to show a probability of paternity.

21         (d)  If there is no father as set forth in subsection

22  (b) or subsection (c), any man who:

23         1.4.  He Has acknowledged in writing, signed in the

24  presence of a competent witness, that he is the father of the

25  minor and has filed such acknowledgment with the Office of

26  Vital Statistics of the Department of Health;.

27         2.5.  He Has provided the child or the mother during

28  her pregnancy with support in a repetitive, customary manner;.

29         3.  Has been identified by the birth mother as a person

30  she has reason to believe may be the father of the minor in an

31

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  1  action to terminate parental rights pending adoption pursuant

  2  to this chapter; or

  3         4.  Is a party in any pending proceeding in which

  4  paternity, custody, or termination of parental rights

  5  regarding the minor is at issue.

  6         (e)(c)  The minor, if more than 12 years of age, unless

  7  the court in the best interest of the minor dispenses with the

  8  minor's consent.

  9         (2)  Any person whose consent is required under

10  paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d) may

11  execute an affidavit of nonpaternity in lieu of a consent

12  under this section and by doing so waives notice to all court

13  proceedings after the date of execution. An affidavit of

14  nonpaternity must be executed under s. 63.082 and the person

15  executing the affidavit must receive disclosure under s.

16  63.085 prior to signing the affidavit. An affidavit of

17  nonpaternity must be in substantially the following form:

18

19                    AFFIDAVIT OF NONPATERNITY

20

21         1.  I have personal knowledge of the facts

22         stated in this affidavit.

23         2.  I have been told that .... has a child. I

24         shall not establish or claim paternity for this

25         child.

26         3.  The child referenced in this affidavit was

27         not conceived or born while the birth mother

28         was married to me. I AM NOT MARRIED TO THE

29         BIRTH MOTHER, nor do I intend to marry the

30         birth mother.

31

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  1         4.  With respect to the child referenced in

  2         this affidavit, I have not provided the birth

  3         mother with child support or prebirth support;

  4         I have not provided her with prenatal care nor

  5         assisted her with medical expenses; I have not

  6         provided the birth mother or her child or

  7         unborn child with support of any kind, nor do I

  8         intend to do so.

  9         5.  I have no interest in assuming the

10         responsibilities of parenthood for this child.

11         I will not acknowledge in writing to be the

12         father of this child nor institute court

13         proceedings to establish the child to be mine.

14         6.  I do not object to any decision or

15         arrangements .... makes regarding this child,

16         including adoption.

17

18         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

19         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

20         ADOPTION UNDER THIS CHAPTER.

21

22         (3)(2)  The court may require that consent be executed

23  by:

24         (a)  Any person lawfully entitled to custody of the

25  minor; or

26         (b)  The court having jurisdiction to determine custody

27  of the minor, if the person having physical custody of the

28  minor has no authority to consent to the adoption.

29         (4)(3)  The petitioner must make good faith and

30  diligent efforts as provided under s. 63.088 to notify, and

31  obtain written consent from, the persons required to consent

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  1  to adoption under s. 63.062 within 60 days after filing the

  2  petition. These efforts may include conducting interviews and

  3  record searches to locate those persons, including verifying

  4  information related to location of residence, employment,

  5  service in the Armed Forces, vehicle registration in this

  6  state, and corrections records.

  7         (5)(4)  If parental rights to the minor have previously

  8  been terminated, a licensed child-placing agency or the

  9  department with which the minor child has been placed for

10  subsequent adoption may provide consent to the adoption.  In

11  such case, no other consent is required.

12         (6)(5)  A petition to adopt an adult may be granted if:

13         (a)  Written consent to adoption has been executed by

14  the adult and the adult's spouse, if any.

15         (b)  Written consent to adoption has been executed by

16  the birth parents, if any, or proof of service of process has

17  been filed, showing notice has been served on the parents as

18  provided in this chapter section.

19         Section 12.  Section 63.082, Florida Statutes, is

20  amended to read:

21         63.082  Execution of consent or affidavit of

22  nonpaternity; family medical history; withdrawal of consent.--

23         (1)  Consent or an affidavit of nonpaternity shall be

24  executed as follows:

25         (a)  If by the person to be adopted, by oral or written

26  statement in the presence of the court or by being

27  acknowledged before a notary public.

28         (b)  If by an agency, by affidavit from its authorized

29  representative.

30         (c)  If by any other person, in the presence of the

31  court or by affidavit.

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  1         (d)  If by a court, by an appropriate order or

  2  certificate of the court.

  3         (2)  A consent that does not name or otherwise identify

  4  the adopting parent is valid if the consent contains a

  5  statement by the person consenting that the consent was

  6  voluntarily executed and that identification of the adopting

  7  parent is not required for granting the consent.

  8         (3)(a)  The department must provide a consent form and

  9  a family social and medical history form to an adoption entity

10  that intermediary who intends to place a child for adoption.

11  The forms completed by the birth parents must be attached to

12  the petition to terminate parental rights pending adoption and

13  must contain such biological and sociological information, or

14  such information as to the family medical history, regarding

15  the minor child and the birth parents as is required by the

16  department. The information must be incorporated into the

17  final home investigation report specified in s. 63.125. The

18  court may also require that the birth mother and birth father

19  must be interviewed by a representative of the department, a

20  licensed child-placing agency, or a professional pursuant to

21  s. 63.092 before the consent is executed, unless the birth

22  parent cannot be located or identified. A summary of each

23  interview, or a statement that the parent is unlocated or

24  unidentified, must be filed with the petition to terminate

25  parental rights pending adoption and included in the final

26  home investigation report filed under s. 63.125.

27         (b)  Consent executed by the department, by a licensed

28  child-placing agency, or by an appropriate order or

29  certificate of the court under s. 63.062(3)(b) must be

30  attached to the petition to terminate parental rights pending

31  adoption and must be accompanied by a family medical history

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  1  that includes such information concerning the medical history

  2  of the child and the birth parents as is available or readily

  3  obtainable.

  4         (c)  If any executed consent or social and medical

  5  history is unavailable because the person whose consent is

  6  required cannot be located or identified, the petition must be

  7  accompanied by the affidavit of due diligence required under

  8  s. 63.088.

  9         (4)(a)  The consent to an adoption or affidavit of

10  nonpaternity shall not for voluntary surrender must be

11  executed before after the birth of the minor.

12         (b)  A consent to adoption of a minor who is to be

13  placed for adoption under s. 63.052 upon the minor's release

14  following birth from a licensed hospital or birth center,

15  shall not be executed sooner than:

16         1.  Forty-eight hours after the time of the minor's

17  birth; or

18         2.  The day the birth mother is determined in writing,

19  either on a patient chart or in release paperwork, to be fit

20  for release from a licensed hospital or birth center;

21  whichever is sooner.

22

23  A consent executed under this paragraph is valid upon

24  execution and thereafter may only be withdrawn when the court

25  finds that it was obtained by fraud or under duress.

26         (c)  When the minor to be adopted is not placed under

27  s. 63.052 upon the minor's release following birth from a

28  licensed hospital or birth center, the consent may be executed

29  at any time after the birth of the minor. While such consent

30  is valid upon execution, it is subject to a 3-day revocation

31  period under subsection (7).

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  1         (d)  The consent or affidavit of nonpaternity must be

  2  signed child, in the presence of two witnesses, and be

  3  acknowledged before a notary public who is not signing as one

  4  of the witnesses. The notary public must legibly note on the

  5  consent or affidavit of nonpaternity the date and time the

  6  consent or affidavit of nonpaternity was executed. The

  7  witnesses' names must be typed or printed underneath their

  8  signatures. The witnesses', and their home or business

  9  addresses and social security numbers, driver's license

10  numbers, or state identification card numbers must be

11  included. The absence of a social security number, driver's

12  license number, or state identification card number shall not

13  be deemed to invalidate the consent. The person who signs the

14  consent or affidavit has the right to have at least one of the

15  witnesses be an individual who does not have a partnership,

16  employment, agency, or other professional or personal

17  relationship with the adoption entity or the prospective

18  adoptive parents. The person who signs the consent or

19  affidavit of nonpaternity must be given reasonable notice of

20  the right to select a witness of his or her own choosing. The

21  person who signs the consent or affidavit of nonpaternity must

22  acknowledge in writing on the consent or affidavit that such

23  notice was given and indicate the witness, if any, who was

24  selected by the person signing the consent or affidavit. A

25  consent to adoption must contain, in at least 16-point

26  boldfaced type, an acknowledgement of the birth parent's

27  rights in substantially the following form:

28

29         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU

30         HAVE THE RIGHT TO DO ANY OF THE FOLLOWING

31

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  1         INSTEAD OF SIGNING THIS CONSENT OR BEFORE

  2         SIGNING THIS CONSENT:

  3

  4         (A)  CONSULT WITH AN ATTORNEY;

  5         (B)  HOLD, CARE FOR, AND FEED THE CHILD;

  6         (C)  PLACE THE CHILD IN FOSTER CARE OR WITH ANY

  7         FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

  8         WILLING TO CARE FOR YOUR CHILD;

  9         (D)  TAKE THE CHILD HOME; AND

10         (E)  FIND OUT ABOUT THE COMMUNITY RESOURCES

11         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

12         THROUGH WITH THE ADOPTION.

13

14         IF YOU DO SIGN THIS CONSENT, YOU ARE

15         RELINQUISHING ALL RIGHTS TO YOUR CHILD. YOUR

16         CONSENT IS VALID AND BINDING UNLESS WITHDRAWN

17         AS PERMITTED BY LAW. WHEN RELINQUISHING YOUR

18         RIGHTS TO A CHILD WHO IS TO BE PLACED FOR

19         ADOPTION UNDER SECTION 63.052, FLORIDA

20         STATUTES, UPON THE MINOR'S RELEASE FOLLOWING

21         BIRTH FROM A LICENSED HOSPITAL OR BIRTH CENTER,

22         A WAITING PERIOD WILL BE IMPOSED BEFORE YOU MAY

23         SIGN THE CONSENT FOR ADOPTION. YOU WILL BE

24         REQUIRED TO WAIT 48 HOURS FROM THE TIME OF

25         BIRTH, OR UNTIL THE BIRTH MOTHER HAS BEEN

26         NOTIFIED IN WRITING, EITHER ON HER CHART OR IN

27         RELEASE PAPERS THAT SHE IS FIT TO BE RELEASED

28         FROM A LICENSED HOSPITAL OR BIRTHING CENTER,

29         WHICHEVER IS SOONER, BEFORE YOU MAY SIGN THE

30         CONSENT FOR ADOPTION. ONCE YOU HAVE SIGNED THE

31         CONSENT, IT IS VALID AND BINDING AND CANNOT BE

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  1         WITHDRAWN UNLESS A COURT FINDS THAT IT WAS

  2         OBTAINED THROUGH FRAUD OR UNDER DURESS. IF YOU

  3         ARE RELINQUISHING YOUR RIGHTS TO A CHILD WHO IS

  4         NOT PLACED UNDER SECTION 63.052, FLORIDA

  5         STATUTES, UPON THE MINOR'S RELEASE FOLLOWING

  6         BIRTH FROM A LICENSED HOSPITAL OR BIRTH CENTER,

  7         THE CONSENT MAY BE EXECUTED AT ANY TIME AFTER

  8         THE BIRTH OF THE MINOR. WHILE SUCH CONSENT IS

  9         VALID UPON EXECUTION, IT IS SUBJECT TO A 3-DAY

10         REVOCATION PERIOD.

11

12         WHEN THE REVOCATION PERIOD APPLIES, YOU MAY

13         WITHDRAW YOUR CONSENT FOR ANY REASON IF YOU DO

14         SO WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

15         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

16         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

17         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

18         LATER.

19

20         YOU MAY DO THIS BY NOTIFYING THE ADOPTION

21         ENTITY IN WRITING THAT YOU ARE WITHDRAWING YOUR

22         CONSENT. YOU MAY DO THIS BY PRESENTING A LETTER

23         AT A UNITED STATES POST OFFICE AND ASKING THAT

24         THE LETTER BE SENT BY CERTIFIED UNITED STATES

25         MAIL WITH RETURN RECEIPT REQUESTED WITHIN 3

26         BUSINESS DAYS AFTER THE DATE YOU SIGNED THE

27         CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE

28         BIRTH MOTHER'S DISCHARGE FROM A LICENSED

29         HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.

30         AS USED IN THIS SECTION, THE TERM "BUSINESS

31         DAY" MEANS A DAY ON WHICH THE UNITED STATES

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  1         POST OFFICE ACCEPTS CERTIFIED MAIL FOR

  2         DELIVERY. THE COST OF THIS MUST BE PAID AT THE

  3         TIME OF MAILING AND THE RECEIPT SHOULD BE

  4         RETAINED AS PROOF THAT CONSENT WAS WITHDRAWN IN

  5         A TIMELY MANNER.

  6

  7         THE ADOPTION ENTITY YOU SHOULD NOTIFY IS:

  8         ...(Name of Adoption Entity)..., ...(Address of

  9         Adoption Entity)..., ...(Phone Number of

10         Adoption Entity).... FOLLOWING 3 BUSINESS DAYS

11         AFTER THE DATE YOU SIGNED THE CONSENT OR 1

12         BUSINESS DAY AFTER THE DATE OF THE BIRTH

13         MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR

14         BIRTH CENTER, WHICHEVER IS LATER, YOU MAY

15         WITHDRAW YOUR CONSENT ONLY IF YOU CAN PROVE IN

16         COURT THAT CONSENT WAS OBTAINED BY FRAUD OR

17         DURESS.

18

19         (5)  Before any consent to adoption or affidavit of

20  nonpaternity is executed by a birth parent, but after the

21  birth of the child, all requirements of disclosure under s.

22  63.085 must be met.

23         (6)  A copy of each consent signed in an action for

24  termination of parental rights pending adoption must be

25  provided to each person whose consent is required under s.

26  63.062. A copy of each consent must be hand delivered, with a

27  written acknowledgement of receipt signed by the person whose

28  consent is required, or mailed by first class United States

29  mail to the address of record in the court file. If a copy of

30  a consent cannot be provided as required in this section, the

31  adoption entity must execute an acknowledgement that states

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  1  the reason the copy of the consent is undeliverable. The

  2  original consent and acknowledgment of receipt, or the

  3  acknowledgment of mailing by the adoption entity, must be

  4  filed with the petition for termination of parental rights

  5  pending adoption.

  6         (7)(5)  Consent executed under paragraph (4)(c) may be

  7  withdrawn for any reason by notifying the adoption entity in

  8  writing by certified United States mail, return receipt

  9  requested, not later than 3 business days after execution of

10  the consent or 1 business day after the date of the birth

11  mother's discharge from a licensed hospital or birth center,

12  whichever occurs later. As used in this subsection, the term

13  "business day" means a day on which the United States Post

14  Office accepts certified mail for delivery. Upon receiving

15  written notice from a person of that person's desire to

16  withdraw consent, the adoption entity must contact the

17  prospective adoptive parent to arrange a time certain for the

18  adoption entity to regain physical custody of the child,

19  unless upon motion for emergency hearing by the adoption

20  entity, the court determines in written findings that

21  placement of the minor with the person withdrawing consent may

22  endanger the minor. If the court finds that such placement may

23  endanger the minor, the court must enter an order regarding

24  continued placement of the child. The order shall include, but

25  not be limited to, whether temporary placement in foster care

26  is appropriate, whether an investigation by the Department of

27  Children and Families is recommended, and whether a relative

28  within the third degree is available for the temporary

29  placement. In addition, if the person withdrawing consent

30  claims to be the father of the minor but has not been

31  established to be the father by marriage, court order, or

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  1  scientific testing, the court may order scientific paternity

  2  testing and reserve ruling on removal of the child until the

  3  results of such testing have been filed with the court. The

  4  adoption entity must return the minor within 3 days to the

  5  physical custody of the person withdrawing consent.

  6  Thereafter, consent may be withdrawn only when the court finds

  7  that the consent was obtained by fraud or duress. An affidavit

  8  of nonpaternity may be withdrawn only if the court finds that

  9  the affidavit of nonpaternity was obtained by fraud. The

10  adoption entity must include its name, address, and telephone

11  number on the consent form.

12         Section 13.  Section 63.085, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section. See

15         s. 63.085, F.S., for present text.)

16         63.085  Disclosure by adoption entity.--

17         (1)  DISCLOSURE REQUIRED TO BIRTH PARENTS AND

18  PROSPECTIVE ADOPTIVE PARENTS.--Not later than 7 days after a

19  person seeking to adopt a minor or a person seeking to place a

20  minor for adoption contacts an adoption entity in person or

21  provides the adoption entity with a mailing address, the

22  entity must provide a written disclosure statement to that

23  person. If a birth parent did not initially contact the

24  adoption entity, the written disclosure must be provided

25  within 7 days after that birth parent is identified and

26  located. The written disclosure statement must be in

27  substantially the following form:

28

29                       ADOPTION DISCLOSURE

30

31

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  1         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

  2         PROVIDED TO ALL PERSONS CONSIDERING ADOPTION TO

  3         ADVISE THEM OF THE FOLLOWING FACTS REGARDING

  4         ADOPTION UNDER FLORIDA LAW:

  5

  6              1.  Under section 63.212, Florida

  7         Statutes, the existence of a placement or

  8         adoption contract signed by the birth parent or

  9         adoptive parent, prior approval of that

10         contract by the court, or payment of any

11         expenses permitted under Florida law does not

12         obligate anyone to sign a consent or ultimately

13         place a minor for adoption.

14              2.  Under section 63.092, Florida

15         Statutes, a favorable preliminary home study

16         and a home investigation of the prospective

17         adoptive home must be completed as required by

18         chapter 63, Florida Statutes, before the minor

19         may be placed in that home.

20              3.  Under section 63.082, Florida

21         Statutes, a consent for adoption or affidavit

22         of nonpaternity may not be signed until after

23         the birth of the minor. The consent or

24         affidavit of nonpaternity is valid and binding

25         upon execution unless withdrawn as permitted

26         under section 63.082, Florida Statutes. If the

27         minor is to be placed for adoption upon leaving

28         the hospital, the consent may not be signed

29         until 48 hours after birth or the day the birth

30         mother is released from the hospital. If the

31         minor is not placed for adoption upon leaving

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  1         the hospital, a 3-day revocation period

  2         applies. Consent may be withdrawn for any

  3         reason by notifying the adoption entity in

  4         writing. In order to withdraw consent, the

  5         written withdrawal of consent must be mailed no

  6         later than 3 business days after execution of

  7         the consent or 1 business day after the date of

  8         the birth mother's discharge from a licensed

  9         hospital or birth center, whichever occurs

10         later. The letter must be sent by certified

11         mail, return receipt requested. This is done by

12         presenting it at any United States Post Office,

13         and asking that the letter be sent by certified

14         United States mail with return receipt

15         requested. The cost of this must be paid at the

16         time of mailing and the receipt should be

17         retained as proof that consent was withdrawn in

18         a timely manner. For purposes of this chapter,

19         the term "business day" means a day on which

20         the United States Post Office accepts certified

21         mail for delivery. Upon receiving written

22         notice from a person of that person's desire to

23         withdraw consent, the adoption entity must

24         contact the prospective adoptive parent to

25         arrange a time certain to regain physical

26         custody of the child. The adoption entity must

27         return the minor within 3 days to the physical

28         custody of the person withdrawing consent.

29         Thereafter, consent may be withdrawn only if

30         the court finds that consent was obtained by

31         fraud. An affidavit of nonpaternity, once

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  1         executed, may be withdrawn only if the court

  2         finds that it was obtained by fraud.

  3              4.  Under section 63.082, Florida

  4         Statutes, a person who signs a consent or

  5         affidavit of nonpaternity for adoption must be

  6         given reasonable notice of his or her right to

  7         select a person who does not have a

  8         partnership, employment, agency, or other

  9         professional or personal relationship with the

10         adoption entity or the prospective adoptive

11         parents to be present when the consent or

12         affidavit of nonpaternity is executed and to

13         sign the consent or affidavit as a witness.

14              5.  Under section 63.088, Florida

15         Statutes, specific and extensive efforts are

16         required by law to attempt to obtain the

17         consents required under section 63.062, Florida

18         Statutes. If these efforts are unsuccessful, an

19         order terminating parental rights pending

20         adoption may not be issued by the court until

21         those requirements have been met and an

22         affidavit of service has been filed with the

23         court.

24              6.  Under Florida law, an intermediary may

25         represent the legal interests of only the

26         adoptive parents, not of any birth parent. Each

27         person whose consent to an adoption is required

28         under section 63.062, Florida Statutes,

29         including each birth parent, is entitled to

30         seek independent legal advice and

31

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  1         representation before signing any document or

  2         surrendering parental rights.

  3              7.  Under section 63.089, Florida

  4         Statutes, the termination of parental rights

  5         will occur simultaneously with the entry of a

  6         judgment terminating parental rights pending

  7         adoption.

  8              8.  Under section 63.182, Florida

  9         Statutes, an action or proceeding of any kind

10         to vacate, set aside, or otherwise nullify an

11         order of adoption or an underlying order

12         terminating parental rights pending adoption on

13         any ground, including fraud or duress, must be

14         filed within 1 year after entry of the order

15         terminating parental rights pending adoption.

16              9.  Under section 63.182, Florida

17         Statutes, for 1 year after the entry of a

18         judgment of adoption, any irregularity or

19         procedural defect in the adoption proceeding

20         may be the subject of an appeal contesting the

21         validity of the judgment.

22              10.  Under section 63.089, Florida

23         Statutes, a judgment terminating parental

24         rights pending adoption is voidable and any

25         later judgment of adoption of that minor is

26         voidable if, upon the motion of a birth parent,

27         the court finds that any person knowingly gave

28         false information that prevented the birth

29         parent from timely making known his or her

30         desire to assume parental responsibilities

31         toward the minor or meeting the requirements

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  1         under chapter 63, Florida Statutes, to exercise

  2         his or her parental rights. A motion under

  3         section 63.089, Florida Statutes, must be filed

  4         with the court originally entering the

  5         judgment. The motion must be filed within a

  6         reasonable time, but not later than 1 year

  7         after the date the judgment to which the motion

  8         is directed was entered.

  9              11.  Under section 63.165, Florida

10         Statutes, the State of Florida maintains a

11         registry of adoption information. Information

12         about the registry is available from the

13         Department of Children and Family Services.

14              12.  Under section 63.032, Florida

15         Statutes, a court may find that a birth parent

16         has abandoned his or her child based on conduct

17         during the pregnancy or based on conduct after

18         the child is born. In addition, under section

19         63.089, Florida Statutes, the failure of a

20         birth parent to respond to notices of

21         proceedings involving his or her child shall

22         result in termination of parental rights of a

23         birth parent. A lawyer can explain what a birth

24         parent must do to protect his or her parental

25         rights. Any birth parent wishing to protect his

26         or her parental rights should act IMMEDIATELY.

27              13.  Each birth parent and adoptive parent

28         is entitled to independent legal advice and

29         representation. Attorney information may be

30         obtained from the yellow pages, The Florida

31

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  1         Bar's lawyer referral service, and local legal

  2         aid offices and bar associations.

  3              14.  There are counseling services

  4         available in the community to assist in making

  5         a parenting decision. Consult the yellow pages

  6         of the telephone directory.

  7              15.  Medical and social services support

  8         is available if the birth parent wishes to

  9         retain parental rights and responsibilities.

10         Consult the Department of Children and Family

11         Services.

12

13         (2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity

14  must obtain a written statement acknowledging receipt of the

15  disclosure required under subsection (1) and signed by the

16  persons receiving the disclosure or, if it is not possible to

17  obtain such an acknowledgement, the adoption entity must

18  execute an affidavit stating why an acknowledgement could not

19  be obtained. A copy of the acknowledgement of receipt of the

20  disclosure must be provided to the person signing it. A copy

21  of the acknowledgement or affidavit executed by the adoption

22  entity in lieu of the acknowledgement must be maintained in

23  the file of the adoption entity. The original acknowledgement

24  or affidavit must be filed with the court. In the case of a

25  disclosure provided under subsection (1), the original

26  acknowledgement or affidavit must be included in the

27  preliminary home study required in s. 63.092(3).

28         (3)  POSTBIRTH DISCLOSURE TO BIRTH PARENTS.--Before

29  execution of any consent to adoption by a birth parent, but

30  after the birth of the minor, all requirements of subsections

31  (1) and (2) for making certain disclosures to a birth parent

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  1  and obtaining a written acknowledgment of receipt must be

  2  repeated.

  3         Section 14.  Section 63.087, Florida Statutes, is

  4  created to read:

  5         63.087  Proceeding to terminate parental rights pending

  6  adoption; general provisions.--

  7         (1)  INTENT.--It is the intent of the Legislature to

  8  provide a proceeding in which the court determines whether a

  9  minor is legally available for adoption through a separate

10  proceeding to address termination of parental rights prior to

11  the filing of a petition for adoption.

12         (2)  GOVERNING RULES.--The Florida Family Law Rules of

13  Procedure govern a proceeding to terminate parental rights

14  pending adoption unless otherwise provided by law.

15         (3)  JURISDICTION.--A court of this state which is

16  competent to decide child welfare or custody matters has

17  jurisdiction to hear all matters arising from a proceeding to

18  terminate parental rights pending adoption. All subsequent

19  proceedings for the adoption of the minor, if the petition for

20  termination is granted, must be conducted by the same judge as

21  these proceedings whenever possible.

22         (4)  VENUE.--A petition to terminate parental rights

23  pending adoption must be filed in the county where the child

24  resided for the prior 6 months or, if the child is younger

25  than 6 months of age, in the county where the birth mother or

26  birth father resided at the time of the execution of the

27  consent to adoption or the affidavit of nonpaternity, or, if

28  there is no consent or affidavit of nonpaternity executed by a

29  birth parent, in the county where the birth mother resides.

30         (5)  PREREQUISITE FOR ADOPTION.--A petition for

31  adoption may not be filed until 30 days after the date the

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  1  judge signed the judgment terminating parental rights pending

  2  adoption under this chapter, unless the adoptee is an adult or

  3  the minor has been the subject of a judgment terminating

  4  parental rights under chapter 39.

  5         (6)  PETITION.--

  6         (a)  A proceeding seeking to terminate parental rights

  7  pending adoption pursuant to this chapter must be commenced by

  8  the filing of an original petition after the birth of the

  9  minor.

10         (b)  The petition may be filed by a birth parent or

11  legal guardian of the minor.

12         (c)  The petition must be entitled: "In the Matter of

13  the Proposed Adoption of a Minor Child."

14         (d)  If a petition for a declaratory statement under s.

15  63.102 has previously been filed, a subsequent petition to

16  terminate parental rights pending adoption may, at the request

17  of any party or on the court's own motion, be consolidated

18  with that previous action. If the petition to terminate

19  parental rights pending adoption is consolidated with a prior

20  petition filed under this chapter for which a filing fee has

21  been paid, the petitioner may not be charged a subsequent or

22  additional filing fee.

23         (e)  The petition to terminate parental rights pending

24  adoption must be in writing and signed by the petitioner under

25  oath stating the petitioner's good faith in filing the

26  petition. A written consent, affidavit of nonpaternity, or

27  affidavit of due diligence under s. 63.088, for each person

28  whose consent is required under s. 63.062, must be attached.

29         (f)  The petition must include:

30         1.  The minor's name, gender, date of birth, and place

31  of birth. The petition must contain all names by which the

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  1  minor is or has been known, including the minor's legal name

  2  at the time of the filing of the petition, to allow interested

  3  parties to the action, including birth parents, legal

  4  guardians, persons with custodial or visitation rights to the

  5  minor, and persons entitled to notice pursuant to the Uniform

  6  Child Custody Jurisdiction Act or the Indian Child Welfare

  7  Act, to identify their own interest in the action.

  8         2.  If the petition is filed before the day the minor

  9  is 6 months old and if the identity or location of the birth

10  father is unknown, each city in which the birth mother resided

11  or traveled during the 12 months prior to the minor's birth,

12  including the county and state in which that city is located.

13         3.  Unless the consent of each person whose consent is

14  required under s. 63.062 or an affidavit of nonpaternity is

15  attached to the petition, the name and address or, if a

16  specific address is unknown, the city, including the county

17  and state in which that city is located, of:

18         a.  The minor's mother;

19         b.  Any man whom the mother reasonably believes may be

20  the minor's father; and

21         c.  Any legal custodian of the minor.

22

23  If a required name or address is not known, the petition must

24  so state.

25         4.  All information required by the Uniform Child

26  Custody Jurisdiction Act and the Indian Child Welfare Act.

27         5.  A statement of the grounds under s. 63.089 upon

28  which the petition is based.

29         6.  The name, address, and telephone number of any

30  adoption entity seeking to place the minor for adoption.

31

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  1         7.  The name, address, and phone number of the division

  2  of the circuit court in which the petition is to be filed.

  3         (7)  ANSWER NOT REQUIRED.--An answer to the petition or

  4  any pleading need not be filed by any minor, parent, or legal

  5  custodian, but any matter that might be set forth in an answer

  6  or other pleading may be pleaded orally before the court or

  7  filed in writing as any such person may choose.

  8  Notwithstanding the filing of any answer or any pleading, any

  9  person present at the hearing to terminate parental rights

10  pending adoption whose consent to adoption is required under

11  s. 63.062 must:

12         (a)  Be advised by the court that he or she has a right

13  to ask that the hearing be reset for a later date so that the

14  person may consult with an attorney;

15         (b)  Be given an opportunity to deny the allegations in

16  the petition; and

17         (c)  Be given the opportunity to challenge the validity

18  of any consents or affidavits of nonpaternity signed by any

19  person.

20         Section 15.  Section 63.088, Florida Statutes, is

21  created to read:

22         63.088  Proceeding to terminate parental rights pending

23  adoption; notice and service.--

24         (1)  INITIATE LOCATION AND IDENTIFICATION

25  PROCEDURES.--When the location or identity of a person whose

26  consent to an adoption is required but is not known, the

27  adoption entity must begin the inquiry and diligent search

28  process required by this section not later than 7 days after

29  the date on which the person seeking to place a minor for

30  adoption has evidenced in writing to the entity a desire to

31  place the minor for adoption with that entity or not later

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  1  than 7 days after the date any money is provided as permitted

  2  under this chapter by the adoption entity for the benefit of

  3  the person seeking to place a minor for adoption.

  4         (2)  LOCATION AND IDENTITY KNOWN.--Before the court may

  5  determine that a minor is available for adoption, and in

  6  addition to the other requirements set forth in this chapter,

  7  each person whose consent is required under s. 63.062, who has

  8  not executed an affidavit of nonpaternity, and whose location

  9  and identity has been determined by compliance with the

10  procedures in this section must be personally served, pursuant

11  to chapter 48, at least 30 days before the hearing with a copy

12  of the petition to terminate parental rights pending adoption

13  and with notice in substantially the following form:

14

15                  NOTICE OF PETITION AND HEARING

16          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

17

18         A petition to terminate parental rights pending

19         adoption has been filed. A copy of the petition

20         is being served with this notice. There will be

21         a hearing on the petition to terminate parental

22         rights pending adoption on ... (date) ... at

23         ... (time) ... before ... (judge) ... at ...

24         (location, including complete name and street

25         address of the courthouse) .... The court has

26         set aside ... (amount of time) ... for this

27         hearing.

28

29         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

30         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

31         THE COURT OR TO APPEAR AT THIS HEARING

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  1         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

  2         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

  3         THE MINOR CHILD.

  4

  5         (3)  REQUIRED INQUIRY.--In all cases filed under this

  6  section, the court must conduct the following inquiry of the

  7  person who is placing the minor for adoption and of any

  8  relative or custodian of the minor who is present at the

  9  hearing and likely to have the following information:

10         (a)  Whether the mother of the minor was married at any

11  time when conception of the minor may have occurred or at the

12  time of the birth of the minor;

13         (b)  Whether the mother was cohabiting with a male at

14  any time when conception of the minor may have occurred;

15         (c)  Whether the mother has received payments or

16  promises of support with respect to the minor or, because of

17  her pregnancy, from any person she has reason to believe may

18  be the father;

19         (d)  Whether the mother has named any person as the

20  father on the birth certificate of the minor or in connection

21  with applying for or receiving public assistance;

22         (e)  Whether any person has acknowledged or claimed

23  paternity of the minor; and

24         (f)  Whether the mother knows the identity of any

25  person whom she has reason to believe may be the father.

26

27  The information required under this subsection may be provided

28  to the court in the form of a sworn affidavit by a person

29  having personal knowledge of the facts, addressing each

30  inquiry enumerated in this subsection. The inquiry required

31

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  1  under this subsection may be conducted before the birth of the

  2  minor.

  3         (4)  LOCATION UNKNOWN; IDENTITY DETERMINED.--If the

  4  inquiry by the court under subsection (3) identifies any

  5  person whose consent is required under s. 63.062 and who has

  6  not executed an affidavit of nonpaternity, and the location of

  7  the person from whom consent is required is unknown, the

  8  adoption entity must conduct a diligent search for that person

  9  which must include the following inquiries:

10         (a)  The person's current address, or any previous

11  address, through an inquiry of the United States Post Office

12  through the Freedom of Information Act;

13         (b)  The last known employment of the person, including

14  the name and address of the person's employer. Inquiry should

15  be made of the last known employer as to any address to which

16  wage and earnings statements (W-2 forms) of the person have

17  been mailed. Inquiry should be made of the last known employer

18  as to whether the person is eligible for a pension or

19  profit-sharing plan and any address to which pension or other

20  funds have been mailed;

21         (c)  Union memberships the person may have held or

22  unions that governed the person's particular trade or craft in

23  the area where the person last resided;

24         (d)  Regulatory agencies, including those regulating

25  licensing in the area where the person last resided;

26         (e)  Names and addresses of relatives to the extent

27  such can be reasonably obtained from the petitioner or other

28  sources, contacts with those relatives, and inquiry as to the

29  person's last known address. The petitioner shall pursue any

30  leads of any addresses where the person may have moved.

31  Relatives include, but are not limited to, parents, brothers,

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  1  sisters, aunts, uncles, cousins, nieces, nephews,

  2  grandparents, great grandparents, former in-laws, stepparents,

  3  and stepchildren;

  4         (f)  Information as to whether or not the person may

  5  have died, and if so, the date and location;

  6         (g)  Telephone listings in the area where the person

  7  last resided;

  8         (h)  Inquiries of law enforcement agencies in the area

  9  where the person last resided;

10         (i)  Highway patrol records in the state where the

11  person last resided;

12         (j)  Department of Corrections records in the state

13  where the person last resided;

14         (k)  Hospitals in the area where the person last

15  resided;

16         (l)  Records of utility companies, including water,

17  sewer, cable TV, and electric companies in the area where the

18  person last resided;

19         (m)  Records of the Armed Forces of the United States

20  as to whether there is any information as to the person;

21         (n)  Records of the tax assessor and tax collector in

22  the area where the person last resided; and

23         (o)  Search of one Internet data bank locator service.

24

25  Any person contacted by a petitioner who is requesting

26  information pursuant to this subsection must release the

27  requested information to the petitioner, except when

28  prohibited by law, without the necessity of a subpoena or

29  court order. An affidavit of diligent search executed by the

30  petitioner and the adoption entity must be filed with the

31  court confirming completion of each aspect of the diligent

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  1  search enumerated in this subsection and specifying the

  2  results. The diligent search required under this subsection

  3  may be conducted before the birth of the minor.

  4         (5)  LOCATION NOT DETERMINED OR IDENTITY UNKNOWN.--This

  5  subsection only applies if, as to any person whose consent is

  6  required under s. 63.062 and who has not executed an affidavit

  7  of nonpaternity, the location or identity of the person is

  8  unknown and the inquiry under subsection (3) fails to identify

  9  the person or the due diligence search under subsection (4)

10  fails to locate the person. The unlocated or unidentified

11  person must be served notice under subsection (2), of the

12  petition and hearing to terminate parental rights pending

13  adoption by constructive service in the manner provided in

14  chapter 49 in each county identified in the petition, as

15  provided in s. 63.087(6). The notice, in addition to all

16  information required in the petition under s. 63.087(6) and

17  chapter 49, must contain a physical description, including,

18  but not limited to, age, race, hair and eye color, and

19  approximate height and weight of the minor's mother and of any

20  person the mother reasonably believes may be the father; the

21  minor's date of birth; and any date and city, including the

22  county and state in which the city is located, in which

23  conception may have occurred. If any of the facts that must be

24  included in the petition under this subsection are unknown and

25  cannot be reasonably ascertained, the petition must so state.

26         Section 16.  Section 63.089, Florida Statutes, is

27  created to read:

28         63.089  Proceeding to terminate parental rights pending

29  adoption.--

30         (1)  HEARING.--The court may terminate parental rights

31  pending adoption only after a full evidentiary hearing.

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  1         (2)  HEARING PREREQUISITES.--The court may hold the

  2  hearing only when:

  3         (a)  For each person whose consent is required under s.

  4  63.062:

  5         1.  A consent under s. 63.082 has been executed and

  6  filed with the court;

  7         2.  An affidavit of nonpaternity under s. 63.082 has

  8  been executed and filed with the court; or

  9         3.  Notice has been provided under ss. 63.087 and

10  63.088;

11         (b)  For each notice and petition that must be served

12  under ss. 63.087 and 63.088:

13         1.  At least 30 days have elapsed since the date of

14  personal service and an affidavit of service has been filed

15  with the court;

16         2.  At least 60 days have elapsed since the first date

17  of publication of constructive service and an affidavit of

18  service has been filed with the court; or

19         3.  An affidavit of nonpaternity which affirmatively

20  waives service has been executed and filed with the court;

21         (c)  The minor named in the petition has been born; and

22         (d)  The petition contains all information required

23  under s. 63.087 and all affidavits of inquiry, due diligence,

24  and service required under s. 63.088 have been obtained and

25  filed with the court.

26         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

27  ADOPTION.--The court may issue a judgment terminating parental

28  rights pending adoption if the court determines by clear and

29  convincing evidence that each person whose consent to an

30  adoption is required under s. 63.062:

31

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  1         (a)  Has executed a valid consent that has not been

  2  withdrawn under s. 63.082 and the consent was obtained

  3  according to the requirements of this chapter;

  4         (b)  Has executed an affidavit of nonpaternity and the

  5  affidavit was obtained according to the requirements of this

  6  chapter;

  7         (c)  Has been properly served notice of the proceeding

  8  in accordance with the requirements of this chapter and has

  9  failed to file a written answer or appear at the evidentiary

10  hearing resulting in the order terminating parental rights

11  pending adoption;

12         (d)  Has abandoned the minor as abandonment is defined

13  in s. 63.032(14);

14         (e)  Is a parent of the person to be adopted, which

15  parent has been judicially declared incapacitated with

16  restoration of competency found to be medically improbable;

17         (f)  Is a legal guardian or lawful custodian of the

18  person to be adopted, other than a parent, who has failed to

19  respond in writing to a request for consent for a period of 60

20  days or, after examination of his or her written reasons for

21  withholding consent, is found by the court to be withholding

22  his or her consent unreasonably; or

23         (g)  Is the spouse of the person to be adopted who has

24  failed to consent, and the failure of the spouse to consent to

25  the adoption is excused by reason of prolonged and unexplained

26  absence, unavailability, incapacity, or circumstances that are

27  found by the court to constitute unreasonable withholding of

28  consent.

29         (4)  FINDING OF ABANDONMENT.--A finding of abandonment

30  resulting in a termination of parental rights must be based

31  upon clear and convincing evidence. A finding of abandonment

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  1  may not be based upon a lack of emotional support to a birth

  2  mother during her pregnancy.

  3         (a)  In making a determination of abandonment the court

  4  must consider:

  5         1.  Whether the actions alleged to constitute

  6  abandonment demonstrate a willful disregard for the safety of

  7  the child or unborn child;

  8         2.  Whether other persons prevented the person alleged

  9  to have abandoned the child from making the efforts referenced

10  in this subsection;

11         3.  Whether the person alleged to have abandoned the

12  child, while being able, refused to provide financial support

13  when such support was requested by the child's legal guardian

14  or custodian;

15         4.  Whether the person alleged to have abandoned the

16  child, while being able, refused to pay for medical treatment

17  when such payment was requested by the child's legal guardian

18  or custodian and those expenses were not covered by insurance

19  or other available sources;

20         5.  Whether the amount of support provided or medical

21  expenses paid was appropriate, taking into consideration the

22  needs of the child and relative means and resources available

23  to the person alleged to have abandoned the child and

24  available to the child's legal guardian or custodian during

25  the period the child allegedly was abandoned; and

26         6.  Whether the child's legal guardian or custodian

27  made the child's whereabouts known to the person alleged to

28  have abandoned the child; advised that person of the needs of

29  the child or the needs of the mother of an unborn child with

30  regard to the pregnancy; or informed that person of events

31

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  1  such as medical appointments and tests relating to the child

  2  or, if unborn, the pregnancy.

  3         (b)  The child has been abandoned when the parent of a

  4  child is incarcerated on or after October 1, 1999, in a state

  5  or federal correctional institution and sentenced to a term of

  6  incarceration of 8 years or longer, regardless of how long the

  7  person is actually incarcerated under that sentence or how

  8  long the person will be incarcerated after October 1, 1999,

  9  and:

10         1.  The period of time for which the parent is expected

11  to be incarcerated will constitute a substantial portion of

12  the period of time before the child will attain the age of 18

13  years;

14         2.  The incarcerated parent has been determined by the

15  court to be a violent career criminal as defined in s.

16  775.084, a habitual violent felony offender as defined in s.

17  775.084, or a sexual predator as defined in s. 775.21; has

18  been convicted of first-degree murder or second-degree murder

19  in violation of s. 782.04 or a sexual battery that constitutes

20  a capital felony, life felony, or first-degree felony

21  violation of s. 794.011; or has been convicted of an offense

22  that is substantially similar in elements and penalties to one

23  of those listed in this subparagraph and that is in violation

24  of a law of another state, the District of Columbia, the

25  United States or any of its possessions or territories, or any

26  foreign jurisdiction; and

27         3.  The court determines by clear and convincing

28  evidence that continuing the parental relationship with the

29  incarcerated parent would be harmful to the child and, for

30  this reason, that termination of the parental rights of the

31  incarcerated parent is in the best interest of the child.

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  1         (c)  The only conduct of a father toward a mother

  2  during pregnancy that the court may consider in determining

  3  whether the child has been abandoned is conduct that occurred

  4  after reasonable and diligent efforts have been made to inform

  5  the father that he is, or may be, the father of the child.

  6         (5)  DISMISSAL OF CASE WITH PREJUDICE.--If the court

  7  does not find by clear and convincing evidence that parental

  8  rights of a birth parent should be terminated pending

  9  adoption, the court must dismiss the case with prejudice and

10  that birth parent's parental rights remain in full force under

11  the law. Parental rights may not be terminated based upon a

12  consent that the court finds has been timely withdrawn under

13  s. 63.082 or a consent or affidavit of nonpaternity that the

14  court finds was obtained by fraud. The court must enter an

15  order based upon written findings providing for the placement

16  of the minor. The court may order scientific testing to

17  determine the paternity of the minor at any time during which

18  the court has jurisdiction over the minor. Further

19  proceedings, if any, regarding the minor must be brought in a

20  separate custody action under chapter 61, a dependency action

21  under chapter 39, or a paternity action under chapter 742.

22         (6)  A JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

23  ADOPTION.--

24         (a)  The judgment terminating parental rights pending

25  adoption must be in writing and contain findings of fact as to

26  the grounds for terminating parental rights pending adoption.

27         (b)  The clerk of the court shall mail a copy of the

28  judgment within 24 hours after filing to the department, the

29  petitioner, and the respondent. The clerk shall execute a

30  certificate of each mailing.

31

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  1         (c)  A judgment terminating parental rights pending

  2  adoption is voidable and any later judgment of adoption of

  3  that minor is voidable if, upon the motion of a birth parent,

  4  the court finds that a person knowingly gave false information

  5  that prevented the birth parent from timely making known his

  6  or her desire to assume parental responsibilities toward the

  7  minor or meeting the requirements under this chapter to

  8  exercise his or her parental rights. A motion under this

  9  paragraph must be filed with the court originally entering the

10  judgment. The motion must be filed within a reasonable time,

11  but not later than 1 year after the date the termination of

12  parental rights final order was entered.

13         (d)  Not later than 30 days after the filing of a

14  motion under this subsection, the court must conduct a

15  preliminary hearing to determine what contact, if any, shall

16  be permitted between a birth parent and the child pending

17  resolution of the motion. Such contact shall only be

18  considered if it is requested by a birth parent who has

19  appeared at the hearing. If the court orders contact between a

20  birth parent and child, the order must be issued in writing as

21  expeditiously as possible and must state with specificity any

22  provisions regarding contact with persons other than those

23  with whom the child resides.

24         (e)  At the preliminary hearing, the court, upon the

25  motion of any party or its own motion, may order scientific

26  testing to determine the paternity of the minor if the person

27  seeking to set aside the judgment is alleging to be the

28  child's birth father and that fact has not previously been

29  determined by legitimacy or scientific testing. The court may

30  order supervised visitation with a person from whom scientific

31  testing for paternity has been ordered conditional upon the

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  1  filing of those test results with the court and such results

  2  establish that person's paternity of the minor.

  3         (f)  No later than 45 days after the preliminary

  4  hearing, the court must conduct a final hearing on the motion

  5  to set aside the judgment and issue its written order as

  6  expeditiously as possible thereafter.

  7         (7)  RECORDS; CONFIDENTIAL INFORMATION.--All records

  8  pertaining to a petition to terminate parental rights pending

  9  adoption are records related to the subsequent adoption of the

10  minor and are subject to the provisions of s. 63.162, as such

11  provisions apply to records of an adoption proceeding. The

12  confidentiality provisions of this chapter do not apply to the

13  extent information regarding persons or proceedings must be

14  made available as specified under s. 63.088.

15         Section 17.  Section 63.092, Florida Statutes, 1998

16  Supplement, is amended to read:

17         63.092  Report to the court of intended placement by an

18  intermediary; preliminary study.--

19         (1)  REPORT TO THE COURT.--The adoption entity

20  intermediary must report any intended placement of a minor for

21  adoption with any person not related within the third degree

22  or a stepparent if the adoption entity intermediary has

23  knowledge of, or participates in, such intended placement. The

24  report must be made to the court before the minor is placed in

25  the home.

26         (2)  AT-RISK PLACEMENT.--If the minor is placed in the

27  prospective adoptive home before the parental rights of the

28  minor's birth parents are terminated under s. 63.089, the

29  placement is an at-risk placement. If the placement is an

30  at-risk placement, the prospective adoptive parents must

31  acknowledge in writing before the minor may be placed in the

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  1  prospective adoptive home that the placement is at risk and

  2  that the minor is subject to removal from the prospective

  3  adoptive home by the adoption entity or by court order.

  4         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

  5  minor in the intended adoptive home, a preliminary home study

  6  must be performed by a licensed child-placing agency, a

  7  licensed professional, or agency described in s. 61.20(2),

  8  unless the petitioner is a stepparent, a spouse of the birth

  9  parent, or a relative.  The preliminary study shall be

10  completed within 30 days after the receipt by the court of the

11  adoption entity's intermediary's report, but in no event may

12  the minor child be placed in the prospective adoptive home

13  prior to the completion of the preliminary study unless

14  ordered by the court.  If the petitioner is a stepparent, a

15  spouse of the birth parent, or a relative, the preliminary

16  home study may be required by the court for good cause shown.

17  The department is required to perform the preliminary home

18  study only if there is no licensed child-placing agency,

19  licensed professional, or agency described in s. 61.20(2), in

20  the county where the prospective adoptive parents reside.  The

21  preliminary home study must be made to determine the

22  suitability of the intended adoptive parents and may be

23  completed prior to identification of a prospective adoptive

24  minor child.  A favorable preliminary home study is valid for

25  1 year after the date of its completion.  A minor may child

26  must not be placed in an intended adoptive home before a

27  favorable preliminary home study is completed unless the

28  adoptive home is also a licensed foster home under s. 409.175.

29  The preliminary home study must include, at a minimum:

30         (a)  An interview with the intended adoptive parents;

31

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  1         (b)  Records checks of the department's central abuse

  2  registry and criminal records correspondence checks pursuant

  3  to s. 435.045 through the Department of Law Enforcement on the

  4  intended adoptive parents;

  5         (c)  An assessment of the physical environment of the

  6  home;

  7         (d)  A determination of the financial security of the

  8  intended adoptive parents;

  9         (e)  Documentation of counseling and education of the

10  intended adoptive parents on adoptive parenting;

11         (f)  Documentation that information on adoption and the

12  adoption process has been provided to the intended adoptive

13  parents;

14         (g)  Documentation that information on support services

15  available in the community has been provided to the intended

16  adoptive parents; and

17         (h)  A copy of each the signed acknowledgement

18  statement required by s. 63.085; and

19         (i)  A copy of the written acknowledgment required by

20  s. 63.085(1).

21

22  If the preliminary home study is favorable, a minor may be

23  placed in the home pending entry of the judgment of adoption.

24  A minor may not be placed in the home if the preliminary home

25  study is unfavorable.  If the preliminary home study is

26  unfavorable, the intermediary or petitioner may, within 20

27  days after receipt of a copy of the written recommendation,

28  petition the court to determine the suitability of the

29  intended adoptive home.  A determination as to suitability

30  under this subsection does not act as a presumption of

31  suitability at the final hearing.  In determining the

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  1  suitability of the intended adoptive home, the court must

  2  consider the totality of the circumstances in the home.

  3         Section 18.  Section 63.097, Florida Statutes, is

  4  amended to read:

  5         63.097  Fees.--

  6         (1)  The following fees, costs, and expenses may be

  7  assessed by the adoption entity or paid by the adoption entity

  8  on behalf of the prospective adoptive parents:

  9         (a)  Reasonable living expenses of the birth mother

10  which the birth mother is unable to pay due to involuntary

11  unemployment, medical disability due to the pregnancy which is

12  certified by a medical professional who has examined the birth

13  mother, or any other disability defined in s. 110.215.

14  Reasonable living expenses are rent, utilities, basic

15  telephone service, food, necessary clothing, transportation,

16  and items included in the affidavit filed under s. 63.132 and

17  found by the court to be necessary for the health of the

18  unborn child.

19         (b)  Reasonable and necessary medical expenses.

20         (c)  Expenses necessary to comply with the requirements

21  of this chapter including, but not limited to, service of

22  process under s. 63.088, a due diligence search under s.

23  63.088, a preliminary home study under s. 63.092, and a final

24  home study under s. 63.125.

25         (d)  Court filing expenses, court costs, and other

26  litigation expenses.

27         (e)  Costs associated with advertising under s.

28  63.212(1)(h).

29         (f)  The following professional fees:

30

31

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  1         1.  A reasonable hourly fee necessary to provide legal

  2  representation to the adoptive parents in a proceeding filed

  3  under this chapter.

  4         2.  A reasonable hourly fee for contact with the birth

  5  parent related to the adoption. In determining a reasonable

  6  hourly fee under this subparagraph, the court must consider if

  7  the tasks done were clerical or of such a nature that the

  8  matter could have been handled by support staff at a lesser

  9  rate than the rate for legal representation charged under

10  subparagraph 1. Tasks of such nature include, but need not be

11  limited to, tasks such as transportation, transmitting funds,

12  arranging appointments, and securing accommodations. This does

13  not include obtaining a birth parent's signature on any

14  document.

15         3.  A reasonable hourly fee for counseling services

16  provided to a birth parent or adoptive parent by a

17  psychologist licensed under chapter 490 or a clinical social

18  worker, marriage and family therapist, or mental health

19  counselor licensed under chapter 491.

20         (2)  Prior approval of the court is not required until

21  the cumulative total of amounts permitted under subsection (1)

22  exceeds:

23         (a)  $2,500 in legal or other fees;

24         (b)  $500 in court costs; or

25         (c)  $3,000 in expenditures.

26         (3)  Any fees, costs, or expenditures not included in

27  subsection (1) or prohibited under subsection (4) require

28  court approval prior to payment and must be based on a finding

29  of extraordinary circumstances.

30         (4)  The following fees, costs, and expenses are

31  prohibited:

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  1         1.  Any fee or expense that constitutes payment for

  2  locating a minor for adoption.

  3         2.  Cumulative expenses in excess of a total of $500

  4  related to the minor, the pregnancy, a birth parent, or

  5  adoption proceeding which are incurred prior to the date the

  6  prospective adoptive parent retains the adoption entity.

  7         3.  Any lump-sum payment to the entity which is

  8  nonrefundable directly to the payor or which is not itemized

  9  on the affidavit filed under s. 63.132.

10         4.  Any fee on the affidavit which does not specify the

11  service that was provided and for which the fee is being

12  charged, such as a fee for facilitation, acquisition, or other

13  similar service, or which does not identify the date the

14  service was provided, the time required to provide the

15  service, the person or entity providing the service, and the

16  hourly fee charged.

17         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

18  $1,000 and those costs as set out in s. 63.212(1)(d) over

19  $2,500, paid to an intermediary other than actual, documented

20  medical costs, court costs, and hospital costs must be

21  approved by the court prior to assessment of the fee by the

22  intermediary and upon a showing of justification for the

23  larger fee.

24         (5)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--When an

25  intermediary uses the services of a licensed child-placing

26  agency, a professional, any other person or agency pursuant to

27  s. 63.092, or, if necessary, the department, the person

28  seeking to adopt the child must pay the licensed child-placing

29  agency, professional, other person or agency, or the

30  department an amount equal to the cost of all services

31  performed, including, but not limited to, the cost of

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  1  conducting the preliminary home study, counseling, and the

  2  final home investigation.  The court, upon a finding that the

  3  person seeking to adopt the child is financially unable to pay

  4  that amount, may order that such person pay a lesser amount.

  5         Section 19.  Section 63.102, Florida Statutes, is

  6  amended to read:

  7         63.102  Filing of petition; venue; proceeding for

  8  approval of fees and costs.--

  9         (1)  After a court order terminating parental rights

10  has been issued, a proceeding for adoption may shall be

11  commenced by filing a petition entitled, "In the Matter of the

12  Adoption of ...." in the circuit court.  The person to be

13  adopted shall be designated in the caption in the name by

14  which he or she is to be known if the petition is granted.  If

15  the child is placed for adoption by an agency, Any name by

16  which the minor child was previously known may shall not be

17  disclosed in the petition, the notice of hearing, or the

18  judgment of adoption.

19         (2)  A petition for adoption or for a declaratory

20  statement as to the adoption contract shall be filed in the

21  county where the petitioner or petitioners or the minor child

22  resides or where the agency or intermediary with in which the

23  minor child has been placed is located.

24         (3)  Except for adoptions involving placement of a

25  minor child with a relative within the third degree of

26  consanguinity, a petition for adoption in an adoption handled

27  by an intermediary shall be filed within 30 working days after

28  placement of a minor child with a parent seeking to adopt the

29  minor child.  If no petition is filed within 30 days, any

30  interested party, including the state, may file an action

31

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  1  challenging the prospective adoptive parent's physical custody

  2  of the minor child.

  3         (4)  If the filing of the petition for adoption or for

  4  a declaratory statement as to the adoption contract in the

  5  county where the petitioner or minor child resides would tend

  6  to endanger the privacy of the petitioner or minor child, the

  7  petition for adoption may be filed in a different county,

  8  provided the substantive rights of any person will not thereby

  9  be affected.

10         (5)  A proceeding for prior approval of fees and costs

11  may be commenced any time after an agreement is reached

12  between the birth mother and the adoptive parents by filing a

13  petition for declaratory statement on the agreement entitled

14  "In the Matter of the Proposed Adoption of a Minor Child" in

15  the circuit court.

16         (a)  The petition must be filed jointly by the adoption

17  entity and each person who enters into the agreement.

18         (b)  A contract for the payment of fees, costs, and

19  expenditures permitted under this chapter must be in writing,

20  and any person who enters into the contract has 3 business

21  days in which to cancel the contract. To cancel the contract,

22  the person must notify the adoption entity in writing by

23  certified United States mail, return receipt requested, no

24  later than 3 business days after signing the contract. For the

25  purposes of this subsection, the term "business day" means a

26  day on which the United States Post Office accepts certified

27  mail for delivery. If the contract is canceled within the

28  first 3 business days, the person who cancels the contract

29  does not owe any legal, intermediary, or other fees, but may

30  be responsible for the adoption entity's actual costs during

31  that time.

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  1         (c)  The court may grant prior approval only of fees

  2  and expenditures permitted under s. 63.097. A prior approval

  3  of prospective fees and costs does not create a presumption

  4  that these items will subsequently be approved by the court

  5  under s. 63.132 unless such a finding is supported by the

  6  evidence submitted at that time. The court retains

  7  jurisdiction to order an adoption entity to refund to the

  8  person who enters into the contract any sum or portion of a

  9  sum preapproved under this subsection if, upon submission of a

10  complete accounting of fees, costs, and expenses in an

11  affidavit required under s. 63.132, the court finds the fees,

12  costs, and expenses actually incurred to be less than the sums

13  approved prospectively under this subsection.

14         (d)  The contract may not require, and the court may

15  not approve, any lump-sum payment to the entity which is

16  nonrefundable to the payor or any amount that constitutes

17  payment for locating a minor for adoption.

18         (e)  If a petition for adoption is filed under this

19  section subsequent to the filing of a petition for a

20  declaratory statement or a petition to terminate parental

21  rights pending adoption, the previous petition may, at the

22  request of any party or on the court's own motion, be

23  consolidated with the petition for adoption. If the petition

24  for adoption is consolidated with a prior petition filed under

25  this chapter for which a filing fee has been paid, the

26  petitioner may not be charged any subsequent or additional

27  filing fee.

28         (f)  Prior approval of fees and costs by the court does

29  not obligate the birth parent to ultimately relinquish the

30  minor for adoption. If a petition for adoption is subsequently

31

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  1  filed, the petition for declaratory statement and the petition

  2  for adoption must be consolidated into one case.

  3         Section 20.  Section 63.112, Florida Statutes, is

  4  amended to read:

  5         63.112  Petition for adoption; description; report or

  6  recommendation, exceptions; mailing.--

  7         (1)  A sufficient number of copies of the petition for

  8  adoption shall be signed and verified by the petitioner and

  9  filed with the clerk of the court so that service may be made

10  under subsection (4) and shall state:

11         (a)  The date and place of birth of the person to be

12  adopted, if known;

13         (b)  The name to be given to the person to be adopted;

14         (c)  The date petitioner acquired custody of the minor

15  and the name of the person placing the minor;

16         (d)  The full name, age, and place and duration of

17  residence of the petitioner;

18         (e)  The marital status of the petitioner, including

19  the date and place of marriage, if married, and divorces, if

20  any;

21         (f)  The facilities and resources of the petitioner,

22  including those under a subsidy agreement, available to

23  provide for the care of the minor to be adopted;

24         (g)  A description and estimate of the value of any

25  property of the person to be adopted;

26         (h)  The case style and date of entry of the order

27  terminating parental rights or the judgment declaring a minor

28  available for adoption name and address, if known, of any

29  person whose consent to the adoption is required, but who has

30  not consented, and facts or circumstances that excuse the lack

31  of consent; and

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  1         (i)  The reasons why the petitioner desires to adopt

  2  the person.

  3         (2)  The following documents are required to be filed

  4  with the clerk of the court at the time the petition is filed:

  5         (a)  A certified copy of the court order terminating

  6  parental rights under chapter 39 or the judgment declaring a

  7  minor available for adoption under this chapter The required

  8  consents, unless consent is excused by the court.

  9         (b)  The favorable preliminary home study of the

10  department, licensed child-placing agency, or professional

11  pursuant to s. 63.092, as to the suitability of the home in

12  which the minor has been placed.

13         (c)  The surrender document must include documentation

14  that an interview was interviews were held with:

15         1.  The birth mother, if parental rights have not been

16  terminated;

17         2.  The birth father, if his consent to the adoption is

18  required and parental rights have not been terminated; and

19         3.  the minor child, if older than 12 years of age,

20  unless the court, in the best interest of the minor child,

21  dispenses with the minor's child's consent under s.

22  63.062(1)(e) 63.062(1)(c).

23

24  The court may waive the requirement for an interview with the

25  birth mother or birth father in the investigation for good

26  cause shown.

27         (3)  Unless ordered by the court, no report or

28  recommendation is required when the placement is a stepparent

29  adoption or when the minor child is related to one of the

30  adoptive parents within the third degree.

31

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  1         (4)  The clerk of the court shall mail a copy of the

  2  petition within 24 hours after filing, and execute a

  3  certificate of mailing, to the department and the agency

  4  placing the minor, if any.

  5         Section 21.  Section 63.122, Florida Statutes, is

  6  amended to read:

  7         63.122  Notice of hearing on petition.--

  8         (1)  After the petition to adopt a minor is filed, the

  9  court must establish a time and place for hearing the

10  petition. The hearing may must not be held sooner than 30 days

11  after the date the judgment terminating parental rights was

12  entered or sooner than 90 days after the date the minor was

13  placed the placing of the minor in the physical custody of the

14  petitioner.  The minor must remain under the supervision of

15  the department, an intermediary, or a licensed child-placing

16  agency until the adoption becomes final.  When the petitioner

17  is a spouse of the birth parent, the hearing may be held

18  immediately after the filing of the petition.

19         (2)  Notice of hearing must be given as prescribed by

20  the rules of civil procedure, and service of process must be

21  made as specified by law for civil actions.

22         (3)  Upon a showing by the petitioner that the privacy

23  of the petitioner or minor child may be endangered, the court

24  may order the names of the petitioner or minor child, or both,

25  to be deleted from the notice of hearing and from the copy of

26  the petition attached thereto, provided the substantive rights

27  of any person will not thereby be affected.

28         (4)  Notice of the hearing must be given by the

29  petitioner to the adoption entity that places the minor.:

30         (a)  The department or any licensed child-placing

31  agency placing the minor.

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  1         (b)  The intermediary.

  2         (c)  Any person whose consent to the adoption is

  3  required by this act who has not consented, unless such

  4  person's consent is excused by the court.

  5         (d)  Any person who is seeking to withdraw consent.

  6         (5)  After filing the petition to adopt an adult, a

  7  notice of the time and place of the hearing must be given to

  8  any person whose consent to the adoption is required but who

  9  has not consented.  The court may order an appropriate

10  investigation to assist in determining whether the adoption is

11  in the best interest of the persons involved.

12         Section 22.  Section 63.125, Florida Statutes, is

13  amended to read:

14         63.125  Final home investigation.--

15         (1)  The final home investigation must be conducted

16  before the adoption becomes final.  The investigation may be

17  conducted by a licensed child-placing agency or a professional

18  in the same manner as provided in s. 63.092 to ascertain

19  whether the adoptive home is a suitable home for the minor and

20  whether the proposed adoption is in the best interest of the

21  minor.  Unless directed by the court, an investigation and

22  recommendation are not required if the petitioner is a

23  stepparent or if the minor child is related to one of the

24  adoptive parents within the third degree of consanguinity.

25  The department is required to perform the home investigation

26  only if there is no licensed child-placing agency or

27  professional pursuant to s. 63.092 in the county in which the

28  prospective adoptive parent resides.

29         (2)  The department, the licensed child-placing agency,

30  or the professional that performs the investigation must file

31  a written report of the investigation with the court and the

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  1  petitioner within 90 days after the date the petition is

  2  filed.

  3         (3)  The report of the investigation must contain an

  4  evaluation of the placement with a recommendation on the

  5  granting of the petition for adoption and any other

  6  information the court requires regarding the petitioner or the

  7  minor.

  8         (4)  The department, the licensed child-placing agency,

  9  or the professional making the required investigation may

10  request other state agencies or child-placing agencies within

11  or outside this state to make investigations of designated

12  parts of the inquiry and to make a written report to the

13  department, the professional, or other person or agency.

14         (5)  The final home investigation must include:

15         (a)  The information from the preliminary home study.

16         (b)  After the minor child is placed in the intended

17  adoptive home, two scheduled visits with the minor child and

18  the minor's child's adoptive parent or parents, one of which

19  visits must be in the home, to determine the suitability of

20  the placement.

21         (c)  The family social and medical history as provided

22  in s. 63.082.

23         (d)  Any other information relevant to the suitability

24  of the intended adoptive home.

25         (e)  Any other relevant information, as provided in

26  rules that the department may adopt.

27         Section 23.  Section 63.132, Florida Statutes, is

28  amended to read:

29         63.132  Affidavit Report of expenditures and

30  receipts.--

31

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  1         (1)  At least 10 days before the hearing on the

  2  petition for adoption, the petitioner and any adoption entity

  3  intermediary must file two copies of an affidavit under this

  4  section.

  5         (a)  The affidavit must be signed by the adoption

  6  entity and the prospective adoptive parents. A copy of the

  7  affidavit must be provided to the adoptive parents at the time

  8  the affidavit is executed.

  9         (b)  The affidavit must itemize containing a full

10  accounting of all disbursements and receipts of anything of

11  value, including professional and legal fees, made or agreed

12  to be made by or on behalf of the petitioner and any adoption

13  entity intermediary in connection with the adoption or in

14  connection with any prior proceeding to terminate parental

15  rights which involved the minor who is the subject of the

16  petition for adoption. The affidavit must also include, for

17  each fee itemized, the service provided for which the fee is

18  being charged, the date the service was provided, the time

19  required to provide the service, the person or entity that

20  provided the service, and the hourly fee charged.

21         (c)  The clerk of the court shall forward a copy of the

22  affidavit to the department. The department must retain these

23  records for 5 years. Copies of affidavits received by the

24  department under this subsection must be provided upon the

25  request of any person. The department must redact all

26  identifying references to the minor, the birth parent, or the

27  adoptive parent from any affidavit released by the department.

28  The name of the adoption entity may not be redacted. The

29  intent of this paragraph is to create a resource for adoptive

30  parents and others wishing to obtain information about the

31  cost of adoption in this state.

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  1         (d)  The affidavit report must show any expenses or

  2  receipts incurred in connection with:

  3         1.(a)  The birth of the minor.

  4         2.(b)  The placement of the minor with the petitioner.

  5         3.(c)  The medical or hospital care received by the

  6  mother or by the minor during the mother's prenatal care and

  7  confinement.

  8         4.(d)  The living expenses of the birth mother.  The

  9  living expenses must be documented in detail to apprise the

10  court of the exact expenses incurred.

11         5.(e)  The services relating to the adoption or to the

12  placement of the minor for adoption that were received by or

13  on behalf of the petitioner, the adoption entity intermediary,

14  either birth natural parent, the minor, or any other person.

15

16  The affidavit must state whether any of these expenses were or

17  are eligible to be paid for by collateral sources, including,

18  but not limited to, health insurance, Medicaid, Medicare, or

19  public assistance.

20         (2)  The court may require such additional information

21  as is deemed necessary.

22         (3)  The court must issue a separate order approving or

23  disapproving the fees, costs, and expenditures itemized in the

24  affidavit. The court may approve only fees, costs, and

25  expenditures allowed under s. 63.097. The court may reject in

26  whole or in part any fee, cost, or expenditure listed if the

27  court finds that the expense is:

28         (a)  Contrary to this chapter;

29         (b)  Not supported by a receipt in the record, if the

30  expense is not a fee of the adoption entity; or

31

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  1         (c)  Not deemed by the court to be a reasonable fee or

  2  expense, taking into consideration the requirements of this

  3  chapter and the totality of the circumstances.

  4         (4)(3)  This section does not apply to an adoption by a

  5  stepparent whose spouse is a birth natural or adoptive parent

  6  of the minor child.

  7         Section 24.  Section 63.142, Florida Statutes, is

  8  amended to read:

  9         63.142  Hearing; judgment of adoption.--

10         (1)  APPEARANCE.--The petitioner and the person to be

11  adopted shall appear at the hearing on the petition for

12  adoption, unless:

13         (a)  The person is a minor under 12 years of age;, or

14         (b)  The presence of either is excused by the court for

15  good cause.

16         (2)  CONTINUANCE.--The court may continue the hearing

17  from time to time to permit further observation,

18  investigation, or consideration of any facts or circumstances

19  affecting the granting of the petition.

20         (3)  DISMISSAL.--

21         (a)  If the petition is dismissed, the court shall

22  determine the person that is to have custody of the minor.

23         (b)  If the petition is dismissed, the court shall

24  state with specificity the reasons for the dismissal.

25         (4)  JUDGMENT.--At the conclusion of the hearing, after

26  when the court determines that the date for a birth parent to

27  file an appeal of a valid judgment terminating that birth

28  parent's parental rights has passed and no appeal is pending

29  all necessary consents have been obtained and that the

30  adoption is in the best interest of the person to be adopted,

31  a judgment of adoption shall be entered.

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  1         (a)  A judgment terminating parental rights pending

  2  adoption is voidable and any later judgment of adoption of

  3  that minor is voidable if, upon the motion of the birth

  4  parent, the court finds that any person knowingly gave false

  5  information that prevented the birth parent from timely making

  6  known his or her desire to assume parental responsibilities

  7  toward the minor or meeting the requirements under this

  8  chapter to exercise his or her parental rights. A motion under

  9  this paragraph must be filed with the court that entered the

10  original judgment. The motion must be filed within a

11  reasonable time, but not later than 1 year after the date the

12  termination of parental rights final order was entered.

13         (b)  Not later than 30 days after the filing of a

14  motion under this subsection, the court must conduct a

15  preliminary hearing to determine what contact, if any, shall

16  be permitted between a birth parent and the child pending

17  resolution of the motion. Such contact shall be considered

18  only if it is requested by a birth parent who has appeared at

19  the hearing. If the court orders contact between a birth

20  parent and child, the order must be issued in writing as

21  expeditiously as possible and must state with specificity any

22  provisions regarding contact with persons other than those

23  with whom the child resides.

24         (c)  At the preliminary hearing, the court, upon the

25  motion of any party or its own motion, may order scientific

26  testing to determine the paternity of the minor if the person

27  seeking to set aside the judgment is alleging to be the

28  child's birth father and that fact has not previously been

29  determined by legitimacy or scientific testing. The court may

30  order supervised visitation with a person from whom scientific

31  testing for paternity has been ordered conditional upon the

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  1  filing of those test results with the court and such results

  2  establish that person's paternity of the minor.

  3         (d)  No later than 45 days after the preliminary

  4  hearing, the court must conduct a final hearing on the motion

  5  to set aside the judgment and issue its written order as

  6  expeditiously as possible thereafter.

  7         Section 25.  Section 63.152, Florida Statutes, is

  8  amended to read:

  9         63.152  Application for new birth record.--Within 30

10  days after entry of a judgment of adoption, the clerk of the

11  court, and in agency adoptions, any child-placing agency

12  licensed by the department, shall prepare a certified

13  statement of the entry for the state registrar of vital

14  statistics on a form provided by the registrar.  The clerk of

15  the court must mail a copy of the form completed under this

16  section to the state registry of adoption information under s.

17  63.165. A new birth record containing the necessary

18  information supplied by the certificate shall be issued by the

19  registrar on application of the adopting parents or the

20  adopted person.

21         Section 26.  Section 63.165, Florida Statutes, is

22  amended to read:

23         63.165  State registry of adoption information; duty to

24  inform and explain.--Notwithstanding any other law to the

25  contrary, the department shall maintain a registry with the

26  last known names and addresses of an adoptee and his or her

27  birth natural parents and adoptive parents; the certified

28  statement of the final decree of adoption provided by the

29  clerk of the court under s. 63.152; and any other identifying

30  information that which the adoptee, birth natural parents, or

31  adoptive parents desire to include in the registry. The

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  1  department shall maintain the registry records for the time

  2  required by rules adopted by the department in accordance with

  3  this chapter or for 99 years, whichever period is greater. The

  4  registry shall be open with respect to all adoptions in the

  5  state, regardless of when they took place. The registry shall

  6  be available for those persons choosing to enter information

  7  therein, but no one shall be required to do so.

  8         (1)  Anyone seeking to enter, change, or use

  9  information in the registry, or any agent of such person,

10  shall present verification of his or her identity and, if

11  applicable, his or her authority.  A person who enters

12  information in the registry shall be required to indicate

13  clearly the persons to whom he or she is consenting to release

14  this information, which persons shall be limited to the

15  adoptee and the birth natural mother, birth natural father,

16  adoptive mother, adoptive father, birth natural siblings, and

17  maternal and paternal birth natural grandparents of the

18  adoptee.  Except as provided in this section, information in

19  the registry is confidential and exempt from the provisions of

20  s. 119.07(1). Consent to the release of this information may

21  be made in the case of a minor adoptee by his or her adoptive

22  parents or by the court after a showing of good cause.  At any

23  time, any person may withdraw, limit, or otherwise restrict

24  consent to release information by notifying the department in

25  writing.

26         (2)  The department may charge a reasonable fee to any

27  person seeking to enter, change, or use information in the

28  registry.  The department shall deposit such fees in a trust

29  fund to be used by the department only for the efficient

30  administration of this section. The department and agencies

31  shall make counseling available for a fee to all persons

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  1  seeking to use the registry, and the department shall inform

  2  all affected persons of the availability of such counseling.

  3         (3)  The department, intermediary, or licensed

  4  child-placing agency must inform the birth parents before

  5  parental rights are terminated, and the adoptive parents

  6  before placement, in writing, of the existence and purpose of

  7  the registry established under this section, but failure to do

  8  so does not affect the validity of any proceeding under this

  9  chapter.

10         Section 27.  Section 63.182, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 63.182, F.S., for present text.)

14         63.182  Statute of repose.--An action or proceeding of

15  any kind to vacate, set aside, or otherwise nullify an order

16  of adoption or an underlying order terminating parental rights

17  on any ground, including fraud or duress, must be filed within

18  1 year after entry of the order terminating parental rights.

19         Section 28.  Section 63.207, Florida Statutes, is

20  amended to read:

21         63.207  Out-of-state placement.--

22         (1)  Unless the minor child is to be placed with a

23  relative within the third degree or with a stepparent, or is a

24  special needs child as defined in s. 409.166, an adoption

25  entity may not no person except an intermediary, an agency, or

26  the department shall:

27         (a)  Take or send a minor child out of the state for

28  the purpose of placement for adoption; or

29         (b)  Place or attempt to place a minor child for the

30  purpose of adoption with a family who primarily lives and

31  works outside Florida in another state.  An intermediary may

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  1  place or attempt to place a child for adoption in another

  2  state only if the child is a special needs child as that term

  3  is defined in s. 409.166.  If an adoption entity intermediary

  4  is acting under this subsection, the adoption entity must

  5  intermediary shall file a petition for declaratory statement

  6  pursuant to s. 63.102 for prior approval of fees and costs.

  7  The court shall review the costs pursuant to s. 63.097.  The

  8  petition for declaratory statement must be converted to a

  9  petition for an adoption upon placement of the minor child in

10  the home.  The circuit court in this state must retain

11  jurisdiction over the matter until the adoption becomes final.

12  The adoptive parents must come to this state to have the

13  adoption finalized.  Violation of the order subjects the

14  adoption entity intermediary to contempt of court and to the

15  penalties provided in s. 63.212.

16         (2)  An adoption entity intermediary may not counsel a

17  birth mother to leave the state for the purpose of giving

18  birth to a child outside the state in order to secure a fee in

19  excess of that permitted under s. 63.097 when it is the

20  intention that the child is to be placed for adoption outside

21  the state.

22         (3)  When applicable, the Interstate Compact on the

23  Placement of Children authorized in s. 409.401 shall be used

24  in placing children outside the state for adoption.

25         Section 29.  Section 63.212, Florida Statutes, is

26  amended to read:

27         63.212  Prohibited acts; penalties for violation.--

28         (1)  It is unlawful for any person:

29         (a)  Except an adoption entity the department, an

30  intermediary, or an agency, to place or attempt to place a

31  minor child for adoption with a person who primarily lives and

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  1  works outside this state unless the minor child is placed with

  2  a relative within the third degree or with a stepparent or is

  3  a special needs child as defined in s. 409.166.  An adoption

  4  entity intermediary may place or attempt to place a special

  5  needs child for adoption with a person who primarily lives and

  6  works outside this state only if the adoption entity

  7  intermediary has a declaratory statement from the court

  8  establishing the fees to be paid under s. 63.207.  This

  9  requirement does not apply if the minor child is placed with a

10  relative within the third degree or with a stepparent.

11         (b)  Except an adoption entity the department, an

12  intermediary, or an agency, to place or attempt to place a

13  minor child for adoption with a family whose primary residence

14  and place of employment is in another state unless the minor

15  child is placed with a relative within the third degree or

16  with a stepparent.  An adoption entity intermediary may place

17  or attempt to place a special needs child for adoption with a

18  family whose primary residence and place of employment is in

19  another state only if the adoption entity intermediary has a

20  declaratory statement from the court establishing the fees to

21  be paid.  This requirement does not apply if the special needs

22  child is placed with a relative within the third degree or

23  with a stepparent.

24         (c)  Except an adoption entity the Department of

25  Children and Family Services, an agency, or an intermediary,

26  to place or attempt to place within the state a minor child

27  for adoption unless the minor child is placed with a relative

28  within the third degree or with a stepparent.  This

29  prohibition, however, does not apply to a person who is

30  placing or attempting to place a minor child for the purpose

31

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  1  of adoption with the adoption entity Department of Children

  2  and Family Services or an agency or through an intermediary.

  3         (d)  To sell or surrender, or to arrange for the sale

  4  or surrender of, a minor child to another person for money or

  5  anything of value or to receive such minor child for such

  6  payment or thing of value.  If a minor child is being adopted

  7  by a relative within the third degree or by a stepparent, or

  8  is being adopted through an adoption entity, this paragraph

  9  does not prohibit the Department of Children and Family

10  Services, an agency, or an intermediary, nothing herein shall

11  be construed as prohibiting the person who is contemplating

12  adopting the child from paying, under ss. 63.097 and 63.132,

13  the actual prenatal care and living expenses of the mother of

14  the child to be adopted, nor from paying, under ss. 63.097 and

15  63.132, the actual living and medical expenses of such mother

16  for a reasonable time, not to exceed 6 weeks, if medical needs

17  require such support, after the birth of the minor child.

18         (e)  Having the rights and duties of a parent with

19  respect to the care and custody of a minor to assign or

20  transfer such parental rights for the purpose of, incidental

21  to, or otherwise connected with, selling or offering to sell

22  such rights and duties.

23         (f)  To assist in the commission of any act prohibited

24  in paragraph (a), paragraph (b), paragraph (c), paragraph (d),

25  or paragraph (e).

26         (g)  Except an adoption entity the Department of

27  Children and Family Services or an agency, to charge or accept

28  any fee or compensation of any nature from anyone for making a

29  referral in connection with an adoption.

30         (h)  Except an adoption entity the Department of

31  Children and Family Services, an agency, or an intermediary,

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  1  to advertise or offer to the public, in any way, by any medium

  2  whatever that a minor child is available for adoption or that

  3  a minor child is sought for adoption; and further, it is

  4  unlawful for any person to publish or broadcast any such

  5  advertisement without including a Florida license number of

  6  the agency or, attorney, or physician placing the

  7  advertisement.

  8         (i)  To contract for the purchase, sale, or transfer of

  9  custody or parental rights in connection with any child, or in

10  connection with any fetus yet unborn, or in connection with

11  any fetus identified in any way but not yet conceived, in

12  return for any valuable consideration.  Any such contract is

13  void and unenforceable as against the public policy of this

14  state.  However, fees, costs, and other incidental payments

15  made in accordance with statutory provisions for adoption,

16  foster care, and child welfare are permitted, and a person may

17  agree to pay expenses in connection with a preplanned adoption

18  agreement as specified below, but the payment of such expenses

19  may not be conditioned upon the transfer of parental rights.

20  Each petition for adoption which is filed in connection with a

21  preplanned adoption agreement must clearly identify the

22  adoption as a preplanned adoption arrangement and must include

23  a copy of the preplanned adoption agreement for review by the

24  court.

25         1.  Individuals may enter into a preplanned adoption

26  arrangement as specified herein, but such arrangement shall

27  not in any way:

28         a.  Effect final transfer of custody of a child or

29  final adoption of a child, without review and approval of the

30  department and the court, and without compliance with other

31  applicable provisions of law.

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  1         b.  Constitute consent of a mother to place her child

  2  for adoption until 7 days following birth, and unless the

  3  court making the custody determination or approving the

  4  adoption determines that the mother was aware of her right to

  5  rescind within the 7-day period following birth but chose not

  6  to rescind such consent.

  7         2.  A preplanned adoption arrangement shall be based

  8  upon a preplanned adoption agreement that must which shall

  9  include, but need not be limited to, the following terms:

10         a.  That the volunteer mother agrees to become pregnant

11  by the fertility technique specified in the agreement, to bear

12  the child, and to terminate any parental rights and

13  responsibilities to the child she might have through a written

14  consent executed at the same time as the preplanned adoption

15  agreement, subject to a right of rescission by the volunteer

16  mother any time within 7 days after the birth of the child.

17         b.  That the volunteer mother agrees to submit to

18  reasonable medical evaluation and treatment and to adhere to

19  reasonable medical instructions about her prenatal health.

20         c.  That the volunteer mother acknowledges that she is

21  aware that she will assume parental rights and

22  responsibilities for the child born to her as otherwise

23  provided by law for a mother, if the intended father and

24  intended mother terminate the agreement before final transfer

25  of custody is completed, or if a court determines that a

26  parent clearly specified by the preplanned adoption agreement

27  to be the biological parent is not the biological parent, or

28  if the preplanned adoption is not approved by the court

29  pursuant to the Florida Adoption Act.

30         d.  That an intended father who is also the biological

31  father acknowledges that he is aware that he will assume

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  1  parental rights and responsibilities for the child as

  2  otherwise provided by law for a father, if the agreement is

  3  terminated for any reason by any party before final transfer

  4  of custody is completed or if the planned adoption is not

  5  approved by the court pursuant to the Florida Adoption Act.

  6         e.  That the intended father and intended mother

  7  acknowledge that they may not receive custody or the parental

  8  rights under the agreement if the volunteer mother terminates

  9  the agreement or if the volunteer mother rescinds her consent

10  to place her child for adoption within 7 days after birth.

11         f.  That the intended father and intended mother may

12  agree to pay all reasonable legal, medical, psychological, or

13  psychiatric expenses of the volunteer mother related to the

14  preplanned adoption arrangement, and may agree to pay the

15  reasonable living expenses of the volunteer mother.  No other

16  compensation, whether in cash or in kind, shall be made

17  pursuant to a preplanned adoption arrangement.

18         g.  That the intended father and intended mother agree

19  to accept custody of and to assert full parental rights and

20  responsibilities for the child immediately upon the child's

21  birth, regardless of any impairment to the child.

22         h.  That the intended father and intended mother shall

23  have the right to specify the blood and tissue typing tests to

24  be performed if the agreement specifies that at least one of

25  them is intended to be the biological parent of the child.

26         i.  That the agreement may be terminated at any time by

27  any of the parties.

28         3.  A preplanned adoption agreement shall not contain

29  any provision:

30         a.  To reduce any amount paid to the volunteer mother

31  if the child is stillborn or is born alive but impaired, or to

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  1  provide for the payment of a supplement or bonus for any

  2  reason.

  3         b.  Requiring the termination of the volunteer mother's

  4  pregnancy.

  5         4.  An attorney who represents an intended father and

  6  intended mother or any other attorney with whom that attorney

  7  is associated shall not represent simultaneously a female who

  8  is or proposes to be a volunteer mother in any matter relating

  9  to a preplanned adoption agreement or preplanned adoption

10  arrangement.

11         5.  Payment to agents, finders, and intermediaries,

12  including attorneys and physicians, as a finder's fee for

13  finding volunteer mothers or matching a volunteer mother and

14  intended father and intended mother is prohibited.  Doctors,

15  psychologists, attorneys, and other professionals may receive

16  reasonable compensation for their professional services, such

17  as providing medical services and procedures, legal advice in

18  structuring and negotiating a preplanned adoption agreement,

19  or counseling.

20         6.  As used in this paragraph, the term:

21         a.  "Blood and tissue typing tests" include, but are

22  not limited to, tests of red cell antigens, red cell

23  isoenzymes, human leukocyte antigens, and serum proteins.

24         b.  "Child" means the child or children conceived by

25  means of an insemination that is part of a preplanned adoption

26  arrangement.

27         c.  "Fertility technique" means artificial

28  embryonation, artificial insemination, whether in vivo or in

29  vitro, egg donation, or embryo adoption.

30         d.  "Intended father" means a male who, as evidenced by

31  a preplanned adoption agreement, intends to have the parental

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  1  rights and responsibilities for a child conceived through a

  2  fertility technique, regardless of whether the child is

  3  biologically related to the male.

  4         e.  "Intended mother" means a female who, as evidenced

  5  by a preplanned adoption agreement, intends to have the

  6  parental rights and responsibilities for a child conceived

  7  through a fertility technique, regardless of whether the child

  8  is biologically related to the female.

  9         f.  "Parties" means the intended father and intended

10  mother, the volunteer mother and her husband, if she has a

11  husband, who are all parties to the preplanned adoption

12  agreement.

13         g.  "Preplanned adoption agreement" means a written

14  agreement among the parties that specifies the intent of the

15  parties as to their rights and responsibilities in the

16  preplanned adoption arrangement, consistent with the

17  provisions of this act.

18         h.  "Preplanned adoption arrangement" means the

19  arrangement through which the parties enter into an agreement

20  for the volunteer mother to bear the child, for payment by the

21  intended father and intended mother of the expenses allowed by

22  this act, for the intended father and intended mother to

23  assert full parental rights and responsibilities to the child

24  if consent to adoption is not rescinded after birth by the

25  volunteer mother, and for the volunteer mother to terminate,

26  subject to a right of rescission, in favor of the intended

27  father and intended mother all her parental rights and

28  responsibilities to the child.

29         i.  "Volunteer mother" means a female person at least

30  18 years of age who voluntarily agrees, subject to a right of

31  rescission, that if she should become pregnant pursuant to a

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  1  preplanned adoption arrangement, she will terminate in favor

  2  of the intended father and intended mother her parental rights

  3  and responsibilities to the child.

  4         (2)  This section does not Nothing herein shall be

  5  construed to prohibit a licensed child-placing agency from

  6  charging fees reasonably commensurate to the services

  7  provided.

  8         (3)  It is unlawful for any adoption entity

  9  intermediary to fail to report to the court, prior to

10  placement, the intended placement of a minor child for

11  purposes of adoption with any person not a stepparent or a

12  relative within the third degree, if the adoption entity

13  intermediary participates in such intended placement.

14         (4)  It is unlawful for any adoption entity

15  intermediary to charge any fee over $1,000 and those costs as

16  set out in paragraph (1)(d) over $2,500, other than for actual

17  documented medical costs, court costs, and hospital costs

18  unless such fee is approved by the court prior to the

19  assessment of the fee by the adoption entity intermediary and

20  upon a showing of justification for the larger fee.

21         (5)  It is unlawful for any adoption entity

22  intermediary to counsel a birth mother to leave the state for

23  the purpose of giving birth to a child outside the state in

24  order to secure a fee in excess of that permitted under s.

25  63.097 when it is the intention that the child be placed for

26  adoption outside the state.

27         (6)  It is unlawful for any adoption entity

28  intermediary to obtain a preliminary home study or final home

29  investigation and fail to disclose the existence of the study

30  to the court.

31

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  1         (7)  A person who violates any provision of this

  2  section, excluding paragraph (1)(h), is guilty of a felony of

  3  the third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.  A person who violates paragraph

  5  (1)(h) is guilty of a misdemeanor of the second degree,

  6  punishable as provided in s. 775.083; and each day of

  7  continuing violation shall be considered a separate offense.

  8         Section 30.  Section 63.072, Florida Statutes, is

  9  repealed.

10         Section 31.  Any petition for adoption filed before

11  October 1, 1999, shall be governed by the law in effect at the

12  time the petition was filed.

13         Section 32.  This act shall take effect October 1,

14  1999.

15

16            *****************************************

17                       LEGISLATIVE SUMMARY

18
      Revises various provisions of the Florida Adoption Act.
19    Deletes provisions that authorize a child-placing agency
      to petition for termination of a child's parental rights
20    under ch. 39, F.S. Revises the requirements for executing
      a consent to an adoption. Requires that the Department of
21    Children and Family Services and other agencies that
      participate in placing persons for adoption make certain
22    disclosures to persons seeking to adopt and to the birth
      parents of a minor placed for adoption. Requires that the
23    court hold a separate proceeding before the hearing on
      the adoption to determine whether a minor is available
24    for adoption. Provides requirements for identifying and
      locating persons who must be notified of the proceeding.
25    Specifies grounds upon which the court may declare that a
      minor is available for adoption. Provides requirements
26    for the court in determining whether a minor has been
      abandoned. Revises requirements for the court in
27    approving fees and costs paid in an adoption procedure.
      Provides that approval by the court of such fees and
28    costs does not obligate the birth parent to relinquish a
      minor for adoption. Specifies circumstances under which a
29    judgment declaring a minor available for adoption is
      void. Requires that the Department of Children and Family
30    Services maintain the registry of adoption information
      for the period required by department rule or 99 years,
31    whichever period is greater. (See bill for details.)

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