Senate Bill 0002c2

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    Florida Senate - 1999                       CS for CS for SB 2

    By the Committees on Children and Families; Judiciary; and
    Senators Campbell, Rossin, Diaz-Balart, Gutman, Clary,
    Bronson, Lee, Childers, Casas and Cowin



    300-1642-99

  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

  3         39.703, 39.802, 39.806, and 39.811, F.S.,

  4         relating to the petition and grounds for

  5         terminating parental rights and powers of

  6         disposition; removing provisions authorizing

  7         licensed child-placing agencies to file actions

  8         to terminate parental rights; amending s.

  9         39.812, F.S.; providing additional requirements

10         for a petition for adoption; prohibiting filing

11         such petition until the order terminating

12         parental rights is final; amending s. 63.022,

13         F.S.; revising legislative intent with respect

14         to adoptions; amending s. 63.032, F.S.;

15         revising definitions; defining "adoption

16         entity," "legal custody," "parent," and

17         "relative"; creating s. 63.037, F.S.; exempting

18         certain provisions from adoption proceedings

19         initiated under ch. 39, F.S.; creating s.

20         63.039, F.S.; providing duties of an adoption

21         entity to prospective adoptive parents;

22         providing sanctions and an award of attorney's

23         fees under certain circumstances; amending s.

24         63.0425, F.S.; conforming provisions relating

25         to grandparent's right to adopt; amending s.

26         63.052, F.S.; providing for placement of a

27         minor pending adoption; specifying the

28         jurisdiction of the court over a minor placed

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

30         specifying additional persons who must consent

31         to an adoption, execute an affidavit of

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  1         nonpaternity, or receive notice of proceedings

  2         to terminate parental rights; providing for

  3         form and content of affidavit of nonpaternity;

  4         providing for notice of the right to select a

  5         witness; providing a form for waiver of venue;

  6         amending s. 63.082, F.S.; revising requirements

  7         and form for executing a consent to an

  8         adoption; making such requirements applicable

  9         to affidavit of nonpaternity; providing a

10         revocation period and requirements for

11         withdrawing consent; providing additional

12         disclosure requirements; revising requisite

13         history form to include social history;

14         amending s. 63.085, F.S.; specifying

15         information that must be disclosed to persons

16         seeking to adopt a minor and to the parents;

17         creating s. 63.087, F.S.; requiring that a

18         separate proceeding be conducted by the court

19         to determine whether a parent's parental rights

20         should be terminated; providing for rules,

21         jurisdiction, and venue for such proceedings;

22         providing requirements for the petition and

23         hearing; creating s. 63.088, F.S.; providing

24         diligent search and court inquiry requirements

25         for identifying and locating a person who is

26         required to consent to an adoption or receive

27         notice of proceedings to terminate parental

28         rights; providing notice requirements including

29         notice by constructive service; providing that

30         failure to respond or appear constitutes

31         grounds to terminate parental rights pending

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  1         adoption; creating s. 63.089, F.S.; providing

  2         hearing procedures for proceedings to terminate

  3         parental rights pending adoption; specifying

  4         grounds upon which parental rights may be

  5         terminated; providing for finding of

  6         abandonment; providing for dismissal of

  7         petition procedures; providing for

  8         post-judgment relief; providing for

  9         confidentiality of records; amending s. 63.092,

10         F.S.; providing requirements in an at-risk

11         placement before termination of parental

12         rights; amending s. 63.097, F.S.; revising fee

13         requirements to provide for allowable and

14         prohibited fees and costs; amending s. 63.102,

15         F.S.; revising requirements for filing a

16         petition for adoption; providing requirements

17         for prior approval of fees and costs; revising

18         requirements for declaratory statement as to

19         adoption contract; amending s. 63.112, F.S.;

20         revising requirements for form and content of a

21         petition for adoption; amending s. 63.122,

22         F.S.; revising the time requirements for

23         hearing a petition for adoption; amending s.

24         63.125, F.S.; conforming provisions relating to

25         the final home investigation; amending s.

26         63.132, F.S.; revising requirements for

27         affidavit of expenses and receipts; requiring

28         separate court order approving fees, costs, and

29         expenses; amending s. 63.142, F.S.; specifying

30         circumstances under which a judgment

31         terminating parental rights pending adoption is

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  1         voidable; providing for an evidentiary hearing

  2         to determine the minor's placement following a

  3         motion to void such a judgment; amending s.

  4         63.162, F.S.; conforming provisions relating to

  5         confidential records of adoption proceedings;

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

  7         of the certified statement of final decree of

  8         adoption be included in the state registry of

  9         adoption information; requiring that the

10         Department of Children and Family Services

11         maintain such information for a specified

12         period; amending s. 63.182, F.S.; providing a

13         1-year statute of repose for actions to set

14         aside or vacate a judgment of adoption or a

15         judgment terminating parental rights pending

16         adoption; providing a 2-year statute of repose

17         for an action in fraud to set aside or vacate a

18         judgment of adoption or a judgment terminating

19         parenting rights; amending s. 63.202, F.S.;

20         conforming provisions relating to agencies

21         authorized to place minors for adoption;

22         amending s. 63.207, F.S.; revising provisions

23         that limit the placement of a minor in another

24         state for adoption; amending s. 63.212, F.S.;

25         revising provisions relating to prohibitions

26         and penalties with respect to adoptions;

27         amending s. 63.219, F.S.; conforming provisions

28         relating to sanctions; amending s. 63.301,

29         F.S.; revising membership of an advisory

30         council on adoption to include a child-caring

31         agency registered under s. 409.176, F.S.;

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  1         amending ss. 39.01, 984.03, and 985.03, F.S.;

  2         correcting cross-references; repealing s.

  3         63.072, F.S., relating to persons who may waive

  4         required consent to an adoption; requiring that

  5         a petition for adoption be governed by the law

  6         in effect at the time the petition is filed;

  7         providing an effective date.

  8

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

10

11         Section 1.  Section 39.703, Florida Statutes, 1998

12  Supplement, is amended to read:

13         39.703  Initiation of termination of parental rights

14  proceedings; judicial review.--

15         (1)  If, in preparation for any judicial review hearing

16  under this chapter, it is the opinion of the social service

17  agency that the parents of the child have not complied with

18  their responsibilities as specified in the written case plan

19  although able to do so, the department social service agency

20  shall state its intent to initiate proceedings to terminate

21  parental rights, unless the social service agency can

22  demonstrate to the court that such a recommendation would not

23  be in the child's best interests. If it is the intent of the

24  department or licensed child-placing agency to initiate

25  proceedings to terminate parental rights, the department or

26  licensed child-placing agency shall file a petition for

27  termination of parental rights no later than 3 months after

28  the date of the previous judicial review hearing. If the

29  petition cannot be filed within 3 months, the department or

30  licensed child-placing agency shall provide a written report

31  to the court outlining the reasons for delay, the progress

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  1  made in the termination of parental rights process, and the

  2  anticipated date of completion of the process.

  3         (2)  If, at the time of the 12-month judicial review

  4  hearing, a child is not returned to the physical custody of

  5  the parents, caregivers, or legal custodians, the department

  6  social service agency shall initiate termination of parental

  7  rights proceedings under this chapter within 30 days. Only if

  8  the court finds that the situation of the child is so

  9  extraordinary and that the best interests of the child will be

10  met by such action at the time of the judicial review may the

11  case plan be extended. If the court decides to extend the

12  plan, the court shall enter detailed findings justifying the

13  decision to extend, as well as the length of the extension. A

14  termination of parental rights petition need not be filed if:

15  the child is being cared for by a relative who chooses not to

16  adopt the child; the court determines that filing such a

17  petition would not be in the best interests of the child; or

18  the state has not provided the child's family, when reasonable

19  efforts to return a child are required, consistent with the

20  time period in the state's case plan, such services as the

21  state deems necessary for the safe return of the child to his

22  or her home. Failure to initiate termination of parental

23  rights proceedings at the time of the 12-month judicial review

24  or within 30 days after such review does not prohibit

25  initiating termination of parental rights proceedings at any

26  other time.

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

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

29         39.802  Petition for termination of parental rights;

30  filing; elements.--

31

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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 3.  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 who has knowledge of the

18  facts alleged or who is informed of said facts and believes

19  that they are true, may petition for the termination of

20  parental rights under any of the following circumstances:

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

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

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

24  licensed child-placing agency for subsequent adoption and the

25  department or licensed child-placing agency is willing to

26  accept custody of the child.

27         1.  The surrender document must be executed before two

28  witnesses and a notary public or other person authorized to

29  take acknowledgments.

30         2.  The surrender and consent may be withdrawn after

31  acceptance by the department or licensed child-placing agency

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

  2  consent were obtained by fraud or duress.

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

  4  parents is unknown and cannot be ascertained by diligent

  5  search within 90 days.

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

  7  toward the child or toward other children that demonstrates

  8  that the continuing involvement of the parent or parents in

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

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

11  child irrespective of the provision of services. Provision of

12  services may be evidenced by proof that services were provided

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

14  welfare agency.

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

16  state or federal correctional institution and:

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

18  to be incarcerated will constitute a substantial portion of

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

20  years;

21         2.  The incarcerated parent has been determined by the

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

23  775.084, a habitual violent felony offender as defined in s.

24  775.084, or a sexual predator as defined in s. 775.21; has

25  been convicted of first degree or second degree murder in

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

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

28  or has been convicted of an offense in another jurisdiction

29  which is substantially similar to one of the offenses listed

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

31  "substantially similar offense" means any offense that is

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  1  substantially similar in elements and penalties to one of

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

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

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

  5  or territory thereof, or any foreign jurisdiction; and

  6         3.  The court determines by clear and convincing

  7  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

16  substantially comply for a period of 12 months after an

17  adjudication of the child as a dependent child constitutes

18  evidence of continuing abuse, neglect, or abandonment unless

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

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

21  the failure of the department to make reasonable efforts to

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

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

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

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

26  goal of reunification with the parent.

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

28  conduct or had the opportunity and capability to prevent and

29  knowingly failed to prevent egregious conduct that threatens

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

31  the child or the child's sibling.

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

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

  3  parent or parents regardless of whether the child is related

  4  legally or by consanguinity.

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

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

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

  8  or outrageous by a normal standard of conduct. Egregious

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

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

11  endanger the life of the child.

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

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

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

15  chronic abuse.

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

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

18  felony assault that results in serious bodily injury to the

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

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

21  voluntary manslaughter or felony assault.

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

23  sibling have been terminated involuntarily.

24         Section 4.  Subsections (2) and (8) of section 39.811,

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

26         39.811  Powers of disposition; order of disposition.--

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

28  department and the court finds that the grounds for

29  termination of parental rights have been established by clear

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

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

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

  2  child-placing agency for the purpose of adoption.

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

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

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

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

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

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

  9  timely manner in accordance with the permanency plan and to

10  complete whatever steps are necessary to finalize the

11  permanent placement of the child. Thereafter, until the

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

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

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

15  made toward permanency for the child.

16         Section 5.  Section 39.812, Florida Statutes, 1998

17  Supplement, is amended to read:

18         39.812  Postdisposition relief; petition for

19  adoption.--

20         (1)  If A licensed child-placing agency or the

21  department which is given custody of a child for subsequent

22  adoption in accordance with this chapter, the department may

23  place the child with an agency as defined in s. 63.032, with a

24  child-caring agency registered under s. 409.176, or in a

25  family home for prospective subsequent adoption., and the

26  licensed child-placing agency or The department may thereafter

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

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

29  pending and consent to the adoption,; and that consent alone

30  shall in all cases be sufficient.

31

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

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

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

  4  any time after the order terminating parental rights is

  5  entered of the whereabouts of the child or of the identity or

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

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

  8  to this chapter or chapter 63.; and In any habeas corpus or

  9  other proceeding involving the child brought by any parent of

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

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

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

13  the child before a court of competent jurisdiction if the

14  child is still subject to the guardianship of the licensed

15  child-placing agency or department.

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

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

18  licensed child-placing agency or department to guardianship of

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

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

21  the person of the child.

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

23  placed in the custody of for whom custody is given to a

24  licensed child-placing agency or to the department until the

25  child is adopted. After custody of a child for subsequent

26  adoption has been given to an agency or the department, the

27  court has jurisdiction for the purpose of reviewing the status

28  of the child and the progress being made toward permanent

29  adoptive placement. As part of this continuing jurisdiction,

30  for good cause shown by the guardian ad litem for the child,

31

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  1  the court may review the appropriateness of the adoptive

  2  placement of the child.

  3         (5)  The petition for adoption must be filed in the

  4  division of the circuit court which entered the judgment

  5  terminating parental rights, unless a motion for change of

  6  venue is granted pursuant to s. 47.122. A copy of the consent

  7  executed by the department as required under s. 63.062(7) must

  8  be attached to the petition. The petition must be accompanied

  9  by a form provided by the department which details the social

10  and medical history of the child and each parent and includes

11  the social security number and date of birth for each parent,

12  if such information is available or readily obtainable. The

13  person seeking to adopt the child may not file a petition for

14  adoption until the judgment terminating parental rights

15  becomes final. An adoption proceeding under this subsection is

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

17         Section 6.  Section 63.022, Florida Statutes, 1998

18  Supplement, is amended to read:

19         63.022  Legislative intent.--

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

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

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

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

24  possible, to maintain sibling groups.

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

26  this chapter act are that:

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

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

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

30  court.

31

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

  2  court considers the reports of these studies prior to judgment

  3  on adoption petitions.

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

  5  to the Department of Children and Family Services.

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

  7  the minor child has lived within the proposed adoptive home

  8  under the guidance of the department, a child-caring agency

  9  registered under s. 409.176, or a licensed child-placing

10  agency.

11         (f)  All expenditures by adoption entities

12  intermediaries placing, and persons independently adopting, a

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

14  in the file of the adoption proceedings.

15         (g)  Social and medical information concerning the

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

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

18  hearing on a petition to terminate parental rights pending

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

20  intermediary.

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

22  the adoption judgment.

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

24  authorized to order temporary substitute care when it

25  determines that the minor is in an unsuitable home.

26         (j)  The records of all proceedings concerning custody

27  and adoption of a minor children are confidential and exempt

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

29  63.162.

30         (k)  The birth parent, the prospective adoptive parent,

31  and the minor child receive the same or similar safeguards,

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  1  guidance, counseling, and supervision in all adoptions an

  2  intermediary adoption as they receive in an agency or

  3  department adoption.

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

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

  6  orders as it deems necessary and suitable to promote and

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

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

  9  where termination of parental rights occurs, and siblings are

10  separated despite diligent efforts of the department,

11  continuing postadoption communication or contact among the

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

13  best interests of the children.

14         Section 7.  Section 63.032, Florida Statutes, is

15  amended to read:

16         63.032  Definitions.--As used in this chapter act,

17  unless the context otherwise requires, the term:

18         (1)(14)  "Abandoned" means a situation in which the

19  parent or person having legal custody legal custodian of a

20  child, while being able, makes no provision for the child's

21  support and makes no effort to communicate with the child,

22  which situation is sufficient to evince a willful rejection of

23  parental obligations. If, in the opinion of the court, the

24  efforts of such parent or person having legal custody of the

25  child legal custodian to support and communicate with the

26  child are only marginal efforts that do not evince a settled

27  purpose to assume all parental duties, the court may declare

28  the child to be abandoned.  In making this decision, the court

29  may consider the conduct of a father towards the child's

30  mother during her pregnancy.

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  1         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

  6  child born to such adoptive parents in lawful wedlock.

  7         (3)  "Adoption entity" means the department, an agency,

  8  a child-caring agency registered under s. 409.176, or an

  9  intermediary.

10         (4)(5)  "Adult" means a person who is not a minor.

11         (5)(7)  "Agency" means any child-placing agency

12  licensed by the department pursuant to s. 63.202 to place

13  minors for adoption.

14         (6)(2)  "Child" means a son or daughter, whether by

15  birth or adoption.

16         (7)(3)  "Court" means any circuit court of this state

17  and, when the context requires, the court of any state that is

18  empowered to grant petitions for adoption.

19         (8)(1)  "Department" means the Department of Children

20  and Family Services.

21         (9)(8)  "Intermediary" means an attorney or physician

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

23  who is placing or intends to place a child for adoption or,

24  for the purpose of adoptive placements of children from out of

25  state with citizens of this state, a child-placing agency

26  licensed in another state that is qualified by the department.

27         (10)  "Legal custody" has the meaning ascribed in s.

28  39.01.

29         (11)(4)  "Minor" means a person under the age of 18

30  years.

31

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  1         (12)  "Parent" has the same meaning ascribed in s.

  2  39.01.

  3         (13)(6)  "Person" includes a natural person,

  4  corporation, government or governmental subdivision or agency,

  5  business trust, estate, trust, partnership, or association,

  6  and any other legal entity.

  7         (14)  "Relative" has the same meaning ascribed in s.

  8  39.01.

  9         (15)(9)  "To place" or "placement" means the process of

10  a person giving a child up for adoption and the prospective

11  parents receiving and adopting the child, and includes all

12  actions by any person or adoption entity agency participating

13  in the process.

14         (16)(13)  "Primarily lives and works outside Florida"

15  means anyone who does not meet the definition of "primary

16  residence and place of employment in Florida."

17         (17)(12)  "Primary residence and place of employment in

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

19  6 months of the year and intends to do so for the foreseeable

20  future or military personnel who designate Florida as their

21  place of residence in accordance with the Soldiers' and

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

23  States Department of State living in a foreign country who

24  designate Florida as their place of residence.

25         (18)(11)  "Suitability of the intended placement"

26  includes the fitness of the intended placement, with primary

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

28  fitness and capabilities of the adoptive parent or parents to

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

30  familial relationship between the child and the prospective

31

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

  2  which the child is intended to be placed.

  3         Section 8.  Section 63.037, Florida Statutes, is

  4  created to read:

  5         63.037  Proceedings applicable to cases resulting from

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

  7  which a minor becomes available for adoption after the

  8  parental rights of each parent have been terminated by a

  9  judgment entered pursuant to chapter 39 shall be governed by

10  s. 39.812 and this chapter. Adoption proceedings initiated

11  under chapter 39 are exempt from the following provisions of

12  this chapter: disclosure requirements for the adoption entity

13  provided in s. 63.085; general provisions governing

14  termination of parental rights pending adoption provided in s.

15  63.087; notice and service provisions governing termination of

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

17  procedures for terminating parental rights pending adoption

18  provided in s. 63.089.

19         Section 9.  Section 63.039, Florida Statutes, is

20  created to read:

21         63.039  Duty of adoption entity to prospective adoptive

22  parents; sanctions.--

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

24  has an affirmative duty to follow the requirements of this

25  chapter; specifically, the following provisions, which protect

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

27  parents and prospective adoptive parents by promoting

28  certainty, finality, and permanency for such persons. The

29  adoption entity must:

30

31

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  1         (a)  Provide written initial disclosure to the

  2  prospective adoptive parent at the time and in the manner

  3  required under s. 63.085(1).

  4         (b)  Provide written initial and postbirth disclosure

  5  to the parent at the time and in the manner required under s.

  6  63.085.

  7         (c)  When a written consent for adoption is obtained,

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

  9  under s. 63.082.

10         (d)  When a written consent or affidavit of

11  nonpaternity for adoption is obtained, obtain a consent to

12  adoption or affidavit of nonpaternity that contains the

13  language required under s. 63.062 or s. 63.082.

14         (e)  Include in the petition to terminate parental

15  rights pending adoption all information required under s.

16  63.087(6)(e) and (f).

17         (f)  Obtain and file the affidavit of inquiry pursuant

18  to s. 63.088(3), if the required inquiry is not conducted

19  orally in the presence of the court.

20         (g)  When the identity of a person whose consent to

21  adoption is necessary under this chapter is known but the

22  location of such a person is unknown, conduct the diligent

23  search and file the affidavit required under s. 63.088(4).

24         (h)  Serve the petition and notice of hearing to

25  terminate parental rights pending adoption at the time and in

26  the manner required by s. 63.088.

27         (i)  Obtain the written waiver of venue required under

28  s. 63.062 in cases involving a child younger than 6 months of

29  age in which venue for the termination of parental rights will

30  be located in a county other than the county where the parent

31  whose rights are to be terminated resides.

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

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

  3  prospective adoptive parents for all sums paid by the

  4  prospective adoptive parents or on their behalf in

  5  anticipation of or in connection with an adoption.

  6         (3)  If a court finds that a consent or an affidavit of

  7  nonpaternity taken under this chapter was obtained by fraud or

  8  duress attributable to the adoption entity, the court must

  9  award all sums paid by the prospective adoptive parents or on

10  their behalf in anticipation of or in connection with the

11  adoption. The court may also award reasonable attorney's fees

12  and costs incurred by the prospective adoptive parents in

13  connection with the adoption and any litigation related to

14  placement or adoption of a minor. An award under this

15  subsection must be paid directly to the prospective adoptive

16  parents by the adoption entity or by any applicable insurance

17  carrier on behalf of the adoption entity.

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

19  required under s. 63.062 prevails in an action to set aside a

20  consent to adoption, a judgment terminating parental rights

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

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

23  award under this subsection must be paid by the adoption

24  entity or by any applicable insurance carrier on behalf of the

25  adoption entity if the court finds that the acts or omissions

26  of the entity were the basis for the court's order granting

27  relief to the prevailing party.

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

29  order that imposes sanctions under this section against an

30  attorney acting as an adoption agency or as an intermediary.

31  The court must provide to the Department of Children and

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  1  Family Services any order that imposes sanctions under this

  2  section against an agency. The order must be provided within

  3  30 days after the date that the order was issued.

  4         Section 10.  Subsection (1) of section 63.0425, Florida

  5  Statutes, is amended to read:

  6         63.0425  Grandparent's right to adopt.--

  7         (1)  When a child who has lived with a grandparent for

  8  at least 6 months is placed for adoption, the adoption entity

  9  agency or intermediary handling the adoption shall notify that

10  grandparent of the impending adoption before the petition for

11  adoption is filed. If the grandparent petitions the court to

12  adopt the child, the court shall give first priority for

13  adoption to that grandparent.

14         Section 11.  Section 63.052, Florida Statutes, 1998

15  Supplement, is amended to read:

16         63.052  Guardians designated; proof of commitment.--

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

18  and permanently committed to an agency as defined in s. 63.032

19  or a child-caring agency registered under s. 409.176, such the

20  agency shall be the guardian of the person of the minor child;

21  for those who have been placed for adoption with and

22  permanently committed to the department, the department shall

23  be the guardian of the person of the minor child.

24         (2)  For minors who have been voluntarily surrendered

25  to an intermediary through an execution of consent to

26  adoption, the intermediary shall be responsible for the minor

27  child until the time a court orders preliminary approval of

28  placement of the minor child in the prospective adoptive home,

29  at which time the prospective adoptive parents become

30  guardians pending finalization of adoption. Until a court has

31  terminated parental rights pending adoption and has ordered

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  1  preliminary approval of placement of the minor in the adoptive

  2  home, the minor must be placed in the care of a relative as

  3  defined in s. 39.01, in foster care, or in the care of a

  4  prospective adoptive home. No minor shall be placed in a

  5  prospective adoptive home until that home has received a

  6  favorable preliminary home study by a licensed child-placing

  7  agency, a licensed professional, or an agency, as provided in

  8  s. 63.092, within 1 year before such placement in the

  9  prospective home. Temporary placement in the prospective home

10  with the prospective adoptive parents does not give rise to a

11  presumption that the parental rights of the parents will

12  subsequently be terminated.

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

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

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

16  responsibility and authority to provide for the needs and

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

18  with or voluntarily surrendered to the department, but not

19  permanently committed to the department, the department shall

20  have the responsibility and authority to provide for the needs

21  and welfare for such minors.  The adoption entity may

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

23  agency has the authority to authorize all appropriate medical

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

25  adoption with or voluntarily surrendered to the adoption

26  entity them.  The provisions of s. 627.6578 shall remain in

27  effect notwithstanding the guardianship provisions in this

28  section.

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

30  subsequent adoption and a suitable prospective adoptive home

31  is not available pursuant to s. 63.092 at the time the minor

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  1  is surrendered to the intermediary or, if the minor is a

  2  newborn admitted to a licensed hospital or birth center, at

  3  the time the minor is discharged from the hospital or birth

  4  center, the minor must be placed in licensed foster care, the

  5  intermediary shall be responsible for the child until such a

  6  suitable prospective adoptive home is available.

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

  8  adoption entity intermediary for subsequent adoption and the

  9  adoption does not become final within 180 days, the adoption

10  entity intermediary must report to the court on the status of

11  the minor child and the court may at that time proceed under

12  s. 39.701 or take action reasonably necessary to protect the

13  best interest of the minor child.

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

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

16  permanently committed to the department shall be prima facie

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

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

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

20  agency that the minor child has been permanently committed and

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

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

23  license.

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

25  is not responsible for expenses incurred by other adoption

26  entities licensed child-placing agencies or intermediaries

27  participating in placement of a minor child for the purposes

28  of adoption.

29         (7)  The court retains jurisdiction of a minor who has

30  been placed for adoption until the adoption is final. After a

31  minor is placed with an adoption entity or prospective

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  1  adoptive parent, the court may review the status of the minor

  2  and the progress toward permanent adoptive placement. As part

  3  of this continuing jurisdiction, for good cause shown by a

  4  person whose consent to an adoption is required under s.

  5  63.062, the adoption entity, the parents, persons having legal

  6  custody of the minor, persons with custodial or visitation

  7  rights to the minor, persons entitled to notice pursuant to

  8  the Uniform Child Custody Jurisdiction Act or the Indian Child

  9  Welfare Act, or upon the court's own motion, the court may

10  review the appropriateness of the adoptive placement of the

11  minor.

12         Section 12.  Section 63.062, Florida Statutes, is

13  amended to read:

14         63.062  Persons required to consent to adoption;

15  affidavit of nonpaternity; waiver of venue.--

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

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

18  a petition to terminate parental rights pending adoption adopt

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

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

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

22         (a)  The mother of the minor.

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

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

25  was married to the mother;.

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

27         3.  The minor has been established by court proceeding

28  to be his child.

29         (c)  If there is no father as set forth in paragraph

30  (b), any man established to be the father of the child by

31

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  1  scientific tests that are generally acceptable within the

  2  scientific community to show a probability of paternity.

  3         (d)  If there is no father as set forth in paragraph

  4  (b) or paragraph (c), any man who the mother has reason to

  5  believe may be the father of the minor and who:

  6         1.4.  He Has acknowledged in writing, signed in the

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

  8  minor and has filed such acknowledgment with the Office of

  9  Vital Statistics of the Department of Health;.

10         2.5.  He Has provided, or has attempted to provide, the

11  child or the mother during her pregnancy with support in a

12  repetitive, customary manner; or.

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

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

15  action to terminate parental rights pending adoption pursuant

16  to this chapter.

17         (e)  Any person who is a party in any pending

18  proceeding in which paternity, custody, or termination of

19  parental rights regarding the minor is at issue.

20         (f)(c)  The minor, if more than 12 years of age, unless

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

22  minor's consent.

23         (2)  Any person whose consent is required under

24  paragraph (1)(c) or paragraph (1)(d) may execute an affidavit

25  of nonpaternity in lieu of a consent under this section and by

26  doing so waives notice to all court proceedings after the date

27  of execution. An affidavit of nonpaternity must be executed as

28  provided in s. 63.082. The person executing the affidavit must

29  receive disclosure under s. 63.085 prior to signing the

30  affidavit.

31

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  1         (3)  A person who signs a consent to adoption or an

  2  affidavit of nonpaternity must be given reasonable notice of

  3  his or her right to select a person who does not have an

  4  employment, professional, or personal relationship with the

  5  adoption entity or the prospective adoptive parents to be

  6  present when the consent to adoption or affidavit of

  7  nonpaternity is executed and to sign the consent or affidavit

  8  as a witness.

  9         (4)  An affidavit of nonpaternity must be in

10  substantially the following form:

11

12                    AFFIDAVIT OF NONPATERNITY

13

14              1.  I have personal knowledge of the facts

15         stated in this affidavit.

16              2.  I have been told that .... has a

17         child. I shall not establish or claim paternity

18         for this child, whose name is ... and whose

19         date of birth is ....

20              3.  The child referenced in this affidavit

21         was not conceived or born while the birth

22         mother was married to me. I AM NOT MARRIED TO

23         THE BIRTH MOTHER, nor do I intend to marry the

24         birth mother.

25              4.  With respect to the child referenced

26         in this affidavit, I have not provided the

27         birth mother with child support or prebirth

28         support; I have not provided her with prenatal

29         care or assisted her with medical expenses; I

30         have not provided the birth mother or her child

31

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  1         or unborn child with support of any kind, nor

  2         do I intend to do so.

  3              5.  I have no interest in assuming the

  4         responsibilities of parenthood for this child.

  5         I will not acknowledge in writing that I am the

  6         father of this child nor institute court

  7         proceedings to establish the child as mine.

  8              6.  I do not object to any decision or

  9         arrangements .... makes regarding this child,

10         including adoption.

11              7.  I have been told of my right to choose

12         a person who does not have an employment,

13         professional, or personal relationship with the

14         adoption entity or the prospective adoptive

15         parents to be present when this affidavit is

16         executed and to sign it as a witness.

17

18         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

19         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

20         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

21

22         (5)(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         (6)(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 this section 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         (7)(4)  If parental rights to the minor have previously

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

  9  child-caring agency registered under s. 409.176, or the

10  department with which the minor child has been placed for

11  subsequent adoption may provide consent to the adoption.  In

12  such case, no other consent is required.

13         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

19  provided in this chapter section.

20         (9)(a)  In cases involving a child younger than 6

21  months of age in which venue for the termination of parental

22  rights may be located in a county other than where the parent

23  whose rights are to be terminated resides, the adoption entity

24  must obtain, from any party executing an affidavit of

25  nonpaternity or consent, a waiver of venue, which must be

26  filed with the petition and must be in substantially the

27  following form:

28

29                         WAIVER OF VENUE

30

31

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  1         I understand that I have the right to require

  2         that the Petition to terminate my parental

  3         rights be filed in the county where I reside. I

  4         waive such right so that the Petition to

  5         Terminate Parental Rights may be filed by

  6         ...(adoption entity)... in ...(county name)...

  7         county, Florida.

  8

  9         I understand that, after signing this waiver, I

10         may object to the county where the proceedings

11         to terminate my parental rights will be held by

12         appearing at the hearing or by filing a written

13         objection, on the attached form, with the Clerk

14         of the Court who is located at ...(address of

15         court).... If I later object to this transfer

16         of venue, the case will be transferred to a

17         county in Florida in which I reside. If I have

18         no such residence, the case will be transferred

19         to a county where another parent resides or

20         where at least one parent resided at the time

21         of signing a consent or affidavit of

22         nonpaternity.

23

24         (b)1.  The waiver of venue must be a separate document

25  containing no consents, disclosures, or other information

26  unrelated to venue.

27         2.  Adoption entities must attach to the waiver of

28  venue a form that the parent whose rights are to be terminated

29  may use to request a transfer of venue for the proceeding.

30  This form must contain the intended caption of the action for

31  termination of parental rights and information identifying the

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  1  child which will be sufficient for the clerk to properly file

  2  the form upon receipt.

  3         3.  This form must include a notice that if an adoption

  4  entity knows that a parent whose rights will be terminated

  5  intends to object to the termination but intentionally files

  6  the petition for termination of parental rights in a county

  7  which is not consistent with the required venue under such

  8  circumstances, the adoption entity shall be responsible for

  9  the attorney's fees of the parent contesting the transfer of

10  venue.

11         Section 13.  Section 63.082, Florida Statutes, is

12  amended to read:

13         63.082  Execution of consent to adoption or affidavit

14  of nonpaternity; family social and medical history; withdrawal

15  of consent.--

16         (1)  Consent to an adoption or an affidavit of

17  nonpaternity shall be executed as follows:

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

19  statement in the presence of the court or by being

20  acknowledged before a notary public.

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

22  representative.

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

24  court or by affidavit.

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

26  certificate of the court.

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

28  the adopting parent is valid if the consent contains a

29  statement by the person consenting that the consent was

30  voluntarily executed and that identification of the adopting

31  parent is not required for granting the consent.

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

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

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

  4  The Forms containing, at a minimum, the same information as

  5  the forms promulgated by the department completed by the birth

  6  parents must be attached to the petition to terminate parental

  7  rights pending adoption and must contain such biological and

  8  sociological information, or such information as to the family

  9  medical history, regarding the minor child and the birth

10  parents, as is required by the department. The information

11  must be incorporated into the final home investigation report

12  specified in s. 63.125. Each parent must The court may also

13  require that the birth mother be interviewed by a

14  representative of the department, a licensed child-placing

15  agency, or a licensed professional, pursuant to s. 63.092,

16  before the consent is executed, unless the parent cannot be

17  located or identified. A summary of each interview, or a

18  statement that the parent is unlocated or unidentified, must

19  be filed with the petition to terminate parental rights

20  pending adoption and included in the final home investigation

21  report filed under s. 63.125. The interview may be excused by

22  the court for good cause.

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

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

25  certificate of the court if executed under s. 63.062(5)(b)

26  must be attached to the petition to terminate parental rights

27  pending adoption and must be accompanied by a family medical

28  history that includes such information concerning the medical

29  history of the child and the birth parents as is available or

30  readily obtainable.

31

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  1         (c)  If any required consent or social and medical

  2  history is unavailable because the person whose consent is

  3  required cannot be located or identified, the petition to

  4  terminate parental rights pending adoption must be accompanied

  5  by the affidavit of diligent search required under s. 63.088.

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

  7  nonpaternity shall not for voluntary surrender must be

  8  executed before after the birth of the minor.

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

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

11  from a licensed hospital or birth center following birth,

12  shall not be executed sooner than 48 hours after the minor's

13  birth or the day the birth mother has been notified in

14  writing, either on her patient chart or in release paperwork,

15  that she is fit to be released from a licensed hospital or

16  birth center, whichever is earlier. A consent executed under

17  this paragraph is valid upon execution and may be withdrawn

18  only if the court finds that it was obtained by fraud or under

19  duress.

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

21  pursuant to s. 63.052 upon the minor's release from a licensed

22  hospital or birth center following birth, the consent to

23  adoption may be executed at any time after the birth of the

24  minor. While such consent is valid upon execution, it is

25  subject to the 3-day revocation period under subsection (7) or

26  may be revoked at any time prior to the placement of the minor

27  with the prospective adoptive parents, whichever is later.

28         (d)  The consent to adoption or the affidavit of

29  nonpaternity must be signed child, in the presence of two

30  witnesses, and be acknowledged before a notary public who is

31  not signing as one of the witnesses. The notary public must

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  1  legibly note on the consent or the affidavit the date and time

  2  of execution. The witnesses' names must be typed or printed

  3  underneath their signatures. The witnesses', and their home or

  4  business addresses and social security numbers, driver's

  5  license numbers, or state identification card numbers must be

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

  7  license number, or state identification card number shall not

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

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

10  the witnesses be an individual who does not have an

11  employment, professional, or personal relationship with the

12  adoption entity or the prospective adoptive parents. The

13  adoption entity must give reasonable notice to the person

14  signing the consent or affidavit of the right to select a

15  witness of his or her own choosing. The person who signs the

16  consent or affidavit must acknowledge in writing on the

17  consent or affidavit that such notice was given and indicate

18  the witness, if any, who was selected by the person signing

19  the consent or affidavit. The adoption entity must include its

20  name, address, and telephone number on the consent to adoption

21  or affidavit of nonpaternity.

22         (e)  A consent to adoption must contain, in at least

23  16-point boldfaced type, an acknowledgment of the parent's

24  rights in substantially the following form:

25

26         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

27         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

28         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

29         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

30         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

31         EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST

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  1         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

  2         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

  3         OR WITNESSES YOU SELECTED, IF ANY.

  4

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

  6         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

  7         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

  8

  9              1.  CONSULT WITH AN ATTORNEY;

10              2.  HOLD, CARE FOR, AND FEED THE CHILD;

11              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

12         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

13         WILLING TO CARE FOR THE CHILD;

14              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

15         LEGALLY PROHIBITED; AND

16              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

17         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

18         THROUGH WITH THE ADOPTION.

19

20         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP

21         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

22         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

23         LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A

24         CHILD WHO IS TO BE PLACED FOR ADOPTION UPON THE

25         CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

26         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

27         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

28         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

29         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

30         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

31         CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO

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  1         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

  2         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

  3         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

  4         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

  5         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

  6         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

  7

  8         IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO

  9         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

10         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

11         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

12         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

13         CHILD. WHILE THE CONSENT IS VALID AND BINDING

14         WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.

15         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

16         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

17         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

18         TO THE PLACEMENT OF THE CHILD WITH THE

19         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

20         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

21         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

22         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

23         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

24         LATER.

25

26         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

27         PERIOD, YOU MUST:

28              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

29         A LETTER, THAT YOU ARE WITHDRAWING YOUR

30         CONSENT.

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  1              2.  MAIL THE LETTER AT A UNITED STATES

  2         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

  3         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

  4         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

  5         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

  6         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

  7         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

  8         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

  9              3.  SEND THE LETTER BY CERTIFIED UNITED

10         STATES MAIL WITH RETURN RECEIPT REQUESTED.

11              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

12         THE LETTER.

13              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

14         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

15         MANNER.

16

17         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

18         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

19         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

20         IN WRITING BY CERTIFIED UNITED STATES MAIL,

21         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

22         YOU SHOULD NOTIFY IS:  ...(name of adoption

23         entity)..., ...(address of adoption entity)...,

24         ...(phone number of adoption entity)....

25

26         ONCE THE REVOCATION PERIOD IS OVER, OR THE

27         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

28         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

29         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

30         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

31         FRAUD OR UNDER DURESS.

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  1

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

  3  nonpaternity is executed by a parent, but after the birth of

  4  the minor, all requirements of disclosure under s. 63.085 must

  5  be met.

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

  7  termination of parental rights pending adoption must be

  8  provided to the person who executed the consent to adoption.

  9  The copy must be hand delivered, with a written acknowledgment

10  of receipt signed by the person whose consent is required, or

11  mailed by first class United States mail to the address of

12  record in the court file. If a copy of a consent cannot be

13  provided as required in this subsection, the adoption entity

14  must execute an affidavit stating why the copy of the consent

15  is undeliverable. The original consent and acknowledgment of

16  receipt, an acknowledgment of mailing by the adoption entity,

17  or an affidavit stating why the copy of the consent is

18  undeliverable must be filed with the petition for termination

19  of parental rights pending adoption.

20         (7)(5)(a)  A consent that is being withdrawn under

21  paragraph (4)(c) may be withdrawn at any time prior to the

22  minor's placement with the prospective adoptive parents or by

23  notifying the adoption entity in writing by certified United

24  States mail, return receipt requested, not later than 3

25  business days after execution of the consent or 1 business day

26  after the date of the birth mother's discharge from a licensed

27  hospital or birth center, whichever occurs later. As used in

28  this subsection, the term "business day" means any day on

29  which the United States Postal Service accepts certified mail

30  for delivery.

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  1         (b)  Upon receiving written notice from a person of

  2  that person's desire to withdraw consent to adoption, the

  3  adoption entity must contact the prospective adoptive parent

  4  to arrange a time certain for the adoption entity to regain

  5  physical custody of the minor, unless, upon a motion for

  6  emergency hearing by the adoption entity, the court determines

  7  in written findings that placement of the minor with the

  8  person withdrawing consent may endanger the minor.

  9         (c)  If the court finds that such placement may

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

11  continued placement of the minor. The order shall include, but

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

13  is appropriate, whether an investigation by the department is

14  recommended, and whether a relative within the third degree is

15  available for the temporary placement.

16         (d)  If the person withdrawing consent claims to be the

17  father of the minor but has not been established to be the

18  father by marriage, court order, or scientific testing, the

19  court may order scientific paternity testing and reserve

20  ruling on removal of the minor until the results of such

21  testing have been filed with the court.

22         (e)  The adoption entity must return the minor within 3

23  days after notification of the withdrawal of consent or after

24  the court determines that withdrawal is valid and binding upon

25  consideration of an emergency motion, as filed pursuant to

26  subsection (b), to the physical custody of the person

27  withdrawing consent.

28         (f)  Following the revocation period for withdrawal of

29  consent described in paragraph (a), or the placement of the

30  child with the prospective adoptive parents, whichever occurs

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  1  later, consent may be withdrawn only when the court finds that

  2  the consent was obtained by fraud or under duress.

  3         (g)  An affidavit of nonpaternity may be withdrawn only

  4  if the court finds that the affidavit was obtained by fraud or

  5  under duress.

  6         Section 14.  Section 63.085, Florida Statutes, is

  7  amended to read:

  8         (Substantial rewording of section. See

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

10         63.085  Disclosure by adoption entity.--

11         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

12  ADOPTIVE PARENTS.--Not later than 7 days after a person

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

14  for adoption contacts an adoption entity in person or provides

15  the adoption entity with a mailing address, the entity must

16  provide a written disclosure statement to that person. If an

17  adoption entity is assisting in the effort to terminate the

18  parental rights of a parent who did not initiate the contact

19  with the adoption entity, the written disclosure must be

20  provided within 7 days after that parent is identified and

21  located. The written disclosure statement must be in

22  substantially the following form:

23

24                       ADOPTION DISCLOSURE

25

26         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

27         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

28         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

29         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

30         ADOPTION UNDER FLORIDA LAW:

31

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  1              1.  Under section 63.102, Florida

  2         Statutes, the existence of a placement or

  3         adoption contract signed by the parent or

  4         prospective adoptive parent, prior approval of

  5         that contract by the court, or payment of any

  6         expenses permitted under Florida law does not

  7         obligate anyone to sign a consent or ultimately

  8         place a minor for adoption.

  9              2.  Under sections 63.092 and 63.125,

10         Florida Statutes, a favorable preliminary home

11         study, before the minor may be placed in that

12         home, and a final home investigation, before

13         the adoption becomes final, must be completed.

14              3.  Under section 63.082, Florida

15         Statutes, a consent to adoption or affidavit of

16         nonpaternity may not be signed until after the

17         birth of the minor.

18              4.  Under section 63.082, Florida

19         Statutes, if the minor is to be placed for

20         adoption upon release from a licensed hospital

21         or birth center following birth, the consent to

22         adoption may not be signed until 48 hours after

23         birth or until the day the birth mother has

24         been notified in writing, either on her patient

25         chart or in release papers, that she is fit to

26         be released from the licensed hospital or birth

27         center, whichever is sooner. The consent to

28         adoption or affidavit of nonpaternity is valid

29         and binding upon execution unless the court

30         finds it was obtained by fraud or under duress.

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  1              5.  Under section 63.082, Florida

  2         Statutes, if the minor is not placed for

  3         adoption upon release from the hospital or

  4         birth center following birth, a 3-day

  5         revocation period applies during which consent

  6         may be withdrawn for any reason by notifying

  7         the adoption entity in writing. In order to

  8         withdraw consent, the written withdrawal of

  9         consent must be mailed at a United States Post

10         Office no later than 3 business days after

11         execution of the consent or 1 business day

12         after the date of the birth mother's discharge

13         from a licensed hospital or birth center,

14         whichever occurs later. For purposes of mailing

15         the withdrawal of consent, the term "business

16         day" means any day on which the United States

17         Postal Service accepts certified mail for

18         delivery. The letter must be sent by certified

19         United States mail, return receipt requested.

20         Postal costs must be paid at the time of

21         mailing and the receipt should be retained as

22         proof that consent was withdrawn in a timely

23         manner.

24              6.  Under section 63.082, Florida

25         Statutes, and notwithstanding the revocation

26         period, the consent may be withdrawn at any

27         time prior to the placement of the child, by

28         notifying the adoption entity in writing by

29         certified United States mail, return receipt

30         requested.

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  1              7.  Under section 63.082, Florida

  2         Statutes, if an adoption entity timely receives

  3         written notice from a person of that person's

  4         desire to withdraw consent, the adoption entity

  5         must contact the prospective adoptive parent to

  6         arrange a time certain to regain physical

  7         custody of the child. Absent a court order for

  8         continued placement of the child entered under

  9         section 63.082, Florida Statutes, the adoption

10         entity must return the minor within 3 days

11         after notification of the withdrawal of consent

12         to the physical custody of the person

13         withdrawing consent. After the revocation

14         period for withdrawal of consent ends, the

15         consent may be withdrawn only if the court

16         finds that the consent was obtained by fraud or

17         under duress.

18              8.  Under section 63.082, Florida

19         Statutes, an affidavit of nonpaternity, once

20         executed, may be withdrawn only if the court

21         finds that it was obtained by fraud or under

22         duress.

23              9.  Under section 63.082, Florida

24         Statutes, a person who signs a consent to

25         adoption or an affidavit of nonpaternity must

26         be given reasonable notice of his or her right

27         to select a person who does not have an

28         employment, professional, or personal

29         relationship with the adoption entity or the

30         prospective adoptive parents to be present when

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  1         the consent or affidavit is executed and to

  2         sign the consent or affidavit as a witness.

  3              10.  Under section 63.088, Florida

  4         Statutes, specific and extensive efforts are

  5         required by law to attempt to obtain the

  6         consents required under section 63.062, Florida

  7         Statutes. If these efforts are unsuccessful,

  8         the court may not enter a judgment terminating

  9         parental rights pending adoption until certain

10         requirements have been met.

11              11.  Under Florida law, an intermediary

12         may represent the legal interests of only the

13         prospective adoptive parents. Each person whose

14         consent to an adoption is required under

15         section 63.062, Florida Statutes, is entitled

16         to seek independent legal advice and

17         representation before signing any document or

18         surrendering parental rights.

19              12.  Under section 63.182, Florida

20         Statutes, an action or proceeding of any kind

21         to vacate, set aside, or otherwise nullify a

22         judgment of adoption or an underlying judgment

23         terminating parental rights pending adoption,

24         on any ground, including duress but excluding

25         fraud, must be filed within 1 year after entry

26         of the judgment terminating parental rights

27         pending adoption. Such an action or proceeding

28         for fraud must be filed within 2 years after

29         entry of the judgment terminating parental

30         rights.

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  1              13.  Under section 63.089, Florida

  2         Statutes, a judgment terminating parental

  3         rights pending adoption is voidable and any

  4         later judgment of adoption of that minor is

  5         voidable if, upon the motion of a parent, the

  6         court finds that any person knowingly gave

  7         false information that prevented the parent

  8         from timely making known his or her desire to

  9         assume parental responsibilities toward the

10         minor or to exercise his or her parental

11         rights. The motion must be filed with the court

12         that originally entered the judgment. The

13         motion must be filed within a reasonable time,

14         but not later than 2 years after the date the

15         judgment to which the motion is directed was

16         entered.

17              14.  Under section 63.165, Florida

18         Statutes, the State of Florida maintains a

19         registry of adoption information. Information

20         about the registry is available from the

21         Department of Children and Family Services.

22              15.  Under section 63.032, Florida

23         Statutes, a court may find that a parent has

24         abandoned his or her child based on conduct

25         during the pregnancy or based on conduct after

26         the child is born. In addition, under section

27         63.089, Florida Statutes, the failure of a

28         parent to respond to notices of proceedings

29         involving his or her child shall result in

30         termination of parental rights of a parent. A

31         lawyer can explain what a parent must do to

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  1         protect his or her parental rights. Any parent

  2         wishing to protect his or her parental rights

  3         should act IMMEDIATELY.

  4              16.  Each parent and prospective adoptive

  5         parent is entitled to independent legal advice

  6         and representation. Attorney information may be

  7         obtained from the yellow pages, The Florida

  8         Bar's lawyer referral service, and local legal

  9         aid offices and bar associations.

10              17.  Counseling services may be helpful

11         while making a parenting decision. Consult the

12         yellow pages of the telephone directory.

13              18.  Medical and social services support

14         is available if the parent wishes to retain

15         parental rights and responsibilities. Consult

16         the Department of Children and Family Services.

17              19.  Under section 63.039, Florida

18         Statutes, an adoption entity has certain legal

19         responsibilities and may be liable for damages

20         to persons whose consent to an adoption is

21         required or to prospective adoptive parents for

22         failing to materially meet those

23         responsibilities. Damages may also be recovered

24         from an adoption entity if a consent to

25         adoption or affidavit of nonpaternity is

26         obtained by fraud or under duress attributable

27         to an adoption entity.

28              20.  Under section 63.097, Florida

29         Statutes, reasonable living expenses of the

30         birth mother may be paid by the prospective

31         adoptive parents and the adoption entity only

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  1         if the birth mother is unable to pay due to

  2         unemployment, underemployment, or disability.

  3         The law also allows payment of reasonable and

  4         necessary medical expenses, expenses necessary

  5         to comply with the requirements of chapter 63,

  6         Florida Statutes, court filing expenses, and

  7         costs associated with advertising. Certain

  8         documented legal, counseling, and other

  9         professional fees may be paid. Prior approval

10         of the court is not required until the

11         cumulative total of amounts permitted exceeds

12         $2,500 in legal or other fees, $500 in court

13         costs, or $3,000 in expenses. The following

14         fees, costs, and expenses are prohibited:

15              a.  Any fee or expense that constitutes

16         payment for locating a minor for adoption.

17              b.  Cumulative expenses in excess of

18         $1,500 which are incurred prior to the date the

19         prospective adoptive parent retains the

20         adoption entity.

21              c.  Any lump-sum payment to the entity

22         which is nonrefundable directly to the payor or

23         which is not itemized on the affidavit.

24              d.  Any fee on the affidavit which does

25         not specify the service that was provided and

26         for which the fee is being charged, such as a

27         fee for facilitation or acquisition.

28

29         The court may reduce amounts charged or refund

30         amounts that have been paid if it finds that

31

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  1         these amounts were more than what was

  2         reasonable or allowed under the law.

  3              21.  Under section 63.132, Florida

  4         Statutes, the adoption entity and the

  5         prospective adoptive parents must sign and file

  6         with the court a written statement under oath

  7         listing all the fees, expenses, and costs made,

  8         or agreed to be made, by or on behalf of the

  9         prospective adoptive parents and any adoption

10         entity in connection with the adoption. The

11         affidavit must state whether any of the

12         expenses were or are eligible to be paid for by

13         any other source. A copy of the affidavit shall

14         be sent to the Department of Children and

15         Family Services which must keep it for 5 years

16         and provide a copy to any person who asks for

17         it. On any copy given out, the department must

18         black out any words that identify the child,

19         the parents, or the prospective adoptive

20         parents.

21              22.  Under section 63.132, Florida

22         Statutes, the court order approving the money

23         spent on the adoption must be separate from the

24         judgment making the adoption final. The court

25         may approve only certain costs and expenses

26         allowed under s. 63.097. The court may approve

27         only fees that are allowed under law and that

28         it finds to be "reasonable." A good idea of

29         what is and is not allowed to be paid for in an

30         adoption can be determined by reading sections

31         63.097 and 63.132, Florida Statutes.

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  1

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

  3  must obtain a written statement acknowledging receipt of the

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

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

  6  obtain such an acknowledgment, the adoption entity must

  7  execute an affidavit stating why an acknowledgment could not

  8  be obtained. If the disclosure was delivered by certified

  9  United States mail, return receipt requested, a return receipt

10  signed by the person from whom acknowledgment is required is

11  sufficient to meet the requirements of this subsection. A copy

12  of the acknowledgment of receipt of the disclosure must be

13  provided to the person signing it.  A copy of the

14  acknowledgment or affidavit executed by the adoption entity in

15  lieu of the acknowledgment must be maintained in the file of

16  the adoption entity. The original acknowledgment or affidavit

17  must be filed with the court. In the case of a disclosure

18  provided under subsection (1), the original acknowledgment or

19  affidavit must be included in the preliminary home study

20  required in s. 63.092.

21         (3)  POSTBIRTH DISCLOSURE TO PARENTS.--Before execution

22  of any consent to adoption by a parent, but after the birth of

23  the minor, all requirements of subsections (1) and (2) for

24  making certain disclosures to a parent and obtaining a written

25  acknowledgment of receipt must be repeated.

26         Section 15.  Section 63.087, Florida Statutes, is

27  created to read:

28         63.087  Proceeding to terminate parental rights pending

29  adoption; general provisions.--

30         (1)  INTENT.--It is the intent of the Legislature that

31  a court determine whether a minor is legally available for

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  1  adoption through a separate proceeding terminating parental

  2  rights prior to the filing of a petition for adoption.

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

  4  Procedure govern a proceeding to terminate parental rights

  5  pending adoption unless otherwise provided by law.

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

  7  competent to decide child welfare or custody matters has

  8  jurisdiction to hear all matters arising from a proceeding to

  9  terminate parental rights pending adoption. All subsequent

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

11  termination is granted, must be conducted by the same judge

12  who conducted the termination proceedings, whenever possible.

13  The court may change the venue in accordance with s. 47.122.

14         (4)  VENUE.--

15         (a)  A petition to terminate parental rights pending

16  adoption must be filed:

17         1.  In the county where the child resided for the

18  previous 6 months;

19         2.  If the child is younger than 6 months of age or has

20  not continuously resided in one county for the previous 6

21  months, in the county where the parent resided at the time of

22  the execution of the consent to adoption or the affidavit of

23  nonpaternity;

24         3.  If the child is younger than 6 months of age and a

25  waiver of venue has been obtained pursuant to 63.062 in the

26  county where the adoption entity is located or, if the

27  adoption entity has more than one place of business, in the

28  county which is located in closest proximity to the county in

29  which the parent whose rights are to be terminated resided at

30  the time of execution of the consent or affidavit of

31  nonpaternity; or

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  1         4.  If there is no consent or affidavit of nonpaternity

  2  executed by a parent, in the county where the birth mother

  3  resides.

  4         (b)  Regardless of the age of the child, if the

  5  adoption entity is notified that a parent whose parental

  6  rights are to be terminated intends to contest the

  7  termination, venue must be in the county where that parent

  8  resides. If there is no such residence in this state, venue

  9  must be in the county where:

10         1.  At least one parent whose rights are to be

11  terminated resides; or

12         2.  At least one parent resided at the time of

13  execution of a consent or affidavit of nonpaternity.

14         (c)  If a petition for termination of parental rights

15  has been filed and a parent whose rights are to be terminated

16  objects to venue, there shall be a hearing in which the court

17  shall immediately transfer venue to one of the counties listed

18  in this subsection. The court is to consider for purposes of

19  selecting venue the ease of access to the court of the parent

20  who intends to contest a termination of parental rights.

21         (d)  If there is a transfer of venue, the adoption

22  entity or the petitioner shall bear the cost of venue

23  transfer.

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

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

26  judge signed the judgment terminating parental rights pending

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

28  the minor has been the subject of a judgment terminating

29  parental rights under chapter 39.

30         (6)  PETITION.--

31

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  1         (a)  A proceeding seeking to terminate parental rights

  2  pending adoption pursuant to this chapter must be initiated by

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

  4  minor.

  5         (b)  The petition may be filed by a parent or person

  6  having legal custody of the minor. The petition may be filed

  7  by an adoption entity only if a parent or person having legal

  8  custody who has executed a consent to adoption pursuant to s.

  9  63.082 consents in writing to the entity filing the petition.

10  The original of such consent must be filed with the petition.

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

12  the Proposed Adoption of a Minor Child."

13         (d)  A petition to terminate parental rights may be

14  consolidated with a previously filed petition for a

15  declaratory statement filed under s. 63.102. Only one filing

16  fee may be assessed for both the termination of parental

17  rights and declaratory-statement petitions. 

18         (e)  The petition to terminate parental rights pending

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

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

21  petition. A written consent to adoption, affidavit of

22  nonpaternity, or affidavit of diligent search under s. 63.088,

23  for each person whose consent to adoption is required under s.

24  63.062, must be executed and attached.

25         (f)  The petition must include:

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

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

28  minor is or has been known, excluding the minor's prospective

29  adoptive name but including the minor's legal name at the time

30  of the filing of the petition, to allow interested parties to

31  the action, including parents, persons having legal custody of

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  1  the minor, persons with custodial or visitation rights to the

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

  3  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

  6  is 6 months old and if the identity or location of the father

  7  is unknown, each city in which the mother resided or traveled,

  8  in which conception may have occurred, during the 12 months

  9  before the minor's birth, including the county and state in

10  which that city is located.

11         3.  Unless a consent to adoption or affidavit of

12  nonpaternity executed by each person whose consent is required

13  under s. 63.062 is attached to the petition, the name and the

14  city of residence, including the county and state in which

15  that city is located, of:

16         a.  The minor's mother;

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

18  the minor's father; and

19         c.  Any person who has legal custody, as defined in s.

20  39.01, of the minor.

21

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

23  so state.

24         4.  All information required by the Uniform Child

25  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

27  which the petition is based.

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

29  adoption entity seeking to place the minor for adoption.

30

31

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  1         7.  The name, address, and telephone number of the

  2  division of the circuit court in which the petition is to be

  3  filed.

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

  5  any pleading need not be filed by any minor, parent, or person

  6  having legal custody of the minor, but any matter that might

  7  be set forth in an answer or other pleading may be pleaded

  8  orally before the court or filed in writing.  However, failure

  9  to file a written response or to appear at the hearing on the

10  petition constitutes grounds upon which the court may

11  terminate parental rights. Notwithstanding the filing of any

12  answer or any pleading, any person present at the hearing to

13  terminate parental rights pending adoption whose consent to

14  adoption is required under s. 63.062 must:

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

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

17  person may consult with an attorney;

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

19  the petition; and

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

21  of any consent or affidavit of nonpaternity signed by any

22  person.

23         Section 16.  Section 63.088, Florida Statutes, is

24  created to read:

25         63.088  Proceeding to terminate parental rights pending

26  adoption; notice and service; diligent search.--

27         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

30  adoption entity must begin the inquiry and diligent search

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

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

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

  3  place the minor for adoption with that entity, or not later

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

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

  6  the person seeking to place a minor for adoption.

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

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

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

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

11  not executed an affidavit of nonpaternity and whose location

12  and identity have been determined by compliance with the

13  procedures in this section, must be personally served,

14  pursuant to chapter 48, at least 30 days before the hearing

15  with a copy of the petition to terminate parental rights

16  pending adoption and with notice in substantially the

17  following form:

18

19                  NOTICE OF PETITION AND HEARING

20          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

21

22         A petition to terminate parental rights pending

23         adoption has been filed. A copy of the petition

24         is being served with this notice. There will be

25         a hearing on the petition to terminate parental

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

27         ... (time) ... before ... (judge) ... at ...

28         (location, including complete name and street

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

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

31         hearing. If you executed a consent or an

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  1         affidavit of nonpaternity and a waiver of

  2         venue, you have the right to request that the

  3         termination of parental rights hearing be

  4         transferred to the county in which you reside.

  5

  6         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

  7         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

  8         THE COURT OR TO APPEAR AT THIS HEARING

  9         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

10         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

11         THE MINOR CHILD.

12

13         (3)  REQUIRED INQUIRY.--In proceedings initiated under

14  s. 63.087, the court must conduct an inquiry of the person who

15  is placing the minor for adoption and of any relative or

16  person having legal custody of the minor who is present at the

17  hearing and likely to have the following information regarding

18  the identity of:

19         (a)  Any person to whom the mother of the minor was

20  married at any time when conception of the minor may have

21  occurred or at the time of the birth of the minor;

22         (b)  Any person who has been declared by a court to be

23  the father of the minor;

24         (c)  Any man with whom the mother was cohabiting at any

25  time when conception of the minor may have occurred;

26         (d)  Any person the mother has reason to believe may be

27  the father and from whom she has received payments or promises

28  of support with respect to the minor or because of her

29  pregnancy;

30

31

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  1         (e)  Any person the mother has named as the father on

  2  the birth certificate of the minor or in connection with

  3  applying for or receiving public assistance;

  4         (f)  Any person who has acknowledged or claimed

  5  paternity of the minor; and

  6         (g)  Any person the mother has reason to believe may be

  7  the father.

  8

  9  The information required under this subsection may be provided

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

11  having personal knowledge of the facts, addressing each

12  inquiry enumerated in this subsection, except that, if the

13  inquiry identifies a father under paragraph (a) or paragraph

14  (b), the inquiry shall not continue further. The inquiry

15  required under this subsection may be conducted before the

16  birth of the minor.

17         (4)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry

18  by the court under subsection (3) identifies any person whose

19  consent to adoption is required under s. 63.062 and who has

20  not executed a consent to adoption or an affidavit of

21  nonpaternity, and the location of the person from whom consent

22  is required is unknown, the adoption entity must conduct a

23  diligent search for that person which must include inquiries

24  concerning:

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

26  address, through an inquiry of the United States Postal

27  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

  4  funds have been mailed;

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

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

  7  the area where the person last resided;

  8         (d)  Regulatory agencies, including those regulating

  9  licensing in the area where the person last resided;

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

11  such can be reasonably obtained from the petitioner or other

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

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

14  leads of any addresses to which the person may have moved.

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

16  sisters, aunts, uncles, cousins, nieces, nephews,

17  grandparents, great-grandparents, former or current in-laws,

18  stepparents, and stepchildren;

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

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

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

22  last resided;

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

24  where the person last resided;

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

26  person last resided;

27         (j)  Department of Corrections records in the state

28  where the person last resided;

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

30  resided;

31

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

  2  sewer, cable television, and electric companies, in the area

  3  where the person last resided;

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

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

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

  7  the area where the person last resided;

  8         (o)  Search of one Internet databank locator service;

  9  and

10         (p)  Information held by all medical providers who

11  rendered medical treatment or care to the birth mother and

12  child, including the identity and location information of all

13  persons listed by the mother as being financially responsible

14  for the uninsured expenses of treatment or care and all

15  persons who made any such payments.

16

17  Any person contacted by a petitioner or adoption entity who is

18  requesting information pursuant to this subsection must

19  release the requested information to the petitioner or

20  adoption entity, except when prohibited by law, without the

21  necessity of a subpoena or court order. An affidavit of

22  diligent search executed by the petitioner and the adoption

23  entity must be filed with the court confirming completion of

24  each aspect of the diligent search enumerated in this

25  subsection and specifying the results. The diligent search

26  required under this subsection may be conducted before the

27  birth of the minor.

28         (5)  LOCATION UNKNOWN OR IDENTITY UNKNOWN.--This

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

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

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

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

  2  the person or the diligent search under subsection (4) fails

  3  to locate the person. The unlocated or unidentified person

  4  must be served notice under subsection (2) by constructive

  5  service in the manner provided in chapter 49 in each county

  6  identified in the petition, as provided in s. 63.087(6). The

  7  notice, in addition to all information required in the

  8  petition under s. 63.087(6) and chapter 49, must contain a

  9  physical description, including, but not limited to, age,

10  race, hair and eye color, and approximate height and weight of

11  the minor's mother and of any person the mother reasonably

12  believes may be the father; the minor's date of birth; and any

13  date and city, including the county and state in which the

14  city is located, in which conception may have occurred. If any

15  of the facts that must be included in the petition under this

16  subsection are unknown and cannot be reasonably ascertained,

17  the petition must so state.

18         Section 17.  Section 63.089, Florida Statutes, is

19  created to read:

20         63.089  Proceeding to terminate parental rights pending

21  adoption; hearing; grounds; dismissal of petition; judgment.--

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

23  pending adoption only after a full evidentiary hearing.

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

25  hearing only when:

26         (a)  For each person whose consent to adoption is

27  required under s. 63.062:

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

29  filed with the court;

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

31  been executed and filed with the court; or

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

  2  63.088;

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

  4  under ss. 63.087 and 63.088:

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

  6  personal service and an affidavit of service has been filed

  7  with the court;

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

  9  of publication of constructive service and an affidavit of

10  service has been filed with the court; or

11         3.  An affidavit of nonpaternity which affirmatively

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

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

14         (d)  The petition contains all information required

15  under s. 63.087 and all affidavits of inquiry, diligent

16  search, and service required under s. 63.088 have been

17  obtained and filed with the court.

18         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

19  ADOPTION.--The court may enter a judgment terminating parental

20  rights pending adoption if the court determines by clear and

21  convincing evidence, supported by written findings of fact,

22  that each person whose consent to adoption is required under

23  s. 63.062:

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

25  withdrawn under s. 63.082 and the consent was obtained

26  according to the requirements of this chapter;

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

28  affidavit was obtained according to the requirements of this

29  chapter;

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

31  in accordance with the requirements of this chapter and has

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

  2  hearing resulting in the judgment terminating parental rights

  3  pending adoption;

  4         (d)  Has been properly served notice of the proceeding

  5  in accordance with the requirements of this chapter and has

  6  been determined under subsection (4) to have abandoned the

  7  minor as defined in s. 63.032;

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

  9  parent has been judicially declared incapacitated with

10  restoration of competency found to be medically improbable;

11         (f)  Is a person who has legal custody of the person to

12  be adopted, other than a parent, who has failed to respond in

13  writing to a request for consent for a period of 60 days or,

14  after examination of his or her written reasons for

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

16  his or her consent unreasonably;

17         (g)  Has been properly served notice of the proceeding

18  in accordance with the requirements of this chapter, but whom

19  the court finds, after examining written reasons for the

20  withholding of consent, to be unreasonably withholding his or

21  her consent; or

22         (h)  Is the spouse of the person to be adopted who has

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

24  the adoption is excused by reason of prolonged and unexplained

25  absence, unavailability, incapacity, or circumstances that are

26  found by the court to constitute unreasonable withholding of

27  consent.

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

29  resulting in a termination of parental rights must be based

30  upon clear and convincing evidence. A finding of abandonment

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

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  1  mother during her pregnancy, but may be based upon emotional

  2  abuse to a birth mother during her pregnancy.

  3         (a)  In making a determination of abandonment at a

  4  hearing for termination of parental rights pursuant to this

  5  chapter, the court must consider:

  6         1.  Whether the actions alleged to constitute

  7  abandonment demonstrate a willful disregard for the safety or

  8  welfare of the child or unborn child;

  9         2.  Whether other persons prevented the person alleged

10  to have abandoned the child from making the efforts referenced

11  in this subsection;

12         3.  Whether the person alleged to have abandoned the

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

14  after such person was informed he may be the father of the

15  child;

16         4.  Whether the person alleged to have abandoned the

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

18  when such payment was requested by the person having legal

19  custody of the child and those expenses were not covered by

20  insurance or other available sources;

21         5.  Whether the amount of support provided or medical

22  expenses paid was appropriate, taking into consideration the

23  needs of the child and relative means and resources available

24  to the person alleged to have abandoned the child and

25  available to the person having legal custody of the child

26  during the period the child allegedly was abandoned; and

27         6.  Whether the person having legal custody of the

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

29  to have abandoned the child, advised that person of the needs

30  of the child or the needs of the mother of an unborn child

31  with regard to the pregnancy, or informed that person of

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  1  events such as medical appointments and tests relating to the

  2  child 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:

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

  7  to be incarcerated will constitute a substantial portion of

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

  9  years;

10         2.  The incarcerated parent has been determined by the

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

12  775.084, a habitual violent felony offender as defined in s.

13  775.084, convicted of child abuse as defined in s. 827.03, or

14  a sexual predator as defined in s. 775.21; has been convicted

15  of first degree or second degree murder in violation of s.

16  782.04 or a sexual battery that constitutes a capital, life,

17  or first degree felony violation of s. 794.011; or has been

18  convicted of an offense in another jurisdiction which is

19  substantially similar to one of the offenses listed in this

20  paragraph.  As used in this section, the term "substantially

21  similar offense" means any offense that is substantially

22  similar in elements and penalties to one of those listed in

23  this paragraph, and that is in violation of a law of any other

24  jurisdiction, whether that of another state, the District of

25  Columbia, the United States or any possession or territory

26  thereof, or any 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 the father was informed he may be the father of the

  5  child or after diligent search and notice as provided in s.

  6  63.088 have been made to inform the father that he is, or may

  7  be, the father of the child.

  8         (5)  DISMISSAL OF PETITION WITH PREJUDICE.--If the

  9  court does not find by clear and convincing evidence that

10  parental rights of a parent should be terminated pending

11  adoption, the court must dismiss the petition with prejudice

12  and that parent's parental rights that were the subject of

13  such petition remain in full force under the law. The order

14  must include written findings in support of the dismissal,

15  including findings as to the criteria in subsection (4) if

16  rejecting a claim of abandonment. Parental rights may not be

17  terminated based upon a consent that the court finds has been

18  timely withdrawn under s. 63.082 or a consent to adoption or

19  affidavit of nonpaternity that the court finds was obtained by

20  fraud or under duress. The court must enter an order based

21  upon written findings providing for the placement of the

22  minor. The court may order scientific testing to determine the

23  paternity of the minor at any time during which the court has

24  jurisdiction over the minor. Further proceedings, if any,

25  regarding the minor must be brought in a separate custody

26  action under chapter 61, a dependency action under chapter 39,

27  or a paternity action under chapter 742.

28         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

29  ADOPTION.--

30

31

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  1         (a)  The judgment terminating parental rights pending

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

  3  the grounds for terminating parental rights pending adoption.

  4         (b)  Within 24 hours after filing, the clerk of the

  5  court shall mail a copy of the judgment to the department, the

  6  petitioner, those persons required to give consent under s.

  7  63.062, and the respondent. The clerk shall execute a

  8  certificate of each mailing.

  9         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

10  RIGHTS.--

11         (a)  A judgment terminating parental rights pending

12  adoption is voidable and any later judgment of adoption of

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

14  court finds that a person knowingly gave false information

15  that prevented the parent from timely making known his or her

16  desire to assume parental responsibilities toward the minor or

17  meeting the requirements under this chapter to exercise his or

18  her parental rights. A motion under this subsection must be

19  filed with the court originally entering the judgment. The

20  motion must be filed within a reasonable time, but not later

21  than 2 years after the entry of the judgment terminating

22  parental rights.

23         (b)  No later than 30 days after the filing of a motion

24  under this subsection, the court must conduct a preliminary

25  hearing to determine what contact, if any, shall be permitted

26  between a parent and the child pending resolution of the

27  motion. Such contact shall be considered only if it is

28  requested by a parent who has appeared at the hearing. If the

29  court orders contact between a parent and child, the order

30  must be issued in writing as expeditiously as possible and

31

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  1  must state with specificity any provisions regarding contact

  2  with persons other than those with whom the child resides.

  3         (c)  At the preliminary hearing, the court, upon the

  4  motion of any party or upon its own motion, may order

  5  scientific testing to determine the paternity of the minor if

  6  the person seeking to set aside the judgment is alleging to be

  7  the child's father and that fact has not previously been

  8  determined by legitimacy or scientific testing. The court may

  9  order supervised visitation with a person for whom scientific

10  testing for paternity has been ordered. Such visitation shall

11  be conditioned upon the filing of those test results with the

12  court and such results establishing that person's paternity of

13  the minor.

14         (d)  No later than 45 days after the preliminary

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

16  to set aside the judgment and enter its written order as

17  expeditiously as possible thereafter.

18         (8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and

19  records pertaining to a petition to terminate parental rights

20  pending adoption are related to the subsequent adoption of the

21  minor and are subject to the provisions of s. 63.162. The

22  confidentiality provisions of this chapter do not apply to the

23  extent information regarding persons or proceedings must be

24  made available as specified under s. 63.088.

25         Section 18.  Section 63.092, Florida Statutes, 1998

26  Supplement, is amended to read:

27         63.092  Report to the court of intended placement by an

28  adoption entity; at-risk placement intermediary; preliminary

29  study.--

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

31  intermediary must report any intended placement of a minor for

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  1  adoption with any person not related within the third degree

  2  or a stepparent if the adoption entity intermediary has

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

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

  5  the home.

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

  7  prospective adoptive home before the parental rights of the

  8  minor's parents are terminated under s. 63.089, the placement

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

10  placement, the prospective adoptive parents must acknowledge

11  in writing before the minor may be placed in the prospective

12  adoptive home that the placement is at risk and that the minor

13  is subject to removal from the prospective adoptive home by

14  the adoption entity or by court order.

15         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

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

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

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

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

23  the minor child be placed in the prospective adoptive home

24  prior to the completion of the preliminary study unless

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

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

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

28  The department is required to perform the preliminary home

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

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

31  the county where the prospective adoptive parents reside.  The

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  1  preliminary home study must be made to determine the

  2  suitability of the intended adoptive parents and may be

  3  completed prior to identification of a prospective adoptive

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

  5  1 year after the date of its completion.  A minor may child

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

  7  favorable preliminary home study is completed unless the

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

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

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

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

12  registry and criminal records correspondence checks pursuant

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

14  intended adoptive parents;

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

16  home;

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

18  intended adoptive parents;

19         (e)  Documentation of counseling and education of the

20  intended adoptive parents on adoptive parenting;

21         (f)  Documentation that information on adoption and the

22  adoption process has been provided to the intended adoptive

23  parents;

24         (g)  Documentation that information on support services

25  available in the community has been provided to the intended

26  adoptive parents; and

27         (h)  A copy of each the signed acknowledgment statement

28  required by s. 63.085; and

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

30  s. 63.085(1).

31

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

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

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

  4  study is unfavorable.  If the preliminary home study is

  5  unfavorable, the adoption entity intermediary or petitioner

  6  may, within 20 days after receipt of a copy of the written

  7  recommendation, petition the court to determine the

  8  suitability of the intended adoptive home.  A determination as

  9  to suitability under this subsection does not act as a

10  presumption of suitability at the final hearing.  In

11  determining the suitability of the intended adoptive home, the

12  court must consider the totality of the circumstances in the

13  home.

14         Section 19.  Section 63.097, Florida Statutes, is

15  amended to read:

16         63.097  Fees.--

17         (1)  When the adoption entity is an agency, fees may be

18  assessed if they are approved by the department within the

19  process of licensing the agency and if they are for:

20         (a)  Foster care expenses;

21         (b)  Preplacement and post-placement social services;

22  and

23         (c)  Agency facility and administrative costs.

24         (2)  The following fees, costs, and expenses may be

25  assessed by the adoption entity or paid by the adoption entity

26  on behalf of the prospective adoptive parents:

27         (a)  Reasonable living expenses of the birth mother

28  which the birth mother is unable to pay due to unemployment,

29  underemployment, or disability due to the pregnancy which is

30  certified by a medical professional who has examined the birth

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

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  1  Reasonable living expenses are rent, utilities, basic

  2  telephone service, food, necessary clothing, transportation,

  3  and expenses found by the court to be necessary for the health

  4  of the unborn child.

  5         (b)  Reasonable and necessary medical expenses.

  6         (c)  Expenses necessary to comply with the requirements

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

  8  process under s. 63.088, a diligent search under s. 63.088, a

  9  preliminary home study under s. 63.092, and a final home

10  investigation under s. 63.125.

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

12  litigation expenses.

13         (e)  Costs associated with advertising under s.

14  63.212(1)(g).

15         (f)  The following professional fees:

16         1.  A reasonable hourly fee necessary to provide legal

17  representation to the adoptive parents or adoption entity in a

18  proceeding filed under this chapter.

19         2.  A reasonable hourly fee for contact with the parent

20  related to the adoption. In determining a reasonable hourly

21  fee under this subparagraph, the court must consider if the

22  tasks done were clerical or of such a nature that the matter

23  could have been handled by support staff at a lesser rate than

24  the rate for legal representation charged under subparagraph

25  1. Such tasks specifically do not include obtaining a parent's

26  signature on any document; such tasks include, but need not be

27  limited to, transportation, transmitting funds, arranging

28  appointments, and securing accommodations.

29         3.  A reasonable hourly fee for counseling services

30  provided to a parent or a prospective adoptive parent by a

31  psychologist licensed under chapter 490 or a clinical social

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  1  worker, marriage and family therapist, or mental health

  2  counselor licensed under chapter 491, or a counselor

  3  accredited by the Council on Accreditation of Services for

  4  Children and Families to provide pregnancy counseling and

  5  supportive services and who is employed by an adoption entity.

  6         (3)  Prior approval of the court is not required until

  7  the cumulative total of amounts permitted under subsection (2)

  8  exceeds:

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

10         (b)  $500 in court costs;

11         (c)  $3,000 in expenses; or

12         (d)  $1,500 cumulative expenses that are related to the

13  minor, the pregnancy, a parent, or adoption proceeding, which

14  expenses are incurred prior to the date the prospective

15  adoptive parent retains the adoption entity.

16         (4)  Any fees, costs, or expenses not included in

17  subsection (2) or prohibited under subsection (5) require

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

19  of extraordinary circumstances.

20         (5)  The following fees, costs, and expenses are

21  prohibited:

22         (a)  Any fee or expense that constitutes payment for

23  locating a minor for adoption.

24         (b)  Any lump-sum payment to the entity which is

25  nonrefundable directly to the payor or which is not itemized

26  on the affidavit filed under s. 63.132.

27         (c)  Any fee on the affidavit which does not specify

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

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

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

31  service was provided, the time required to provide the

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

  2  hourly fee charged.

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

  4  $1,000 and those costs as set out in s. 63.212(1)(d) over

  5  $2,500, paid to an intermediary other than actual, documented

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

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

  8  intermediary and upon a showing of justification for the

  9  larger fee.

10         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

11  otherwise indicated in this section, when an adoption entity

12  intermediary uses the services of a licensed child-placing

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

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

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

16  agency, professional, other person or agency, or the

17  department an amount equal to the cost of all services

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

19  conducting the preliminary home study, counseling, and the

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

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

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

23         Section 20.  Section 63.102, Florida Statutes, is

24  amended to read:

25         63.102  Filing of petition for adoption or declaratory

26  statement; venue; proceeding for approval of fees and costs.--

27         (1)  A petition for adoption may not be filed until 30

28  days after the date of the entry of the judgment terminating

29  parental rights pending adoption under this chapter, unless

30  the adoptee is an adult or the minor has been the subject of a

31  judgment terminating parental rights under chapter 39. After a

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  1  judgment terminating parental rights has been entered, a

  2  proceeding for adoption may shall be commenced by filing a

  3  petition entitled, "In the Matter of the Adoption of ...." in

  4  the circuit court.  The person to be adopted shall be

  5  designated in the caption in the name by which he or she is to

  6  be known if the petition is granted.  If the child is placed

  7  for adoption by an agency, Any name by which the minor child

  8  was previously known may shall not be disclosed in the

  9  petition, the notice of hearing, or the judgment of adoption.

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

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

12  county where the petition for termination of parental rights

13  was granted, unless the court in accordance with s. 47.122,

14  changes the venue to the county where the petitioner or

15  petitioners or the minor child resides or where the agency or

16  adoption entity with in which the minor child has been placed

17  is located. The circuit court in this state must retain

18  jurisdiction over the matter until a final judgment is entered

19  on the adoption. The Uniform Child Custody Jurisdiction Act

20  does not apply until a final judgment is entered on the

21  adoption.

22         (3)  Except for adoptions involving placement of a

23  minor child with a relative within the third degree of

24  consanguinity, a petition for adoption in an adoption handled

25  by an adoption entity intermediary shall be filed within 60 30

26  working days after entry of the judgment terminating parental

27  rights placement of a child with a parent seeking to adopt the

28  child.  If no petition is filed within 60 30 days, any

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

30  challenging the prospective adoptive parent's physical custody

31  of the minor child.

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

  2  a declaratory statement as to the adoption contract in the

  3  county where the petitioner or minor child resides would tend

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

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

  6  provided the substantive rights of any person will not thereby

  7  be affected.

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

  9  may be commenced any time after an agreement is reached

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

11  petition for declaratory statement on the agreement entitled

12  "In the Matter of the Proposed Adoption of a Minor Child" in

13  the circuit court.

14         (a)  The petition must be filed jointly by the adoption

15  entity and each person who enters into the agreement.

16         (b)  A contract for the payment of fees, costs, and

17  expenses permitted under this chapter must be in writing, and

18  any person who enters into the contract has 3 business days in

19  which to cancel the contract. To cancel the contract, the

20  person must notify the adoption entity in writing by certified

21  United States mail, return receipt requested, no later than 3

22  business days after signing the contract. For the purposes of

23  this subsection, the term "business day" means a day on which

24  the United States Postal Service accepts certified mail for

25  delivery. If the contract is canceled within the first 3

26  business days, the person who cancels the contract does not

27  owe any legal, intermediary, or other fees, but may be

28  responsible for the adoption entity's actual costs during that

29  time.

30         (c)  The court may grant prior approval only of fees

31  and expenses permitted under s. 63.097. A prior approval of

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  1  prospective fees and costs does not create a presumption that

  2  these items will subsequently be approved by the court under

  3  s. 63.132. The court, under s. 63.132, may order an adoption

  4  entity to refund any amount paid under this subsection that is

  5  subsequently found by the court to be greater than fees,

  6  costs, and expenses actually incurred.

  7         (d)  The contract may not require, and the court may

  8  not approve, any lump-sum payment to the entity which is

  9  nonrefundable to the payor or any amount that constitutes

10  payment for locating a minor for adoption.

11         (e)  A petition for adoption filed under this section

12  may be consolidated with a previously filed petition for a

13  declaratory statement. Only one filing fee may be assessed for

14  both the adoption and declaratory-statement petitions.

15         (f)  Prior approval of fees and costs by the court does

16  not obligate the parent to ultimately relinquish the minor for

17  adoption. If a petition for adoption is subsequently filed,

18  the petition for declaratory statement and the petition for

19  adoption must be consolidated into one case.

20         Section 21.  Section 63.112, Florida Statutes, is

21  amended to read:

22         63.112  Petition for adoption; description; report or

23  recommendation, exceptions; mailing.--

24         (1)  A sufficient number of copies of the petition for

25  adoption shall be signed and verified by the petitioner and

26  filed with the clerk of the court so that service may be made

27  under subsection (4) and shall state:

28         (a)  The date and place of birth of the person to be

29  adopted, if known;

30         (b)  The name to be given to the person to be adopted;

31

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  1         (c)  The date petitioner acquired custody of the minor

  2  and the name of the person placing the minor;

  3         (d)  The full name, age, and place and duration of

  4  residence of the petitioner;

  5         (e)  The marital status of the petitioner, including

  6  the date and place of marriage, if married, and divorces, if

  7  any;

  8         (f)  The facilities and resources of the petitioner,

  9  including those under a subsidy agreement, available to

10  provide for the care of the minor to be adopted;

11         (g)  A description and estimate of the value of any

12  property of the person to be adopted;

13         (h)  The case style and date of entry of the judgment

14  terminating parental rights or the judgment declaring a minor

15  available for adoption name and address, if known, of any

16  person whose consent to the adoption is required, but who has

17  not consented, and facts or circumstances that excuse the lack

18  of consent; and

19         (i)  The reasons why the petitioner desires to adopt

20  the person.

21         (2)  The following documents are required to be filed

22  with the clerk of the court at the time the petition is filed:

23         (a)  A certified copy of the court judgment terminating

24  parental rights under chapter 39 or the judgment declaring a

25  minor available for adoption under this chapter. The required

26  consents, unless consent is excused by the court.

27         (b)  The favorable preliminary home study of the

28  department, licensed child-placing agency, or professional

29  pursuant to s. 63.092, as to the suitability of the home in

30  which the minor has been placed.

31

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  1         (c)  The surrender document must include documentation

  2  that an interview was interviews were held with:

  3         1.  The birth mother, if parental rights have not been

  4  terminated;

  5         2.  The birth father, if his consent to the adoption is

  6  required and parental rights have not been terminated; and

  7         3.  the minor child, if older than 12 years of age,

  8  unless the court, in the best interest of the minor child,

  9  dispenses with the minor's child's consent under s.

10  63.062(1)(f) 63.062(1)(c).

11

12  The court may waive the requirement for an interview with the

13  birth mother or birth father in the investigation for good

14  cause shown.

15         (3)  Unless ordered by the court, no report or

16  recommendation is required when the placement is a stepparent

17  adoption or when the minor child is related to one of the

18  adoptive parents within the third degree.

19         (4)  The clerk of the court shall mail a copy of the

20  petition within 24 hours after filing, and execute a

21  certificate of mailing, to the adoption entity department and

22  the agency placing the minor, if any.

23         Section 22.  Section 63.122, Florida Statutes, is

24  amended to read:

25         63.122  Notice of hearing on petition.--

26         (1)  After the petition to adopt a minor is filed, the

27  court must establish a time and place for hearing the

28  petition. The hearing may must not be held sooner than 30 days

29  after the date the judgment terminating parental rights was

30  entered or sooner than 90 days after the date the minor was

31  placed the placing of the minor in the physical custody of the

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  1  petitioner.  The minor must remain under the supervision of

  2  the adoption entity department, an intermediary, or a licensed

  3  child-placing agency until the adoption becomes final.  When

  4  the petitioner is a spouse of the birth parent, the hearing

  5  may be held immediately after the filing of the petition.

  6         (2)  Notice of hearing must be given as prescribed by

  7  the rules of civil procedure, and service of process must be

  8  made as specified by law for civil actions.

  9         (3)  Upon a showing by the petitioner that the privacy

10  of the petitioner or minor child may be endangered, the court

11  may order the names of the petitioner or minor child, or both,

12  to be deleted from the notice of hearing and from the copy of

13  the petition attached thereto, provided the substantive rights

14  of any person will not thereby be affected.

15         (4)  Notice of the hearing must be given by the

16  petitioner to the adoption entity that places the minor.:

17         (a)  The department or any licensed child-placing

18  agency placing the minor.

19         (b)  The intermediary.

20         (c)  Any person whose consent to the adoption is

21  required by this act who has not consented, unless such

22  person's consent is excused by the court.

23         (d)  Any person who is seeking to withdraw consent.

24         (5)  After filing the petition to adopt an adult, a

25  notice of the time and place of the hearing must be given to

26  any person whose consent to the adoption is required but who

27  has not consented.  The court may order an appropriate

28  investigation to assist in determining whether the adoption is

29  in the best interest of the persons involved.

30         Section 23.  Section 63.125, Florida Statutes, is

31  amended to read:

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  1         63.125  Final home investigation.--

  2         (1)  The final home investigation must be conducted

  3  before the adoption becomes final.  The investigation may be

  4  conducted by a licensed child-placing agency or a professional

  5  in the same manner as provided in s. 63.092 to ascertain

  6  whether the adoptive home is a suitable home for the minor and

  7  whether the proposed adoption is in the best interest of the

  8  minor.  Unless directed by the court, an investigation and

  9  recommendation are not required if the petitioner is a

10  stepparent or if the minor child is related to one of the

11  adoptive parents within the third degree of consanguinity.

12  The department is required to perform the home investigation

13  only if there is no licensed child-placing agency or

14  professional pursuant to s. 63.092 in the county in which the

15  prospective adoptive parent resides.

16         (2)  The department, the licensed child-placing agency,

17  or the professional that performs the investigation must file

18  a written report of the investigation with the court and the

19  petitioner within 90 days after the date the petition is

20  filed.

21         (3)  The report of the investigation must contain an

22  evaluation of the placement with a recommendation on the

23  granting of the petition for adoption and any other

24  information the court requires regarding the petitioner or the

25  minor.

26         (4)  The department, the licensed child-placing agency,

27  or the professional making the required investigation may

28  request other state agencies or child-placing agencies within

29  or outside this state to make investigations of designated

30  parts of the inquiry and to make a written report to the

31  department, the professional, or other person or agency.

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  1         (5)  The final home investigation must include:

  2         (a)  The information from the preliminary home study.

  3         (b)  After the minor child is placed in the intended

  4  adoptive home, two scheduled visits with the minor child and

  5  the minor's child's adoptive parent or parents, one of which

  6  visits must be in the home, to determine the suitability of

  7  the placement.

  8         (c)  The family social and medical history as provided

  9  in s. 63.082.

10         (d)  Any other information relevant to the suitability

11  of the intended adoptive home.

12         (e)  Any other relevant information, as provided in

13  rules that the department may adopt.

14         Section 24.  Section 63.132, Florida Statutes, is

15  amended to read:

16         63.132  Affidavit Report of expenses expenditures and

17  receipts.--

18         (1)  At least 10 days before the hearing on the

19  petition for adoption, the prospective adoptive parent

20  petitioner and any adoption entity intermediary must file two

21  copies of an affidavit under this section.

22         (a)  The affidavit must be signed by the adoption

23  entity and the prospective adoptive parents. A copy of the

24  affidavit must be provided to the adoptive parents at the time

25  the affidavit is executed.

26         (b)  The affidavit must itemize containing a full

27  accounting of all disbursements and receipts of anything of

28  value, including professional and legal fees, made or agreed

29  to be made by or on behalf of the prospective adoptive parent

30  petitioner and any adoption entity intermediary in connection

31  with the adoption. or in connection with any prior proceeding

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  1  to terminate parental rights which involved the minor who is

  2  the subject of the petition for adoption. The affidavit must

  3  also include, for each fee itemized, the service provided for

  4  which the fee is being charged, the date the service was

  5  provided, the time required to provide the service, the person

  6  or entity that provided the service, and the hourly fee

  7  charged.

  8         (c)  The clerk of the court shall forward a copy of the

  9  affidavit to the department.

10         (d)  The affidavit report must show any expenses or

11  receipts incurred in connection with:

12         1.(a)  The birth of the minor.

13         2.(b)  The placement of the minor with the petitioner.

14         3.(c)  The medical or hospital care received by the

15  mother or by the minor during the mother's prenatal care and

16  confinement.

17         4.(d)  The living expenses of the birth mother.  The

18  living expenses must be documented in detail to apprise the

19  court of the exact expenses incurred.

20         5.(e)  The services relating to the adoption or to the

21  placement of the minor for adoption that were received by or

22  on behalf of the petitioner, the adoption entity intermediary,

23  either natural parent, the minor, or any other person.

24

25  The affidavit must state whether any of these expenses were

26  paid for by collateral sources, including, but not limited to,

27  health insurance, Medicaid, Medicare, or public assistance.

28         (2)  The court may require such additional information

29  as is deemed necessary.

30         (3)  The court must issue a separate order approving or

31  disapproving the fees, costs, and expenses itemized in the

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  1  affidavit. The court may approve only fees, costs, and

  2  expenditures allowed under s. 63.097. The court may reject in

  3  whole or in part any fee, cost, or expenditure listed if the

  4  court finds that the expense is:

  5         (a)  Contrary to this chapter;

  6         (b)  Not supported by a receipt in the record, if the

  7  expense is not a fee of the adoption entity; or

  8         (c)  Not a reasonable fee or expense, considering the

  9  requirements of this chapter and the totality of the

10  circumstances.

11         (4)(3)  This section does not apply to an adoption by a

12  stepparent whose spouse is a natural or adoptive parent of the

13  minor child.

14         Section 25.  Section 63.142, Florida Statutes, is

15  amended to read:

16         63.142  Hearing; judgment of adoption.--

17         (1)  APPEARANCE.--The petitioner and the person to be

18  adopted shall appear at the hearing on the petition for

19  adoption, unless:

20         (a)  The person is a minor under 12 years of age;, or

21         (b)  The presence of either is excused by the court for

22  good cause.

23         (2)  CONTINUANCE.--The court may continue the hearing

24  from time to time to permit further observation,

25  investigation, or consideration of any facts or circumstances

26  affecting the granting of the petition.

27         (3)  DISMISSAL.--

28         (a)  If the petition is dismissed, the court shall

29  determine the person that is to have custody of the minor.

30         (b)  If the petition is dismissed, the court shall

31  state with specificity the reasons for the dismissal.

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  1         (4)  JUDGMENT.--At the conclusion of the hearing, after

  2  when the court determines that the date for a parent to file

  3  an appeal of a valid judgment terminating that parent's

  4  parental rights has passed and no appeal, pursuant to the

  5  Florida Rules of Appellate Procedure, is pending all necessary

  6  consents have been obtained and that the adoption is in the

  7  best interest of the person to be adopted, a judgment of

  8  adoption shall be entered.

  9         (a)  A judgment terminating parental rights pending

10  adoption is voidable and any later judgment of adoption of

11  that minor is voidable if, upon a motion to set aside of a

12  parent, the court finds that any person knowingly gave false

13  information that prevented the parent from timely making known

14  his or her desire to assume parental responsibilities toward

15  the minor or meeting the requirements under this chapter to

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

17  paragraph must be filed with the court that entered the

18  original judgment. The motion must be filed within a

19  reasonable time, but not later than 2 years after the date the

20  judgment terminating parental rights was entered.

21         (b)  No later than 30 days after the filing of a motion

22  under this subsection, the court must conduct a preliminary

23  hearing to determine what contact, if any, shall be permitted

24  between a  parent and the child pending resolution of the

25  motion. Such contact shall be considered only if it is

26  requested by a parent who has appeared at the hearing. If the

27  court orders contact between a parent and child, the order

28  must be issued in writing as expeditiously as possible and

29  must state with specificity any provisions regarding contact

30  with persons other than those with whom the child resides.

31

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  1         (c)  At the preliminary hearing, the court, upon the

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

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

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

  5  child's father and that fact has not previously been

  6  determined by legitimacy or scientific testing. The court may

  7  order supervised visitation with a person for whom scientific

  8  testing for paternity has been ordered. Such visitation shall

  9  be conditioned upon the filing of those test results with the

10  court and such results establishing that person's paternity of

11  the minor.

12         (d)  No later than 45 days after the preliminary

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

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

15  expeditiously as possible thereafter.

16         Section 26.  Subsection (2) of section 63.162, Florida

17  Statutes, is amended to read:

18         63.162  Hearings and records in adoption proceedings;

19  confidential nature.--

20         (2)  All papers and records pertaining to the adoption,

21  including the original birth certificate, whether part of the

22  permanent record of the court or a file in the office of an

23  adoption entity department, in a licensed child-placing

24  agency, or in the office of an intermediary are confidential

25  and subject to inspection only upon order of the court;

26  however, the petitioner in any proceeding for adoption under

27  this chapter may, at the option of the petitioner, make public

28  the reasons for a denial of the petition for adoption.  The

29  order must specify which portion of the records are subject to

30  inspection, and it may exclude the name and identifying

31  information concerning the birth parent or adoptee. Papers and

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  1  records of the department, a court, or any other governmental

  2  agency, which papers and records relate to adoptions, are

  3  exempt from s. 119.07(1).  In the case of a nonagency

  4  adoption, the department must be given notice of hearing and

  5  be permitted to present to the court a report on the

  6  advisability of disclosing or not disclosing information

  7  pertaining to the adoption.  In the case of an agency

  8  adoption, the licensed child-placing agency must be given

  9  notice of hearing and be permitted to present to the court a

10  report on the advisability of disclosing or not disclosing

11  information pertaining to the adoption.  This subsection does

12  not prohibit the department from inspecting and copying any

13  official record pertaining to the adoption that is maintained

14  by the department and does not prohibit an agency from

15  inspecting and copying any official record pertaining to the

16  adoption that is maintained by that agency.

17         Section 27.  Section 63.165, Florida Statutes, is

18  amended to read:

19         63.165  State registry of adoption information; duty to

20  inform and explain.--Notwithstanding any other law to the

21  contrary, the department shall maintain a registry with the

22  last known names and addresses of an adoptee and his or her

23  natural parents whose consent was required under s. 63.062,

24  and adoptive parents and any other identifying information

25  that which the adoptee, natural parents whose consent was

26  required under s. 63.062, or adoptive parents desire to

27  include in the registry. The department shall maintain the

28  registry records for the time required by rules adopted by the

29  department in accordance with this chapter or for 99 years,

30  whichever period is greater. The registry shall be open with

31  respect to all adoptions in the state, regardless of when they

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  1  took place. The registry shall be available for those persons

  2  choosing to enter information therein, but no one shall be

  3  required to do so.

  4         (1)  Anyone seeking to enter, change, or use

  5  information in the registry, or any agent of such person,

  6  shall present verification of his or her identity and, if

  7  applicable, his or her authority.  A person who enters

  8  information in the registry shall be required to indicate

  9  clearly the persons to whom he or she is consenting to release

10  this information, which persons shall be limited to the

11  adoptee and the birth natural mother, natural father whose

12  consent was required under s. 63.062, adoptive mother,

13  adoptive father, birth natural siblings, and maternal and

14  paternal birth natural grandparents of the adoptee.  Except as

15  provided in this section, information in the registry is

16  confidential and exempt from the provisions of s. 119.07(1).

17  Consent to the release of this information may be made in the

18  case of a minor adoptee by his or her adoptive parents or by

19  the court after a showing of good cause.  At any time, any

20  person may withdraw, limit, or otherwise restrict consent to

21  release information by notifying the department in writing.

22         (2)  The department may charge a reasonable fee to any

23  person seeking to enter, change, or use information in the

24  registry.  The department shall deposit such fees in a trust

25  fund to be used by the department only for the efficient

26  administration of this section. The department and agencies

27  shall make counseling available for a fee to all persons

28  seeking to use the registry, and the department shall inform

29  all affected persons of the availability of such counseling.

30         (3)  The adoption entity department, intermediary, or

31  licensed child-placing agency must inform the birth parents

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  1  before parental rights are terminated, and the adoptive

  2  parents before placement, in writing, of the existence and

  3  purpose of the registry established under this section, but

  4  failure to do so does not affect the validity of any

  5  proceeding under this chapter.

  6         Section 28.  Section 63.182, Florida Statutes, is

  7  amended to read:

  8         (Substantial rewording of section. See

  9         s. 63.182, F.S., for present text.)

10         63.182  Statute of repose.--

11         (1)  An action or proceeding of any kind to vacate, set

12  aside, or otherwise nullify a judgment of adoption or an

13  underlying judgment terminating parental rights on any ground,

14  including duress but excluding fraud, shall in no event be

15  filed more than 1 year after entry of the judgment terminating

16  parental rights.

17         (2)  An action or proceeding of any kind to vacate, set

18  aside, or otherwise nullify a judgment of adoption or an

19  underlying judgment terminating parental rights on grounds of

20  fraud shall in no event be filed more than 2 years after entry

21  of the judgment terminating parental rights.

22         Section 29.  Subsection (2) of section 63.202, Florida

23  Statutes, is amended to read:

24         63.202  Authority to license; adoption of rules.--

25         (2)  No agency shall place a minor for adoption unless

26  such agency is licensed by the department, except a

27  child-caring agency registered under s. 409.176.

28         Section 30.  Section 63.207, Florida Statutes, is

29  amended to read:

30         63.207  Out-of-state placement.--

31

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  1         (1)  Unless the parent placing a minor for adoption

  2  files an affidavit that the parent chooses to place the minor

  3  outside the state, giving the reason for that placement, or

  4  the minor child is to be placed with a relative within the

  5  third degree or with a stepparent, or the minor is a special

  6  needs child, as defined in s. 409.166, or for other good cause

  7  shown, an adoption entity may not no person except an

  8  intermediary, an agency, or the department shall:

  9         (a)  Take or send a minor child out of the state for

10  the purpose of placement for adoption; or

11         (b)  Place or attempt to place a minor child for the

12  purpose of adoption with a family who primarily lives and

13  works outside Florida in another state.  An intermediary may

14  place or attempt to place a child for adoption in another

15  state only if the child is a special needs child as that term

16  is defined in s. 409.166.  If an adoption entity intermediary

17  is acting under this subsection, the adoption entity must

18  intermediary shall file a petition for declaratory statement

19  pursuant to s. 63.102 for prior approval of fees and costs.

20  The court shall review the costs pursuant to s. 63.097.  The

21  petition for declaratory statement must be converted to a

22  petition for an adoption upon placement of the minor child in

23  the home.  The circuit court in this state must retain

24  jurisdiction over the matter until the adoption becomes final.

25  The prospective adoptive parents must come to this state to

26  have the adoption finalized.  Violation of the order subjects

27  the adoption entity intermediary to contempt of court and to

28  the penalties provided in s. 63.212.

29         (2)  An adoption entity intermediary may not counsel a

30  birth mother to leave the state for the purpose of giving

31  birth to a child outside the state in order to secure a fee in

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  1  excess of that permitted under s. 63.097 when it is the

  2  intention that the child is to be placed for adoption outside

  3  the state.

  4         (3)  When applicable, the Interstate Compact on the

  5  Placement of Children authorized in s. 409.401 shall be used

  6  in placing children outside the state for adoption.

  7         Section 31.  Section 63.212, Florida Statutes, is

  8  amended to read:

  9         63.212  Prohibited acts; penalties for violation;

10  preplanned adoption agreement.--

11         (1)  It is unlawful for any person:

12         (a)  Except the department, an intermediary, or an

13  agency, To place or attempt to place a minor child for

14  adoption with a person who primarily lives and works outside

15  this state unless the minor child is placed with a relative

16  within the third degree or with a stepparent.  An intermediary

17  may place or attempt to place a special needs child for

18  adoption with a person who primarily lives and works outside

19  this state only if the intermediary has a declaratory

20  statement from the court establishing the fees to be paid.

21  This requirement does not apply if the minor child is placed

22  by an adoption entity in accordance with s. 63.207 with a

23  relative within the third degree or with a stepparent.

24         (b)  Except the department, an intermediary, or an

25  agency, to place or attempt to place a child for adoption with

26  a family whose primary residence and place of employment is in

27  another state unless the child is placed with a relative

28  within the third degree or with a stepparent.  An intermediary

29  may place or attempt to place a special needs child for

30  adoption with a family whose primary residence and place of

31  employment is in another state only if the intermediary has a

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  1  declaratory statement from the court establishing the fees to

  2  be paid.  This requirement does not apply if the child is

  3  placed with a relative within the third degree or with a

  4  stepparent.

  5         (b)(c)  Except an adoption entity the Department of

  6  Children and Family Services, an agency, or an intermediary,

  7  to place or attempt to place within the state a minor child

  8  for adoption unless the minor child is placed with a relative

  9  within the third degree or with a stepparent.  This

10  prohibition, however, does not apply to a person who is

11  placing or attempting to place a minor child for the purpose

12  of adoption with the adoption entity Department of Children

13  and Family Services or an agency or through an intermediary.

14         (c)(d)  To sell or surrender, or to arrange for the

15  sale or surrender of, a minor child to another person for

16  money or anything of value or to receive such minor child for

17  such payment or thing of value.  If a minor child is being

18  adopted by a relative within the third degree or by a

19  stepparent, or is being adopted through an adoption entity,

20  this paragraph does not prohibit the Department of Children

21  and Family Services, an agency, or an intermediary, nothing

22  herein shall be construed as prohibiting the person who is

23  contemplating adopting the child from paying, under ss. 63.097

24  and 63.132, the actual prenatal care and living expenses of

25  the mother of the child to be adopted, or nor from paying,

26  under ss. 63.097 and 63.132, the actual living and medical

27  expenses of such mother for a reasonable time, not to exceed 6

28  weeks, if medical needs require such support, after the birth

29  of the minor child.

30         (d)(e)  Having the rights and duties of a parent with

31  respect to the care and custody of a minor to assign or

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  1  transfer such parental rights for the purpose of, incidental

  2  to, or otherwise connected with, selling or offering to sell

  3  such rights and duties.

  4         (e)(f)  To assist in the commission of any act

  5  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

  6  paragraph (c), paragraph (d), or paragraph (e).

  7         (f)(g)  Except an adoption entity the Department of

  8  Children and Family Services or an agency, to charge or accept

  9  any fee or compensation of any nature from anyone for making a

10  referral in connection with an adoption.

11         (g)(h)  Except an adoption entity the Department of

12  Children and Family Services, an agency, or an intermediary,

13  to advertise or offer to the public, in any way, by any medium

14  whatever that a minor child is available for adoption or that

15  a minor child is sought for adoption; and, further, it is

16  unlawful for any person to publish or broadcast any such

17  advertisement without including a Florida license number of

18  the agency or, attorney, or physician placing the

19  advertisement.

20         (h)(i)  To contract for the purchase, sale, or transfer

21  of custody or parental rights in connection with any child, or

22  in connection with any fetus yet unborn, or in connection with

23  any fetus identified in any way but not yet conceived, in

24  return for any valuable consideration.  Any such contract is

25  void and unenforceable as against the public policy of this

26  state.  However, fees, costs, and other incidental payments

27  made in accordance with statutory provisions for adoption,

28  foster care, and child welfare are permitted, and a person may

29  agree to pay expenses in connection with a preplanned adoption

30  agreement as specified below, but the payment of such expenses

31  may not be conditioned upon the transfer of parental rights.

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  1  Each petition for adoption which is filed in connection with a

  2  preplanned adoption agreement must clearly identify the

  3  adoption as a preplanned adoption arrangement and must include

  4  a copy of the preplanned adoption agreement for review by the

  5  court.

  6         1.  Individuals may enter into a preplanned adoption

  7  arrangement as specified herein, but such arrangement shall

  8  not in any way:

  9         a.  Effect final transfer of custody of a child or

10  final adoption of a child, without review and approval of the

11  department and the court, and without compliance with other

12  applicable provisions of law.

13         b.  Constitute consent of a mother to place her child

14  for adoption until 7 days following birth, and unless the

15  court making the custody determination or approving the

16  adoption determines that the mother was aware of her right to

17  rescind within the 7-day period following birth but chose not

18  to rescind such consent.

19         2.  A preplanned adoption arrangement shall be based

20  upon a preplanned adoption agreement that must which shall

21  include, but need not be limited to, the following terms:

22         a.  That the volunteer mother agrees to become pregnant

23  by the fertility technique specified in the agreement, to bear

24  the child, and to terminate any parental rights and

25  responsibilities to the child she might have through a written

26  consent executed at the same time as the preplanned adoption

27  agreement, subject to a right of rescission by the volunteer

28  mother any time within 7 days after the birth of the child.

29         b.  That the volunteer mother agrees to submit to

30  reasonable medical evaluation and treatment and to adhere to

31  reasonable medical instructions about her prenatal health.

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  1         c.  That the volunteer mother acknowledges that she is

  2  aware that she will assume parental rights and

  3  responsibilities for the child born to her as otherwise

  4  provided by law for a mother, if the intended father and

  5  intended mother terminate the agreement before final transfer

  6  of custody is completed, or if a court determines that a

  7  parent clearly specified by the preplanned adoption agreement

  8  to be the biological parent is not the biological parent, or

  9  if the preplanned adoption is not approved by the court

10  pursuant to the Florida Adoption Act.

11         d.  That an intended father who is also the biological

12  father acknowledges that he is aware that he will assume

13  parental rights and responsibilities for the child as

14  otherwise provided by law for a father, if the agreement is

15  terminated for any reason by any party before final transfer

16  of custody is completed or if the planned adoption is not

17  approved by the court pursuant to the Florida Adoption Act.

18         e.  That the intended father and intended mother

19  acknowledge that they may not receive custody or the parental

20  rights under the agreement if the volunteer mother terminates

21  the agreement or if the volunteer mother rescinds her consent

22  to place her child for adoption within 7 days after birth.

23         f.  That the intended father and intended mother may

24  agree to pay all reasonable legal, medical, psychological, or

25  psychiatric expenses of the volunteer mother related to the

26  preplanned adoption arrangement, and may agree to pay the

27  reasonable living expenses of the volunteer mother.  No other

28  compensation, whether in cash or in kind, shall be made

29  pursuant to a preplanned adoption arrangement.

30         g.  That the intended father and intended mother agree

31  to accept custody of and to assert full parental rights and

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  1  responsibilities for the child immediately upon the child's

  2  birth, regardless of any impairment to the child.

  3         h.  That the intended father and intended mother shall

  4  have the right to specify the blood and tissue typing tests to

  5  be performed if the agreement specifies that at least one of

  6  them is intended to be the biological parent of the child.

  7         i.  That the agreement may be terminated at any time by

  8  any of the parties.

  9         3.  A preplanned adoption agreement shall not contain

10  any provision:

11         a.  To reduce any amount paid to the volunteer mother

12  if the child is stillborn or is born alive but impaired, or to

13  provide for the payment of a supplement or bonus for any

14  reason.

15         b.  Requiring the termination of the volunteer mother's

16  pregnancy.

17         4.  An attorney who represents an intended father and

18  intended mother or any other attorney with whom that attorney

19  is associated shall not represent simultaneously a female who

20  is or proposes to be a volunteer mother in any matter relating

21  to a preplanned adoption agreement or preplanned adoption

22  arrangement.

23         5.  Payment to agents, finders, and intermediaries,

24  including attorneys and physicians, as a finder's fee for

25  finding volunteer mothers or matching a volunteer mother and

26  intended father and intended mother is prohibited.  Doctors,

27  psychologists, attorneys, and other professionals may receive

28  reasonable compensation for their professional services, such

29  as providing medical services and procedures, legal advice in

30  structuring and negotiating a preplanned adoption agreement,

31  or counseling.

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  1         6.  As used in this paragraph, the term:

  2         a.  "Blood and tissue typing tests" include, but are

  3  not limited to, tests of red cell antigens, red cell

  4  isoenzymes, human leukocyte antigens, and serum proteins.

  5         b.  "Child" means the child or children conceived by

  6  means of an insemination that is part of a preplanned adoption

  7  arrangement.

  8         c.  "Fertility technique" means artificial

  9  embryonation, artificial insemination, whether in vivo or in

10  vitro, egg donation, or embryo adoption.

11         d.  "Intended father" means a male who, as evidenced by

12  a preplanned adoption agreement, intends to have the parental

13  rights and responsibilities for a child conceived through a

14  fertility technique, regardless of whether the child is

15  biologically related to the male.

16         e.  "Intended mother" means a female who, as evidenced

17  by a preplanned adoption agreement, intends to have the

18  parental rights and responsibilities for a child conceived

19  through a fertility technique, regardless of whether the child

20  is biologically related to the female.

21         f.  "Parties" means the intended father and intended

22  mother, the volunteer mother and her husband, if she has a

23  husband, who are all parties to the preplanned adoption

24  agreement.

25         g.  "Preplanned adoption agreement" means a written

26  agreement among the parties that specifies the intent of the

27  parties as to their rights and responsibilities in the

28  preplanned adoption arrangement, consistent with the

29  provisions of this act.

30         h.  "Preplanned adoption arrangement" means the

31  arrangement through which the parties enter into an agreement

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  1  for the volunteer mother to bear the child, for payment by the

  2  intended father and intended mother of the expenses allowed by

  3  this act, for the intended father and intended mother to

  4  assert full parental rights and responsibilities to the child

  5  if consent to adoption is not rescinded after birth by the

  6  volunteer mother, and for the volunteer mother to terminate,

  7  subject to a right of rescission, in favor of the intended

  8  father and intended mother all her parental rights and

  9  responsibilities to the child.

10         i.  "Volunteer mother" means a female person at least

11  18 years of age who voluntarily agrees, subject to a right of

12  rescission, that if she should become pregnant pursuant to a

13  preplanned adoption arrangement, she will terminate in favor

14  of the intended father and intended mother her parental rights

15  and responsibilities to the child.

16         (2)(a)  It is unlawful for any person under this

17  chapter to:

18         1.  Knowingly provide false information;

19         2.  Knowingly withhold material information; or

20         3.  For a parent, with the intent to defraud, to accept

21  benefits related to the same pregnancy from more than one

22  adoption entity without disclosing that fact to each entity.

23         (b)  It is unlawful for any person who knows that the

24  parent whose rights are to be terminated intends to object to

25  said termination to intentionally file the petition for

26  termination of parental rights in a county inconsistent with

27  the required venue under such circumstances.

28         (c)  Any person who willfully violates any provision of

29  this subsection commits a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083. In

31  addition, such person is liable for damages caused by such

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  1  acts or omissions, including reasonable attorney's fees and

  2  costs. Damages may be awarded through restitution in any

  3  related criminal prosecution or by filing a separate civil

  4  action.

  5         (3)(2)  This section does not Nothing herein shall be

  6  construed to prohibit an adoption entity a licensed

  7  child-placing agency from charging fees permitted under this

  8  chapter and reasonably commensurate to the services provided.

  9         (4)(3)  It is unlawful for any adoption entity

10  intermediary to fail to report to the court, prior to

11  placement, the intended placement of a minor child for

12  purposes of adoption with any person not a stepparent or a

13  relative within the third degree, if the adoption entity

14  intermediary participates in such intended placement.

15         (5)(4)  It is unlawful for any adoption entity

16  intermediary to charge any fee except those fees permitted

17  under s. 63.097 and approved under s. 63.102 over $1,000 and

18  those costs as set out in paragraph (1)(d) over $2,500, other

19  than for actual documented medical costs, court costs, and

20  hospital costs unless such fee is approved by the court prior

21  to the assessment of the fee by the intermediary and upon a

22  showing of justification for the larger fee.

23         (6)(5)  It is unlawful for any adoption entity

24  intermediary to counsel a birth mother to leave the state for

25  the purpose of giving birth to a child outside the state in

26  order to secure a fee in excess of that permitted under s.

27  63.097 when it is the intention that the child be placed for

28  adoption outside the state.

29         (7)(6)  It is unlawful for any adoption entity

30  intermediary to obtain a preliminary home study or final home

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  1  investigation and fail to disclose the existence of the study

  2  or investigation to the court.

  3         (8)(7)  Unless otherwise indicated, a person who

  4  violates any provision of this section, excluding paragraph

  5  (1)(g)(h), commits is guilty of a felony of the third degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.  A person who violates paragraph (1)(g)(h) commits is

  8  guilty of a misdemeanor of the second degree, punishable as

  9  provided in s. 775.083; and each day of continuing violation

10  shall be considered a separate offense.

11         Section 32.  Section 63.219, Florida Statutes, is

12  amended to read:

13         63.219  Sanctions.--Upon a finding by the court that an

14  adoption entity intermediary or agency has violated any

15  provision of this chapter, the court is authorized to prohibit

16  the adoption entity intermediary or agency from placing a

17  minor for adoption in the future.

18         Section 33.  Paragraph (c) of subsection (1) and

19  paragraph (c) of subsection (2) of section 63.301, Florida

20  Statutes, are amended to read:

21         63.301  Advisory council on adoption.--

22         (1)  There is created within the Department of Children

23  and Family Services an advisory council on adoption.  The

24  council shall consist of 17 members to be appointed by the

25  Secretary of Children and Family Services as follows:

26         (c)  One member shall be a representative from a

27  child-caring agency registered under s. 409.176 that physician

28  licensed to practice in Florida who, as an intermediary,

29  places or has placed children for adoption.

30

31  All members shall be appointed to serve 2-year terms.

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  1         (2)  The functions of the council shall be to:

  2         (c)  Review and evaluate law, procedures, policies, and

  3  practice regarding the protection of children placed for

  4  adoption, birth parents, and adoptive parents utilizing the

  5  services of an adoption entity the Department of Children and

  6  Family Services, licensed child-placing agencies, and

  7  intermediaries, to determine areas needing legislative,

  8  administrative, or other interventions.

  9         Section 34.  Subsections (49) and (50) of section

10  39.01, Florida Statutes, 1998 Supplement, are amended to read:

11         39.01  Definitions.--When used in this chapter, unless

12  the context otherwise requires:

13         (49)  "Parent" means a woman who gives birth to a child

14  and a man whose consent to the adoption of the child would be

15  required under s. 63.062(1) s. 63.062(1)(b). If a child has

16  been legally adopted, the term "parent" means the adoptive

17  mother or father of the child. The term does not include an

18  individual whose parental relationship to the child has been

19  legally terminated, or an alleged or prospective parent,

20  unless the parental status falls within the terms of s.

21  39.503(1) s. 39.4051(1) or s. 63.062(1)(b).

22         (50)  "Participant," for purposes of a shelter

23  proceeding, dependency proceeding, or termination of parental

24  rights proceeding, means any person who is not a party but who

25  should receive notice of hearings involving the child,

26  including foster parents or caregivers, identified prospective

27  parents, or grandparents entitled to priority for adoption

28  consideration under s. 63.0425, actual custodians of the

29  child, and any other person whose participation may be in the

30  best interest of the child. Participants may be granted leave

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  1  by the court to be heard without the necessity of filing a

  2  motion to intervene.

  3         Section 35.  Subsection (41) of section 984.03, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         984.03  Definitions.--When used in this chapter, the

  6  term:

  7         (41)  "Parent" means a woman who gives birth to a child

  8  and a man whose consent to the adoption of the child would be

  9  required under s. 63.062(1)(b). If a child has been legally

10  adopted, the term "parent" means the adoptive mother or father

11  of the child. The term does not include an individual whose

12  parental relationship to the child has been legally

13  terminated, or an alleged or prospective parent, unless the

14  parental status falls within the terms of either s. 39.503(1)

15  or s. 63.062(1)(b).

16         Section 36.  Subsection (42) of section 985.03, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         985.03  Definitions.--When used in this chapter, the

19  term:

20         (42)  "Parent" means a woman who gives birth to a child

21  and a man whose consent to the adoption of the child would be

22  required under s. 63.062(1)(b). If a child has been legally

23  adopted, the term "parent" means the adoptive mother or father

24  of the child. The term does not include an individual whose

25  parental relationship to the child has been legally

26  terminated, or an alleged or prospective parent, unless the

27  parental status falls within the terms of either s. 39.503(1)

28  or s. 63.062(1)(b).

29         Section 37.  Section 63.072, Florida Statutes, is

30  repealed.

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  1         Section 38.  Any petition for adoption filed before

  2  October 1, 1999, shall be governed by the law in effect at the

  3  time the petition was filed.

  4         Section 39.  This act shall take effect October 1,

  5  1999.

  6

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                           CS for SB 2

  3

  4  Provides that, if a person unreasonably withholds consent,
    parental rights may be terminated.
  5
    Clarifies that jurisdiction shall remain in the State of
  6  Florida and that the Uniform Child Custody Act will not apply
    until the adoption is final.
  7
    Provides that a "parent" (not "person") may place a child out
  8  of state if the parent files an affidavit stating the reason
    for the out of state placement.
  9
    Provides that the court may consider "emotional abuse" to a
10  mother during her pregnancy as grounds for the finding of
    abandonment when terminating parental rights.
11
    Includes conduct by a father after he was informed he may be
12  the father of the child as conduct which the court may
    consider in determining abandonment.
13
    Eliminates references to great-grandparents as a priority
14  party or a party to receive notification of proceedings.

15  Provides that the required interviews with parents may be
    excused by the court for good cause.
16
    Extends to two years the Statute of Repose for fraud or
17  knowing misrepresentation.

18  Allows an adoption entity licensed by the Department of
    Children and Family Services to assess fees for foster care
19  expenses, pre- and post-placement social services, and agency
    facility and administrative costs.
20
    Allows adoption agencies to assess fees for legal
21  representation and costs associated with pregnancy counseling
    and supportive services.
22
    Provides for a waiver of venue, under certain circumstances,
23  in a case involving an infant.

24  Allows a parent to revoke consent at any time prior to
    placement of the child.
25
    Eliminates certain records retention requirements for the
26  Department of Children and Family Services.

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