Senate Bill sb0138c1

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    Florida Senate - 2001                            CS for SB 138

    By the Committee on Judiciary and Senators Campbell, Latvala
    and Sebesta




    308-679-01

  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

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

  4         to the petition and grounds for terminating

  5         parental rights and powers of disposition;

  6         removing authority of licensed child-placing

  7         agencies to file actions to terminate parental

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

  9         additional requirements for a petition for

10         adoption; prohibiting filing such petition

11         until the order terminating parental rights is

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

13         legislative intent with respect to adoptions;

14         amending s. 63.032, F.S.; revising definitions;

15         defining "adoption entity," "legal custody,"

16         "parent," and "relative"; creating s. 63.037,

17         F.S.; providing exemptions from certain

18         provisions of ch. 63, F.S., for adoption

19         proceedings initiated under ch. 39, F.S.;

20         creating s. 63.039, F.S.; providing duties of

21         an adoption entity to prospective adoptive

22         parents; providing sanctions and an award of

23         attorney's fees under certain circumstances;

24         amending s. 63.0425, F.S.; conforming

25         provisions relating to grandparent's right to

26         adopt; amending s. 63.052, F.S.; providing for

27         placement of a minor pending adoption;

28         specifying the jurisdiction of the court over a

29         minor placed for adoption; amending s. 63.062,

30         F.S.; specifying additional persons who must

31         consent 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; requiring notification to

24         grandparents; creating s. 63.088, F.S.;

25         providing diligent search and court inquiry

26         requirements for identifying and locating a

27         person who is required to consent to an

28         adoption or receive notice of proceedings to

29         terminate parental rights; providing notice

30         requirements including notice by constructive

31         service; providing that failure to respond or

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  1         appear constitutes grounds to terminate

  2         parental rights pending adoption; creating s.

  3         63.089, F.S.; providing hearing procedures for

  4         proceedings to terminate parental rights

  5         pending adoption; specifying grounds upon which

  6         parental rights may be terminated; providing

  7         for finding of abandonment; providing for

  8         dismissal of petition procedures; providing for

  9         post-judgment relief; providing for

10         confidentiality of records; amending s. 63.092,

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

12         placement before termination of parental

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

14         requirements to provide for allowable and

15         prohibited fees and costs; amending s. 63.102,

16         F.S.; revising requirements for filing a

17         petition for adoption; providing requirements

18         for prior approval of fees and costs; revising

19         requirements for declaratory statement as to

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

21         revising requirements for form and content of a

22         petition for adoption; amending s. 63.122,

23         F.S.; revising the time requirements for

24         hearing a petition for adoption; amending s.

25         63.125, F.S.; conforming provisions relating to

26         the final home investigation; amending s.

27         63.132, F.S.; revising requirements for

28         affidavit of expenses and receipts; requiring

29         separate court order approving fees, costs, and

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

31         circumstances under which a judgment

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  1         terminating parental rights pending adoption is

  2         voidable; providing for an evidentiary hearing

  3         to determine the minor's placement following a

  4         motion to void such a judgment; amending s.

  5         63.162, F.S.; conforming provisions relating to

  6         confidential records of adoption proceedings;

  7         amending s. 63.165, F.S.; requiring that the

  8         Department of Children and Family Services

  9         maintain certain information in the state

10         registry of adoption information for a

11         specified period; amending s. 63.202, F.S.;

12         conforming provisions relating to agencies

13         authorized to place minors for adoption;

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

15         that limit the placement of a minor in another

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

17         revising provisions relating to prohibitions

18         and penalties with respect to adoptions;

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

20         relating to sanctions; creating s. 63.2325,

21         F.S.; providing conditions for revocation of a

22         consent to adoption or affidavit of

23         nonpaternity; amending ss. 984.03, 985.03,

24         F.S.; conforming cross-references; repealing s.

25         63.072, F.S., relating to persons who may waive

26         required consent to an adoption; requiring that

27         a petition for adoption be governed by the law

28         in effect at the time the petition is filed;

29         providing for severability; providing an

30         effective date.

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    Florida Senate - 2001                            CS for SB 138
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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 39.703, Florida Statutes, is

  4  amended to read:

  5         39.703  Initiation of termination of parental rights

  6  proceedings; judicial review.--

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

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

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

10  their responsibilities as specified in the written case plan

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

12  shall state its intent to initiate proceedings to terminate

13  parental rights, unless the social service agency can

14  demonstrate to the court that such a recommendation would not

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

16  department or licensed child-placing agency to initiate

17  proceedings to terminate parental rights, the department or

18  licensed child-placing agency shall file a petition for

19  termination of parental rights no later than 3 months after

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

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

22  licensed child-placing agency shall provide a written report

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

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

25  anticipated date of completion of the process.

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

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

28  the parents, the department social service agency shall

29  initiate termination of parental rights proceedings under this

30  chapter within 30 days. Only if the court finds that the

31  situation of the child is so extraordinary and that the best

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  1  interests of the child will be met by such action at the time

  2  of the judicial review may the case plan be extended. If the

  3  court decides to extend the plan, the court shall enter

  4  detailed findings justifying the decision to extend, as well

  5  as the length of the extension. A termination of parental

  6  rights petition need not be filed if: the child is being cared

  7  for by a relative who chooses not to adopt the child but who

  8  is willing, able, and suitable to serve as the legal custodian

  9  for the child until the child reaches 18 years of age; the

10  court determines that filing such a petition would not be in

11  the best interests of the child; or the state has not provided

12  the child's parent, when reasonable efforts to return a child

13  are required, consistent with the time period in the state's

14  case plan, such services as the state deems necessary for the

15  safe return of the child to his or her home. Failure to

16  initiate termination of parental rights proceedings at the

17  time of the 12-month judicial review or within 30 days after

18  such review does not prohibit initiating termination of

19  parental rights proceedings at any other time.

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

21  Florida Statutes, are amended to read:

22         39.802  Petition for termination of parental rights;

23  filing; elements.--

24         (1)  All proceedings seeking an adjudication to

25  terminate parental rights pursuant to this chapter must be

26  initiated by the filing of an original petition by the

27  department, the guardian ad litem, a licensed child-placing

28  agency, or any other person who has knowledge of the facts

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

30  true.

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

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

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

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

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

  6         Section 3.  Subsection (1) of section 39.806, Florida

  7  Statutes, is amended to read:

  8         39.806  Grounds for termination of parental rights.--

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

10  child-placing agency, or any person who has knowledge of the

11  facts alleged or who is informed of those said facts and

12  believes that they are true, may petition for the termination

13  of parental rights under any of the following circumstances:

14         (a)  When the parent or parents have voluntarily

15  executed a written surrender of the child and consented to the

16  entry of an order giving custody of the child to the

17  department or to a licensed child-placing agency for

18  subsequent adoption and the department or licensed

19  child-placing agency is willing to accept custody of the

20  child.

21         1.  The surrender document must be executed before two

22  witnesses and a notary public or other person authorized to

23  take acknowledgments.

24         2.  The surrender and consent may be withdrawn after

25  acceptance by the department or licensed child-placing agency

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

27  consent were obtained by fraud or under duress.

28         (b)  Abandonment as defined in s. 39.01(1) or when the

29  identity or location of the parent or parents is unknown and

30  cannot be ascertained by diligent search within 60 days.

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

  2  toward the child or toward other children that demonstrates

  3  that the continuing involvement of the parent or parents in

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

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

  6  child irrespective of the provision of services. Provision of

  7  services may be evidenced by proof that services were provided

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

  9  welfare agency.

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

11  state or federal correctional institution and either:

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

13  to be incarcerated will constitute a substantial portion of

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

15  years;

16         2.  The incarcerated parent has been determined by the

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

18  775.084, a habitual violent felony offender as defined in s.

19  775.084, or a sexual predator as defined in s. 775.21; has

20  been convicted of first degree or second degree murder in

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

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

23  or has been convicted of an offense in another jurisdiction

24  which is substantially similar to one of the offenses listed

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

26  "substantially similar offense" means any offense that is

27  substantially similar in elements and penalties to one of

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

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

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

31  or territory thereof, or any foreign jurisdiction; or

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  1         3.  The court determines by clear and convincing

  2  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

11  substantially comply for a period of 12 months after an

12  adjudication of the child as a dependent child or the child's

13  placement into shelter care, whichever came first, constitutes

14  evidence of continuing abuse, neglect, or abandonment unless

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

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

17  the failure of the department to make reasonable efforts to

18  reunify the parent and child. Such 12-month period may begin

19  to run only after the child's placement into shelter care or

20  the entry of a disposition order placing the custody of the

21  child with the department or a person other than the parent

22  and the approval by the court of a case plan with a goal of

23  reunification with the parent, whichever came first.

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

25  conduct or had the opportunity and capability to prevent and

26  knowingly failed to prevent egregious conduct that threatens

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

28  the child or the child's sibling.

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

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

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  1  parent or parents regardless of whether the child is related

  2  legally or by consanguinity.

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

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

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

  6  or outrageous by a normal standard of conduct. Egregious

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

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

  9  endanger the life of the child.

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

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

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

13  chronic abuse.

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

15  or voluntary manslaughter of another child, or a felony

16  assault that results in serious bodily injury to the child or

17  another child, or aided or abetted, attempted, conspired, or

18  solicited to commit such a murder or voluntary manslaughter or

19  felony assault.

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

21  sibling have been terminated involuntarily.

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

23  Florida Statutes, are amended to read:

24         39.811  Powers of disposition; order of disposition.--

25         (2)  If the child is in the custody of the department

26  and the court finds that the grounds for termination of

27  parental rights have been established by clear and convincing

28  evidence, the court shall, by order, place the child in the

29  custody of the department or a licensed child-placing agency

30  for the purpose of adoption.

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

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

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

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

  5  shall provide to the court an amended case plan that which

  6  identifies the permanency goal for the child. Reasonable

  7  efforts must be made to place the child in a timely manner in

  8  accordance with the permanency plan and to complete whatever

  9  steps are necessary to finalize the permanent placement of the

10  child. Thereafter, until the adoption of the child is

11  finalized or the child reaches the age of 18 years, whichever

12  occurs first, the court shall hold hearings at 6-month

13  intervals to review the progress being made toward permanency

14  for the child.

15         Section 5.  Section 39.812, Florida Statutes, is

16  amended to read:

17         39.812  Postdisposition relief; petition for

18  adoption.--

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

20  department which is given custody of a child for subsequent

21  adoption in accordance with this chapter, the department may

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

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

24  family home for prospective subsequent adoption., and the

25  licensed child-placing agency or The department may thereafter

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

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

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

29  shall in all cases be sufficient.

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

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

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

  2  any time after the order terminating parental rights is

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

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

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

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

  7  other proceeding involving the child brought by any parent of

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

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

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

11  the child before a court of competent jurisdiction if the

12  child is still subject to the guardianship of the licensed

13  child-placing agency or department.

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

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

16  licensed child-placing agency or department to guardianship of

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

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

19  the person of the child.

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

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

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

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

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

25  court has jurisdiction for the purpose of reviewing the status

26  of the child and the progress being made toward permanent

27  adoptive placement. As part of this continuing jurisdiction,

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

29  the court may review the appropriateness of the adoptive

30  placement of the child.

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

  2  division of the circuit court which entered the judgment

  3  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

10  if such information is available or readily obtainable. The

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

12  adoption until the judgment terminating parental rights

13  becomes final. An adoption proceeding under this subsection is

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

15         Section 6.  Section 63.022, Florida Statutes, is

16  amended to read:

17         63.022  Legislative intent.--

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

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

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

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

22  possible, to maintain sibling groups.

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

24  this chapter act are that:

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

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

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

28  court.

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

30  court considers the reports of these studies prior to judgment

31  on adoption petitions.

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

  2  to the Department of Children and Family Services.

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

  4  the minor child has lived within the proposed adoptive home

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

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

  7  agency.

  8         (f)  All expenditures by adoption entities

  9  intermediaries placing, and persons independently adopting, a

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

11  in the file of the adoption proceedings.

12         (g)  Social and medical information concerning the

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

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

15  hearing on a petition to terminate parental rights pending

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

17  intermediary.

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

19  the adoption judgment.

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

21  authorized to order temporary substitute care when it

22  determines that the minor is in an unsuitable home.

23         (j)  The records of all proceedings concerning custody

24  and adoption of a minor children are confidential and exempt

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

26  63.162.

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

28  and the minor child receive at a mimimum the same or similar

29  safeguards, guidance, counseling, and supervision required in

30  this chapter an intermediary adoption as they receive in an

31  agency or department adoption.

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

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

  3  orders as it deems necessary and suitable to promote and

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

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

  6  where termination of parental rights occurs, and siblings are

  7  separated despite diligent efforts of the department,

  8  continuing postadoption communication or contact among the

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

10  best interests of the children.

11         Section 7.  Section 63.032, Florida Statutes, is

12  amended to read:

13         63.032  Definitions.--As used in this chapter act,

14  unless the context otherwise requires, the term:

15         (1)(14)  "Abandoned" means a situation in which the

16  parent or person having legal custody legal custodian of a

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

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

19  which situation is sufficient to evince a willful rejection of

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

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

22  child legal custodian to support and communicate with the

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

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

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

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

27  mother during her pregnancy.

28         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

  2  child born to such adoptive parents in lawful wedlock.

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

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

  5  intermediary.

  6         (4)(5)  "Adult" means a person who is not a minor.

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

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

  9  minors for adoption.

10         (6)(2)  "Child" means a son or daughter, whether by

11  birth or adoption.

12         (7)(3)  "Court" means any circuit court of this state

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

14  empowered to grant petitions for adoption.

15         (8)(1)  "Department" means the Department of Children

16  and Family Services.

17         (9)(8)  "Intermediary" means an attorney or physician

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

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

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

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

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

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

24  39.01.

25         (11)(4)  "Minor" means a person under the age of 18

26  years.

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

28  39.01.

29         (13)(6)  "Person" includes a natural person,

30  corporation, government or governmental subdivision or agency,

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  1  business trust, estate, trust, partnership, or association,

  2  and any other legal entity.

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

  4  39.01.

  5         (15)(9)  "To place" or "placement" means the process of

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

  7  parents receiving and adopting the child, and includes all

  8  actions by any person or adoption entity agency participating

  9  in the process.

10         (16)(13)  "Primarily lives and works outside Florida"

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

12  residence and place of employment in Florida."

13         (17)(12)  "Primary residence and place of employment in

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

15  6 months of the year and intends to do so for the foreseeable

16  future or military personnel who designate Florida as their

17  place of residence in accordance with the Soldiers' and

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

19  States Department of State living in a foreign country who

20  designate Florida as their place of residence.

21         (18)(11)  "Suitability of the intended placement"

22  includes the fitness of the intended placement, with primary

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

24  fitness and capabilities of the adoptive parent or parents to

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

26  familial relationship between the child and the prospective

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

28  which the child is intended to be placed.

29         Section 8.  Section 63.037, Florida Statutes, is

30  created to read:

31

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  1         63.037  Proceedings applicable to cases resulting from

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

  3  which a minor becomes available for adoption after the

  4  parental rights of each parent have been terminated by a

  5  judgment entered pursuant to chapter 39 shall be governed by

  6  s. 39.812 and this chapter. Adoption proceedings initiated

  7  under chapter 39 are exempt from the following provisions of

  8  this chapter: disclosure requirements for the adoption entity

  9  provided in s. 63.085; general provisions governing

10  termination of parental rights pending adoption provided in s.

11  63.087; notice and service provisions governing termination of

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

13  procedures for terminating parental rights pending adoption

14  provided in s. 63.089.

15         Section 9.  Section 63.039, Florida Statutes, is

16  created to read:

17         63.039  Duty of adoption entity to prospective adoptive

18  parents; sanctions.--

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

20  has an affirmative duty to follow the requirements of this

21  chapter and specifically the following provisions, which

22  protect and promote the well-being of persons being adopted

23  and their parents and prospective adoptive parents by

24  promoting certainty, finality, and permanency for such

25  persons. The adoption entity must:

26         (a)  Provide written initial disclosure to the

27  prospective adoptive parent at the time and in the manner

28  required under s. 63.085.

29         (b)  Provide written initial and postbirth disclosure

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

31  63.085.

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

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

  3  under s. 63.082.

  4         (d)  When a written consent or affidavit of

  5  nonpaternity for adoption is obtained, obtain a consent to

  6  adoption or affidavit of nonpaternity that contains the

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

  8         (e)  Include in the petition to terminate parental

  9  rights pending adoption all information required under s.

10  63.087(6)(e) and (f).

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

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

13  orally in the presence of the court.

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

15  adoption is necessary under this chapter is known but the

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

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

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

19  terminate parental rights pending adoption at the time and in

20  the manner required by s. 63.088.

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

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

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

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

25  whose rights are to be terminated resides.

26         (2)  If a court finds that a consent or an affidavit of

27  nonpaternity taken under this chapter was obtained by fraud or

28  under duress attributable to the adoption entity, the court

29  must award all sums paid by the prospective adoptive parents

30  or on their behalf in anticipation of or in connection with

31  the adoption. The court may also award reasonable attorney's

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  1  fees and costs incurred by the prospective adoptive parents in

  2  connection with the adoption and any litigation related to

  3  placement or adoption of a minor. The court must award

  4  reasonable attorney's fees and costs, if any, incurred by the

  5  person whose consent or affidavit was obtained by fraud or

  6  under duress. Any award under this subsection to the

  7  prospective adoptive parents or to the person whose consent or

  8  affidavit was obtained by fraud or under duress must be paid

  9  directly to them by the adoption entity or by any applicable

10  insurance carrier on behalf of the adoption entity.

11         (3)  If a person whose consent to an adoption is

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

13  judgment terminating parental rights pending adoption or a

14  judgment of adoption, the court must award a reasonable

15  attorney's fee to the prevailing party. An award under this

16  subsection must be paid by the adoption entity or by any

17  applicable insurance carrier on behalf of the adoption entity

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

19  were the basis for the court's order granting relief to the

20  prevailing party.

21         (4)  The clerk of the court must forward to:

22         (a)  The Florida Bar any order that imposes sanctions

23  under this section against an attorney acting as an adoption

24  entity;

25         (b)  The Department of Children and Family Services any

26  order that imposes sanctions under this section against a

27  licensed child-placing agency or a child-placing agency

28  licensed in another state which is qualified by the

29  department; and

30         (c)  The entity under s. 409.176(5) which certifies

31  child-caring agencies any order that imposes sanctions under

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  1  this section against a child-caring agency registered under s.

  2  409.176.

  3

  4  The order must be forwarded within 30 days after the date that

  5  the order was issued.

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

  7  Statutes, is amended to read:

  8         63.0425  Grandparent's right to adopt.--

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

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

11  agency or intermediary handling the adoption shall notify that

12  grandparent of the impending adoption before the petition for

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

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

15  adoption to that grandparent.

16         Section 11.  Section 63.052, Florida Statutes, is

17  amended to read:

18         63.052  Guardians designated; proof of commitment.--

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

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

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

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

23  for those who have been placed for adoption with and

24  permanently committed to the department, the department shall

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

26         (2)  For minors who have been voluntarily surrendered

27  to an intermediary through an execution of consent to

28  adoption, the intermediary shall be responsible for the minor

29  child until the time a court orders preliminary approval of

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

31  at which time the prospective adoptive parents become

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  1  guardians pending finalization of adoption. Until a court has

  2  terminated parental rights pending adoption and has ordered

  3  preliminary approval of placement of the minor in the adoptive

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

  5  defined in s. 39.01, in foster care as defined in s. 39.01, or

  6  in the care of a prospective adoptive home. No minor shall be

  7  placed in a prospective adoptive home until that home has

  8  received a favorable preliminary home study by a licensed

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

10  as provided in s. 63.092, within 1 year before such placement

11  in the prospective home. Temporary placement in the

12  prospective home with the prospective adoptive parents does

13  not give rise to a presumption that the parental rights of the

14  parents will subsequently be terminated.

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

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

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

18  responsibility and authority to provide for the needs and

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

20  with or voluntarily surrendered to the department, but not

21  permanently committed to the department, the department shall

22  have the responsibility and authority to provide for the needs

23  and welfare for such minors.  The adoption entity may

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

25  agency has the authority to authorize all appropriate medical

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

27  adoption with or voluntarily surrendered to the adoption

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

29  effect notwithstanding the guardianship provisions in this

30  section.

31

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

  2  subsequent adoption and a suitable prospective adoptive home

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

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

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

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

  7  center, the minor must be placed in foster care, the

  8  intermediary shall be responsible for the child until such a

  9  suitable prospective adoptive home is available.

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

11  adoption entity intermediary for subsequent adoption and the

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

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

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

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

16  best interest of the minor child.

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

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

19  permanently committed to the department shall be prima facie

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

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

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

23  agency that the minor child has been permanently committed and

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

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

26  license.

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

28  is not responsible for expenses incurred by other adoption

29  entities licensed child-placing agencies or intermediaries

30  participating in placement of a minor child for the purposes

31  of adoption.

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

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

  3  minor is placed with an adoption entity or prospective

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

  5  and the progress toward permanent adoptive placement. As part

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

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

  8  63.062, the adoption entity, the parents, persons having legal

  9  custody of the minor, persons with custodial or visitation

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

11  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

13  review the appropriateness of the adoptive placement of the

14  minor.

15         Section 12.  Section 63.062, Florida Statutes, is

16  amended to read:

17         63.062  Persons required to consent to adoption;

18  affidavit of nonpaternity; waiver of venue.--

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

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

21  a petition to terminate parental rights pending adoption adopt

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

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

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

25         (a)  The mother of the minor.

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

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

28  was married to the mother;.

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

30         3.  The minor has been established by court proceeding

31  to be his child.

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

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

  3  scientific tests that are generally acceptable within the

  4  scientific community to show a probability of paternity.

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

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

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

  8         1.4.  He Has acknowledged in writing, signed in the

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

10  minor and has filed such acknowledgment with the Office of

11  Vital Statistics of the Department of Health;.

12         2.5.  He Has provided, or has attempted to provide, the

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

14  repetitive, customary manner; or.

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

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

17  action to terminate parental rights pending adoption pursuant

18  to this chapter.

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

20  proceeding in which paternity, custody, or termination of

21  parental rights regarding the minor is at issue.

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

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

24  minor's consent.

25         (2)  Any person whose consent is required under

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

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

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

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

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

31

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  1  receive disclosure under s. 63.085 prior to signing the

  2  affidavit.

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

  4  affidavit of nonpaternity must be given reasonable notice of

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

  6  employment, professional, or personal relationship with the

  7  adoption entity or the prospective adoptive parents to be

  8  present when the consent to adoption or affidavit of

  9  nonpaternity is executed and to sign the consent or affidavit

10  as a witness.

11         (4)  An affidavit of nonpaternity must be in

12  substantially the following form:

13

14                    AFFIDAVIT OF NONPATERNITY

15

16              1.  I have personal knowledge of the facts

17         stated in this affidavit.

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

19         child. I shall not establish or claim paternity

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

21         date of birth is ....

22              3.  The child referenced in this affidavit

23         was not conceived or born while the birth

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

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

26         birth mother.

27              4.  With respect to the child referenced

28         in this affidavit, I have not provided the

29         birth mother with child support or prebirth

30         support; I have not provided her with prenatal

31         care or assisted her with medical expenses; I

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  1         have not provided the birth mother or her child

  2         or unborn child with support of any kind, nor

  3         do I intend to do so.

  4              5.  I have no interest in assuming the

  5         responsibilities of parenthood for this child.

  6         I will not acknowledge in writing that I am the

  7         father of this child nor institute court

  8         proceedings to establish the child as mine.

  9              6.  I do not object to any decision or

10         arrangements .... makes regarding this child,

11         including adoption.

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

13         a person who does not have an employment,

14         professional, or personal relationship with the

15         adoption entity or the prospective adoptive

16         parents to be present when this affidavit is

17         executed and to sign it as a witness.

18

19         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

20         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

21         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

22

23         (5)(2)  The court may require that consent be executed

24  by:

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

26  minor; or

27         (b)  The court having jurisdiction to determine custody

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

29  minor has no authority to consent to the adoption.

30         (6)(3)  The petitioner must make good faith and

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

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  1  obtain written consent from, the persons required to consent

  2  to adoption under this section within 60 days after filing the

  3  petition. These efforts may include conducting interviews and

  4  record searches to locate those persons, including verifying

  5  information related to location of residence, employment,

  6  service in the Armed Forces, vehicle registration in this

  7  state, and corrections records.

  8         (7)(4)  If parental rights to the minor have previously

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

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

11  department with which the minor child has been placed for

12  subsequent adoption may provide consent to the adoption.  In

13  such case, no other consent is required.

14         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

20  provided in this chapter section.

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

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

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

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

25  must obtain, from any party executing an affidavit of

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

27  filed with the petition and must be in substantially the

28  following form:

29

30                         WAIVER OF VENUE

31

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  1

  2         I understand that I have the right to require

  3         that the Petition to terminate my parental

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

  5         waive such right so that the Petition to

  6         Terminate Parental Rights may be filed by

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

  8         county, Florida.

  9

10         I understand that, after signing this waiver, I

11         may object to the county where the proceedings

12         to terminate my parental rights will be held by

13         appearing at the hearing or by filing a written

14         objection, on the attached form, with the Clerk

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

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

17         of venue, the case will be transferred to a

18         county in Florida in which I reside if I intend

19         to assert legally recognized grounds to contest

20         a termination of parental rights. If I have no

21         such residence, the case will be transferred to

22         a county where another parent resides or where

23         at least one parent resided at the time of

24         signing a consent or affidavit of nonpaternity.

25

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

27  containing no consents, disclosures, or other information

28  unrelated to venue.

29         2.  Adoption entities must attach to the waiver of

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

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

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

  2  termination of parental rights and information identifying the

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

  4  the form upon receipt.

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

  6  entity knows that a parent whose rights will be terminated

  7  intends to object to the termination but intentionally files

  8  the petition for termination of parental rights in a county

  9  which is not consistent with the required venue under such

10  circumstances, the adoption entity shall be responsible for

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

12  venue.

13         Section 13.  Section 63.082, Florida Statutes, is

14  amended to read:

15         63.082  Execution of consent to adoption or affidavit

16  of nonpaternity; family social and medical history; withdrawal

17  of consent.--

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

19  nonpaternity shall be executed as follows:

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

21  statement in the presence of the court or by being

22  acknowledged before a notary public.

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

24  representative.

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

26  court or by affidavit.

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

28  certificate of the court.

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

30  the adopting parent is valid if the consent contains a

31  statement by the person consenting that the consent was

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  1  voluntarily executed and that identification of the adopting

  2  parent is not required for granting the consent.

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

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

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

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

  7  the forms promulgated by the department completed by the birth

  8  parents must be attached to the petition to terminate parental

  9  rights pending adoption and must contain such biological and

10  sociological information, or such information as to the family

11  medical history, regarding the minor child and the birth

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

13  must be incorporated into the final home investigation report

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

15  require that the birth mother be interviewed by a

16  representative of the department, a licensed child-placing

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

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

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

20  statement that the parent is unlocated or unidentified, must

21  be filed with the petition to terminate parental rights

22  pending adoption and included in the final home investigation

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

24  the court for good cause.

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

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

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

28  must be attached to the petition to terminate parental rights

29  pending adoption and must be accompanied by a family medical

30  history that includes such information concerning the medical

31

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

  2  readily obtainable.

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

  4  history is unavailable because the person whose consent is

  5  required cannot be located or identified, the petition to

  6  terminate parental rights pending adoption must be accompanied

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

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

  9  nonpaternity shall not for voluntary surrender must be

10  executed before after the birth of the minor.

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

12  placed for adoption with identified prospective adoptive

13  parents under s. 63.052, upon the minor's release from a

14  licensed hospital or birth center following birth, shall not

15  be executed sooner than 48 hours after the minor's birth or

16  the day the birth mother has been notified in writing, either

17  on her patient chart or in release paperwork, that she is fit

18  to be released from a licensed hospital or birth center,

19  whichever is earlier. A consent executed under this paragraph

20  is valid upon execution and may be withdrawn only if the court

21  finds that it was obtained by fraud or under duress. The

22  waiting period provided in this section does not apply in any

23  case in which the revocation period in s. 63.082(4)(c)

24  applies.

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

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

27  hospital or birth center following birth, the consent to

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

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

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

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

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  1  with the prospective adoptive parents, whichever is later. If

  2  a consent has been executed, this subsection may not be

  3  construed to provide a birth parent with more than 3 days to

  4  revoke that consent once the child has been placed with the

  5  prospective adoptive parents. The revocation period provided

  6  in this section does not apply in any case in which the

  7  waiting period in s. 63.082(4)(b) applies.

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

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

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

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

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

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

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

15  business addresses and social security numbers, driver's

16  license numbers, or state identification card numbers must be

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

18  license number, or state identification card number shall not

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

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

21  the witnesses be an individual who does not have an

22  employment, professional, or personal relationship with the

23  adoption entity or the prospective adoptive parents. The

24  adoption entity must give reasonable notice to the person

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

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

27  consent or affidavit must acknowledge in writing on the

28  consent or affidavit that such notice was given and indicate

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

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

31

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

  2  or affidavit of nonpaternity.

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

  4  16-point boldfaced type, an acknowledgment of the parent's

  5  rights in substantially the following form:

  6

  7                       CONSENT TO ADOPTION

  8

  9         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

10         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

11         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

12         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

13         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

15         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

16         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

17         OR WITNESSES YOU SELECTED, IF ANY.

18

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

20         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

21         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

22

23              1.  CONSULT WITH AN ATTORNEY;

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

25              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

26         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

27         WILLING TO CARE FOR THE CHILD;

28              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

29         LEGALLY PROHIBITED; AND

30

31

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  1              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

  2         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

  3         THROUGH WITH THE ADOPTION.

  4

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

  6         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

  7         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

  9         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

10         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

11         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

12         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

13         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

14         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

15         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

16         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

18         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

19         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

20         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

21         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

22         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

23         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

24

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

26         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

27         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

28         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

29         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

30         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

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  1         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

  2         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

  3         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

  4         TO THE PLACEMENT OF THE CHILD WITH THE

  5         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

  6         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

  7         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

  8         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

  9         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

10         LATER.

11

12         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

13         PERIOD, YOU MUST:

14              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

15         A LETTER, THAT YOU ARE WITHDRAWING YOUR

16         CONSENT.

17              2.  MAIL THE LETTER AT A UNITED STATES

18         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

19         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

20         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

21         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

22         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

23         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

24         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

25              3.  SEND THE LETTER BY CERTIFIED UNITED

26         STATES MAIL WITH RETURN RECEIPT REQUESTED.

27              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

28         THE LETTER.

29              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

30         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

31         MANNER.

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  1

  2         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

  3         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

  4         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

  5         IN WRITING BY CERTIFIED UNITED STATES MAIL,

  6         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

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

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

10

11         ONCE THE REVOCATION PERIOD IS OVER, OR THE

12         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

13         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

14         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

15         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

16         FRAUD OR UNDER DURESS.

17

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

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

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

21  be met.

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

23  termination of parental rights pending adoption must be

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

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

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

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

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

29  provided as required in this subsection, the adoption entity

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

31  is undeliverable. The original consent and acknowledgment of

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

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

  3  undeliverable must be filed with the petition for termination

  4  of parental rights pending adoption.

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

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

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

  8  notifying the adoption entity in writing by certified United

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

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

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

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

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

14  which the United States Postal Service accepts certified mail

15  for delivery.

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

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

18  adoption entity must contact the prospective adoptive parent

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

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

21  emergency hearing by the adoption entity, the court determines

22  in written findings that placement of the minor with the

23  person withdrawing consent may endanger the minor.

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

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

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

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

28  is appropriate, whether an investigation by the department is

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

30  available for the temporary placement.

31

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

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

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

  4  court may order scientific paternity testing and reserve

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

  6  testing have been filed with the court.

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

  8  days after notification of the withdrawal of consent or after

  9  the court determines that withdrawal is valid and binding upon

10  consideration of an emergency motion, as filed pursuant to

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

12  withdrawing consent.

13         (f)  Following the revocation period for withdrawal of

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

15  child with the prospective adoptive parents, whichever occurs

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

17  the consent was obtained by fraud or under duress.

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

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

20  under duress.

21         Section 14.  Section 63.085, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section. See

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

25         63.085  Disclosure by adoption entity.--

26         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

29  for adoption contacts an adoption entity in person or provides

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

31  provide a written disclosure statement to that person if the

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  1  entity agrees or continues to work with such person. If an

  2  adoption entity is assisting in the effort to terminate the

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

  4  with the adoption entity, the written disclosure must be

  5  provided within 7 days after that parent is identified and

  6  located. The written disclosure statement must be in

  7  substantially the following form:

  8

  9                       ADOPTION DISCLOSURE

10

11         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

12         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

13         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

14         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

15         ADOPTION UNDER FLORIDA LAW:

16

17              1.  Under section 63.102, Florida

18         Statutes, the existence of a placement or

19         adoption contract signed by the parent or

20         prospective adoptive parent, prior approval of

21         that contract by the court, or payment of any

22         expenses permitted under Florida law does not

23         obligate anyone to sign a consent or ultimately

24         place a minor for adoption.

25              2.  Under sections 63.092 and 63.125,

26         Florida Statutes, a favorable preliminary home

27         study, before the minor may be placed in that

28         home, and a final home investigation, before

29         the adoption becomes final, must be completed.

30              3.  Under section 63.082, Florida

31         Statutes, a consent to adoption or affidavit of

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  1         nonpaternity may not be signed until after the

  2         birth of the minor.

  3              4.  Under section 63.082, Florida

  4         Statutes, if the minor is to be placed for

  5         adoption with identified prospective adoptive

  6         parents upon release from a licensed hospital

  7         or birth center following birth, the consent to

  8         adoption may not be signed until 48 hours after

  9         birth or until the day the birth mother has

10         been notified in writing, either on her patient

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

12         be released from the licensed hospital or birth

13         center, whichever is sooner. The consent to

14         adoption or affidavit of nonpaternity is valid

15         and binding upon execution unless the court

16         finds it was obtained by fraud or under duress.

17              5.  Under section 63.082, Florida

18         Statutes, if the minor is not placed for

19         adoption with the prospective adoptive parent

20         upon release from the hospital or birth center

21         following birth, a 3-day revocation period

22         applies during which consent may be withdrawn

23         for any reason by notifying the adoption entity

24         in writing. In order to withdraw consent, the

25         written withdrawal of consent must be mailed at

26         a United States Post Office no later than 3

27         business days after execution of the consent or

28         1 business day after the date of the birth

29         mother's discharge from a licensed hospital or

30         birth center, whichever occurs later. For

31         purposes of mailing the withdrawal of consent,

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  1         the term "business day" means any day on which

  2         the United States Postal Service accepts

  3         certified mail for delivery. The letter must be

  4         sent by certified United States mail, return

  5         receipt requested. Postal costs must be paid at

  6         the time of mailing and the receipt should be

  7         retained as proof that consent was withdrawn in

  8         a timely manner.

  9              6.  Under section 63.082, Florida

10         Statutes, and notwithstanding the revocation

11         period, the consent may be withdrawn at any

12         time prior to the placement of the child with

13         the prospective adoptive parent, by notifying

14         the adoption entity in writing by certified

15         United States mail, return receipt requested. 

16              7.  Under section 63.082, Florida

17         Statutes, if an adoption entity timely receives

18         written notice from a person of that person's

19         desire to withdraw consent, the adoption entity

20         must contact the prospective adoptive parent to

21         arrange a time certain to regain physical

22         custody of the child. Absent a court order for

23         continued placement of the child entered under

24         section 63.082, Florida Statutes, the adoption

25         entity must return the minor within 3 days

26         after notification of the withdrawal of consent

27         to the physical custody of the person

28         withdrawing consent. After the revocation

29         period for withdrawal of consent ends, or after

30         the placement of the child with prospective

31         adoptive parent, whichever occurs later, the

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  1         consent may be withdrawn only if the court

  2         finds that the consent was obtained by fraud or

  3         under duress.

  4              8.  Under section 63.082, Florida

  5         Statutes, an affidavit of nonpaternity, once

  6         executed, may be withdrawn only if the court

  7         finds that it was obtained by fraud or under

  8         duress.

  9              9.  Under section 63.082, Florida

10         Statutes, a person who signs a consent to

11         adoption or an affidavit of nonpaternity must

12         be given reasonable notice of his or her right

13         to select a person who does not have an

14         employment, professional, or personal

15         relationship with the adoption entity or the

16         prospective adoptive parents to be present when

17         the consent or affidavit is executed and to

18         sign the consent or affidavit as a witness.

19              10.  Under section 63.088, Florida

20         Statutes, specific and extensive efforts are

21         required by law to attempt to obtain the

22         consents required under section 63.062, Florida

23         Statutes. If these efforts are unsuccessful,

24         the court may not enter a judgment terminating

25         parental rights pending adoption until certain

26         requirements have been met.

27              11.  Under Florida law, an intermediary

28         may represent the legal interests of only the

29         prospective adoptive parents. Each person whose

30         consent to an adoption is required under

31         section 63.062, Florida Statutes, is entitled

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  1         to seek independent legal advice and

  2         representation before signing any document or

  3         surrendering parental rights.

  4              12.  Under section 63.182, Florida

  5         Statutes, an action or proceeding of any kind

  6         to vacate, set aside, or otherwise nullify a

  7         judgment of adoption or an underlying judgment

  8         terminating parental rights pending adoption,

  9         on any ground, including duress but excluding

10         fraud, must be filed within 1 year after entry

11         of the judgment terminating parental rights

12         pending adoption. Such an action or proceeding

13         for fraud must be filed within 2 years after

14         entry of the judgment terminating parental

15         rights.

16              13.  Under section 63.089, Florida

17         Statutes, a judgment terminating parental

18         rights pending adoption is voidable and any

19         later judgment of adoption of that minor is

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

21         court finds that any person knowingly gave

22         false information that prevented the parent

23         from timely making known his or her desire to

24         assume parental responsibilities toward the

25         minor or to exercise his or her parental

26         rights. The motion must be filed with the court

27         that originally entered the judgment. The

28         motion must be filed within a reasonable time,

29         but not later than 2 years after the date the

30         judgment to which the motion is directed was

31         entered.

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  1              14.  Under section 63.165, Florida

  2         Statutes, the State of Florida maintains a

  3         registry of adoption information. Information

  4         about the registry is available from the

  5         Department of Children and Family Services.

  6              15.  Under section 63.032, Florida

  7         Statutes, a court may find that a parent has

  8         abandoned his or her child based on conduct

  9         during the pregnancy or based on conduct after

10         the child is born. In addition, under section

11         63.089, Florida Statutes, the failure of a

12         parent to respond to notices of proceedings

13         involving his or her child shall result in

14         termination of parental rights of a parent. A

15         lawyer can explain what a parent must do to

16         protect his or her parental rights. Any parent

17         wishing to protect his or her parental rights

18         should act IMMEDIATELY.

19              16.  Each parent and prospective adoptive

20         parent is entitled to independent legal advice

21         and representation. Attorney information may be

22         obtained from the yellow pages, The Florida

23         Bar's lawyer referral service, and local legal

24         aid offices and bar associations.

25              17.  Counseling services may be helpful

26         while making a parenting decision. Consult the

27         yellow pages of the telephone directory.

28              18.  Medical and social services support

29         is available if the parent wishes to retain

30         parental rights and responsibilities. Consult

31         the Department of Children and Family Services.

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  1              19.  Under section 63.039, Florida

  2         Statutes, an adoption entity has certain legal

  3         responsibilities and may be liable for damages

  4         to persons whose consent to an adoption is

  5         required or to prospective adoptive parents for

  6         failing to materially meet those

  7         responsibilities. Damages may also be recovered

  8         from an adoption entity if a consent to

  9         adoption or affidavit of nonpaternity is

10         obtained by fraud or under duress attributable

11         to an adoption entity.

12              20.  Under section 63.097, Florida

13         Statutes, reasonable living expenses of the

14         birth mother may be paid by the prospective

15         adoptive parents and the adoption entity only

16         if the birth mother is unable to pay due to

17         unemployment, underemployment, or disability.

18         The law also allows payment of reasonable and

19         necessary medical expenses, expenses necessary

20         to comply with the requirements of chapter 63,

21         Florida Statutes, court filing expenses, and

22         costs associated with advertising. Certain

23         documented legal, counseling, and other

24         professional fees may be paid. Prior approval

25         of the court is not required until the

26         cumulative total of amounts permitted exceeds

27         $2,500 in legal or other fees, $500 in court

28         costs, $3,000 in expenses or $1,500 in

29         cumulative expenses incurred prior to the date

30         the prospective adoptive parent retains the

31

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  1         adoption entity. The following fees, costs, and

  2         expenses are prohibited:

  3              a.  Any fee or expense that constitutes

  4         payment for locating a minor for adoption.

  5              b.  Any lump-sum payment to the entity

  6         which is nonrefundable directly to the payor or

  7         which is not itemized on the affidavit.

  8              c.  Any fee on the affidavit which does

  9         not specify the service that was provided and

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

11         fee for facilitation or acquisition.

12

13         The court may reduce amounts charged or refund

14         amounts that have been paid if it finds that

15         these amounts were more than what was

16         reasonable or allowed under the law.

17              21.  Under section 63.132, Florida

18         Statutes, the adoption entity and the

19         prospective adoptive parents must sign and file

20         with the court a written statement under oath

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

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

23         prospective adoptive parents and any adoption

24         entity in connection with the adoption. The

25         affidavit must state whether any of the

26         expenses were eligible to be paid for by any

27         other source.

28              22.  Under section 63.132, Florida

29         Statutes, the court order approving the money

30         spent on the adoption must be separate from the

31         judgment making the adoption final. The court

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  1         may approve only certain costs and expenses

  2         allowed under s. 63.097. The court may approve

  3         only fees that are allowed under law and that

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

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

  6         adoption can be determined by reading sections

  7         63.097 and 63.132, Florida Statutes.

  8

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

10  must obtain a written statement acknowledging receipt of the

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

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

13  obtain such an acknowledgment, the adoption entity must

14  execute an affidavit stating why an acknowledgment could not

15  be obtained. If the disclosure was delivered by certified

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

17  signed by the person from whom acknowledgment is required is

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

19  of the acknowledgment of receipt of the disclosure must be

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

21  acknowledgment or affidavit executed by the adoption entity in

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

23  the adoption entity. The original acknowledgment or affidavit

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

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

26  affidavit must be included in the preliminary home study

27  required in s. 63.092.

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

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

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

31

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  1  making certain disclosures to a parent and obtaining a written

  2  acknowledgment of receipt must be repeated.

  3         (4)  REVOCATION OF CONSENT.--Failure to meet the

  4  requirements of s. 63.085(1)-(3) does not constitute grounds

  5  for revocation of a consent to adoption or withdrawal of an

  6  affidavit of nonpaternity unless the extent and circumstances

  7  of such a failure result in a material failure of fundamental

  8  fairness in the administration of due process, or the failure

  9  constitutes or contributes materially to fraud or duress in

10  obtaining a consent to adoption or affidavit of nonpaternity.

11         Section 15.  Section 63.087, Florida Statutes, is

12  created to read:

13         63.087  Proceeding to terminate parental rights pending

14  adoption; general provisions.--

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

16  a court determine whether a minor is legally available for

17  adoption through a separate proceeding terminating parental

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

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

20  Procedure govern a proceeding to terminate parental rights

21  pending adoption unless otherwise provided by law.

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

23  competent to decide child welfare or custody matters has

24  jurisdiction to hear all matters arising from a proceeding to

25  terminate parental rights pending adoption. All subsequent

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

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

28  who conducted the termination proceedings, if that judge is

29  still available within the division of the court which

30  conducts termination or adoption cases or, if that judge is

31  unavailable, by another judge within the division.

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  1         (4)  VENUE.--

  2         (a)  A petition to terminate parental rights pending

  3  adoption must be filed:

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

  5  previous 6 months;

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

  7  not continuously resided in one county for the previous 6

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

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

10  nonpaternity;

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

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

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

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

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

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

17  the time of execution of the consent or affidavit of

18  nonpaternity; or

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

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

21  resides.

22         5.  If neither parent resides in the state, venue is in

23  the county where the adoption entity is located.

24         (b)  If a petition for termination of parental rights

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

26  objects to venue, there must be a hearing in which the court

27  shall determine whether that parent intends to assert legally

28  recognized grounds to contest a termination of parental rights

29  and, if so, the court shall immediately transfer venue to the

30  county where that parent resides, if there is such a county,

31  or, if not, a county where:

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

  2  terminated resides;

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

  4  execution of a consent or affidavit of nonpaternity; or

  5         3.  The adoption entity is located if neither

  6  subparagraph 1. nor subparagraph 2. applies.

  7

  8  The court shall consider for purposes of selecting venue the

  9  ease of access to the court of the parent who intends to

10  contest a termination of parental rights.

11         (c)  If there is a transfer of venue, the adoption

12  entity or the petitioner must bear the cost of venue transfer.

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

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

15  judge signed the judgment terminating parental rights pending

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

17  the minor has been the subject of a judgment terminating

18  parental rights under chapter 39.

19         (6)  PETITION.--

20         (a)  A proceeding seeking to terminate parental rights

21  pending adoption pursuant to this chapter must be initiated by

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

23  minor.

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

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

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

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

28  63.082 consents in writing to the entity filing the petition.

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

30

31

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

  2  the Termination of Parental Rights for the Proposed Adoption

  3  of a Minor Child."

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

  5  consolidated with a previously filed petition for a

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

  7  fee may be assessed for both the termination of parental

  8  rights and declaratory-statement petitions. 

  9         (e)  The petition to terminate parental rights pending

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

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

12  petition. A written consent to adoption, affidavit of

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

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

15  63.062, must be executed and attached.

16         (f)  The petition must include:

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

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

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

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

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

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

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

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

25  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

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

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

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

31

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

  2  which that city is located.

  3         3.  Unless a consent to adoption or affidavit of

  4  nonpaternity executed by each person whose consent is required

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

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

  7  that city is located, of:

  8         a.  The minor's mother;

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

10  the minor's father; and

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

12  39.01, of the minor.

13

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

15  so state.

16         4.  All information required by the Uniform Child

17  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

19  which the petition is based.

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

21  adoption entity seeking to place the minor for adoption.

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

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

24  filed.

25         8.  A certification of compliance with the requirements

26  of s. 63.0425 regarding notice to grandparents of an impending

27  adoption.

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

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

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

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

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

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

  3  petition constitutes grounds upon which the court may

  4  terminate parental rights. Notwithstanding the filing of any

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

  6  terminate parental rights pending adoption whose consent to

  7  adoption is required under s. 63.062 must:

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

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

10  person may consult with an attorney;

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

12  the petition; and

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

14  of any consent or affidavit of nonpaternity signed by any

15  person.

16         Section 16.  Section 63.088, Florida Statutes, is

17  created to read:

18         63.088  Proceeding to terminate parental rights pending

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

20         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

23  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

30  the person seeking to place a minor for adoption.

31

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

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

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

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

  5  not executed an affidavit of nonpaternity and whose location

  6  and identity have been determined by compliance with the

  7  procedures in this section, must be personally served,

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

  9  with a copy of the petition to terminate parental rights

10  pending adoption and with notice in substantially the

11  following form:

12

13                  NOTICE OF PETITION AND HEARING

14          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

15

16         A petition to terminate parental rights pending

17         adoption has been filed. A copy of the petition

18         is being served with this notice. There will be

19         a hearing on the petition to terminate parental

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

21         ... (time) ... before ... (judge) ... at ...

22         (location, including complete name and street

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

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

25         hearing. If you executed a consent to adoption

26         or an affidavit of nonpaternity and a waiver of

27         venue, you have the right to request that the

28         termination of parental rights hearing be

29         transferred to the county in which you reside.

30         You may object by appearing at the hearing or

31         filing a written objection with the court.

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  1

  2         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

  3         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

  4         THE COURT OR TO APPEAR AT THIS HEARING

  5         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

  6         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

  7         THE MINOR CHILD.

  8

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

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

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

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

13  hearing and likely to have the following information regarding

14  the identity of:

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

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

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

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

19  the father of the minor;

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

21  time when conception of the minor may have occurred;

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

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

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

25  pregnancy;

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

27  the birth certificate of the minor or in connection with

28  applying for or receiving public assistance;

29         (f)  Any person who has acknowledged or claimed

30  paternity of the minor; and

31

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

  2  the father.

  3

  4  The information required under this subsection may be provided

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

  6  having personal knowledge of the facts, addressing each

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

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

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

10  required under this subsection may be conducted before the

11  birth of the minor.

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

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

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

15  not executed a consent to adoption or an affidavit of

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

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

18  diligent search for that person which must include inquiries

19  concerning:

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

21  address, through an inquiry of the United States Postal

22  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

30  funds have been mailed;

31

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  1         (c)  Regulatory agencies, including those regulating

  2  licensing in the area where the person last resided;

  3         (d)  Names and addresses of relatives to the extent

  4  such can be reasonably obtained from the petitioner or other

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

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

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

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

  9  sisters, aunts, uncles, cousins, nieces, nephews,

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

11  stepparents, and stepchildren;

12         (e)  Information as to whether or not the person may

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

14         (f)  Telephone listings in the area where the person

15  last resided;

16         (g)  Inquiries of law enforcement agencies in the area

17  where the person last resided;

18         (h)  Highway patrol records in the state where the

19  person last resided;

20         (i)  Department of Corrections records in the state

21  where the person last resided;

22         (j)  Hospitals in the area where the person last

23  resided;

24         (k)  Records of utility companies, including water,

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

26  where the person last resided;

27         (l)  Records of the Armed Forces of the United States

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

29         (m)  Records of the tax assessor and tax collector in

30  the area where the person last resided;

31

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  1         (n)  Search of one Internet databank locator service;

  2  and

  3         (o)  Information held by all medical providers who

  4  rendered medical treatment or care to the birth mother and

  5  child, including the identity and location information of all

  6  persons listed by the mother as being financially responsible

  7  for the uninsured expenses of treatment or care and all

  8  persons who made any such payments.

  9

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

11  requesting information pursuant to this subsection must

12  release the requested information to the petitioner or

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

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

15  diligent search executed by the petitioner and the adoption

16  entity must be filed with the court confirming completion of

17  each aspect of the diligent search enumerated in this

18  subsection and specifying the results. The diligent search

19  required under this subsection may be conducted before the

20  birth of the minor.

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

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

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

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

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

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

27  to locate the person. The unlocated or unidentified person

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

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

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

31  notice, in addition to all information required in the

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

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

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

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

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

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

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

  8  of the facts that must be included in the notice under this

  9  subsection are unknown and cannot be reasonably ascertained,

10  the notice must so state.

11         Section 17.  Section 63.089, Florida Statutes, is

12  created to read:

13         63.089  Proceeding to terminate parental rights pending

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

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

16  pending adoption only after a full evidentiary hearing.

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

18  hearing only when:

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

20  required under s. 63.062:

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

22  filed with the court;

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

24  been executed and filed with the court; or

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

26  63.088;

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

28  under ss. 63.087 and 63.088:

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

30  personal service and an affidavit of service has been filed

31  with the court;

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

  2  of publication of constructive service and an affidavit of

  3  service has been filed with the court; or

  4         3.  An affidavit of nonpaternity which affirmatively

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

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

  7         (d)  The petition contains all information required

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

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

10  obtained and filed with the court.

11         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

13  rights pending adoption if the court determines by clear and

14  convincing evidence, supported by written findings of fact,

15  that each person whose consent to adoption is required under

16  s. 63.062:

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

18  withdrawn under s. 63.082 and the consent was obtained

19  according to the requirements of this chapter;

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

21  affidavit was obtained according to the requirements of this

22  chapter;

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

24  in accordance with the requirements of this chapter and has

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

26  hearing resulting in the judgment terminating parental rights

27  pending adoption;

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

29  in accordance with the requirements of this chapter and has

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

31  minor as defined in s. 63.032;

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

  2  parent has been judicially declared incapacitated with

  3  restoration of competency found to be medically improbable;

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

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

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

  7  after examination of his or her written reasons for

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

  9  his or her consent unreasonably;

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

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

12  the court finds, after examining written reasons for the

13  withholding of consent, to be unreasonably withholding his or

14  her consent; or

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

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

17  the adoption is excused by reason of prolonged and unexplained

18  absence, unavailability, incapacity, or circumstances that are

19  found by the court to constitute unreasonable withholding of

20  consent.

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

22  resulting in a termination of parental rights must be based

23  upon clear and convincing evidence. A finding of abandonment

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

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

26  abuse to a birth mother during her pregnancy.

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

28  hearing for termination of parental rights pursuant to this

29  chapter, the court must consider, among other relevant factors

30  not inconsistent with this section:

31

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  1         1.  Whether the actions alleged to constitute

  2  abandonment demonstrate a willful disregard for the safety or

  3  welfare of the child or unborn child;

  4         2.  Whether other persons prevented the person alleged

  5  to have abandoned the child from making the efforts referenced

  6  in this subsection;

  7         3.  Whether the person alleged to have abandoned the

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

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

10  child;

11         4.  Whether the person alleged to have abandoned the

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

13  when such payment was requested by the person having legal

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

15  insurance or other available sources;

16         5.  Whether the amount of support provided or medical

17  expenses paid was appropriate, taking into consideration the

18  needs of the child and relative means and resources available

19  to the person alleged to have abandoned the child and

20  available to the person having legal custody of the child

21  during the period the child allegedly was abandoned; and

22         6.  Whether the person having legal custody of the

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

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

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

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

27  events such as medical appointments and tests relating to the

28  child or, if unborn, the pregnancy.

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

30  child is incarcerated on or after October 1, 2001, in a state

31  or federal correctional institution and:

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

  2  to be incarcerated will constitute a substantial portion of

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

  4  years;

  5         2.  The incarcerated parent has been determined by the

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

  7  775.084, a habitual violent felony offender as defined in s.

  8  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

11  782.04 or a sexual battery that constitutes a capital, life,

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

13  convicted of an offense in another jurisdiction which is

14  substantially similar to one of the offenses listed in this

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

16  similar offense" means any offense that is substantially

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

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

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

20  Columbia, the United States or any possession or territory

21  thereof, or any foreign jurisdiction; or

22         3.  The court determines by clear and convincing

23  evidence that continuing the parental relationship with the

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

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

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

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

28  during pregnancy that the court may consider in determining

29  whether the child has been abandoned is conduct that occurred

30  after the father was informed he may be the father of the

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

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  1  63.088 have been made to inform the father that he is, or may

  2  be, the father of the child.

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

  4  court does not find by clear and convincing evidence that

  5  parental rights of a parent should be terminated pending

  6  adoption, the court must dismiss the petition with prejudice

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

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

  9  must include written findings in support of the dismissal,

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

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

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

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

14  affidavit of nonpaternity that the court finds was obtained by

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

16  upon written findings providing for the placement of the

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

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

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

20  regarding the minor must be brought in a separate custody

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

22  or a paternity action under chapter 742.

23         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

24  ADOPTION.--

25         (a)  The judgment terminating parental rights pending

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

27  the grounds for terminating parental rights pending adoption.

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

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

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

31

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  1  63.062, and the respondent. The clerk shall execute a

  2  certificate of each mailing.

  3         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

  4  RIGHTS.--

  5         (a)  A judgment terminating parental rights pending

  6  adoption is voidable and any later judgment of adoption of

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

  8  court finds that a person knowingly gave false information

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

10  desire to assume parental responsibilities toward the minor or

11  meeting the requirements under this chapter to exercise his or

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

13  filed with the court originally entering the judgment. The

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

15  than 2 years after the entry of the judgment terminating

16  parental rights.

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

18  under this subsection, the court must conduct a preliminary

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

20  between a parent and the child pending resolution of the

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

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

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

24  must be issued in writing as expeditiously as possible and

25  must state with specificity any provisions regarding contact

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

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

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

29  scientific testing to determine the paternity of the minor if

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

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

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  1  determined by legitimacy or scientific testing. The court may

  2  order supervised visitation with a person for whom scientific

  3  testing for paternity has been ordered. Such visitation shall

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

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

  6  the minor.

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

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

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

10  expeditiously as possible thereafter.

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

12  records pertaining to a petition to terminate parental rights

13  pending adoption are related to the subsequent adoption of the

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

15  confidentiality provisions of this chapter do not apply to the

16  extent information regarding persons or proceedings must be

17  made available as specified under s. 63.088.

18         Section 18.  Section 63.092, Florida Statutes, is

19  amended to read:

20         63.092  Report to the court of intended placement by an

21  adoption entity; at-risk placement intermediary; preliminary

22  study.--

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

24  intermediary must report any intended placement of a minor for

25  adoption with any person not related within the third degree

26  or a stepparent if the adoption entity intermediary has

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

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

29  the home.

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

31  prospective adoptive home before the parental rights of the

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

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

  3  placement, the prospective adoptive parents must acknowledge

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

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

  6  is subject to removal from the prospective adoptive home by

  7  the adoption entity or by court order.

  8         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

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

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

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

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

16  the minor child be placed in the prospective adoptive home

17  prior to the completion of the preliminary study unless

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

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

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

21  The department is required to perform the preliminary home

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

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

24  the county where the prospective adoptive parents reside.  The

25  preliminary home study must be made to determine the

26  suitability of the intended adoptive parents and may be

27  completed prior to identification of a prospective adoptive

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

29  1 year after the date of its completion.  A minor may child

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

31  favorable preliminary home study is completed unless the

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

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

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

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

  5  registry and criminal records correspondence checks pursuant

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

  7  intended adoptive parents;

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

  9  home;

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

11  intended adoptive parents;

12         (e)  Documentation of counseling and education of the

13  intended adoptive parents on adoptive parenting;

14         (f)  Documentation that information on adoption and the

15  adoption process has been provided to the intended adoptive

16  parents;

17         (g)  Documentation that information on support services

18  available in the community has been provided to the intended

19  adoptive parents; and

20         (h)  A copy of each the signed acknowledgment statement

21  required by s. 63.085; and

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

23  s. 63.085(1).

24

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

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

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

28  study is unfavorable.  If the preliminary home study is

29  unfavorable, the adoption entity intermediary or petitioner

30  may, within 20 days after receipt of a copy of the written

31  recommendation, petition the court to determine the

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  1  suitability of the intended adoptive home.  A determination as

  2  to suitability under this subsection does not act as a

  3  presumption of suitability at the final hearing.  In

  4  determining the suitability of the intended adoptive home, the

  5  court must consider the totality of the circumstances in the

  6  home.

  7         Section 19.  Section 63.097, Florida Statutes, is

  8  amended to read:

  9         63.097  Fees.--

10         (1)  When the adoption entity is an agency, fees may be

11  assessed if they are approved by the department within the

12  process of licensing the agency and if they are for:

13         (a)  Foster care expenses;

14         (b)  Preplacement and post-placement social services;

15  and

16         (c)  Agency facility and administrative costs.

17         (2)  The following fees, costs, and expenses may be

18  assessed by the adoption entity or paid by the adoption entity

19  on behalf of the prospective adoptive parents:

20         (a)  Reasonable living expenses of the birth mother

21  which the birth mother is unable to pay due to unemployment,

22  underemployment, or disability due to the pregnancy which is

23  certified by a medical professional who has examined the birth

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

25  Reasonable living expenses are rent, utilities, basic

26  telephone service, food, necessary clothing, transportation,

27  and expenses found by the court to be necessary for the health

28  of the unborn child.

29         (b)  Reasonable and necessary medical expenses.

30         (c)  Expenses necessary to comply with the requirements

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

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  1  process under s. 63.088, a diligent search under s. 63.088, a

  2  preliminary home study under s. 63.092, and a final home

  3  investigation under s. 63.125.

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

  5  litigation expenses.

  6         (e)  Costs associated with advertising under s.

  7  63.212(1)(g).

  8         (f)  The following professional fees:

  9         1.  A reasonable hourly fee necessary to provide legal

10  representation to the adoptive parents or adoption entity in a

11  proceeding filed under this chapter.

12         2.  A reasonable hourly fee for contact with the parent

13  related to the adoption. In determining a reasonable hourly

14  fee under this subparagraph, the court must consider if the

15  tasks done were clerical or of such a nature that the matter

16  could have been handled by support staff at a lesser rate than

17  the rate for legal representation charged under subparagraph

18  1. Such tasks specifically do not include obtaining a parent's

19  signature on any document; such tasks include, but need not be

20  limited to, transportation, transmitting funds, arranging

21  appointments, and securing accommodations.

22         3.  A reasonable hourly fee for counseling services

23  provided to a parent or a prospective adoptive parent by a

24  psychologist licensed under chapter 490 or a clinical social

25  worker, marriage and family therapist, or mental health

26  counselor licensed under chapter 491, or a counselor who is

27  employed by an adoption entity accredited by the Council on

28  Accreditation of Services for Children and Families to provide

29  pregnancy counseling and supportive services.

30

31

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  1         (3)  Prior approval of the court is not required until

  2  the cumulative total of amounts permitted under subsection (2)

  3  exceeds:

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

  5         (b)  $500 in court costs;

  6         (c)  $3,000 in expenses; or

  7         (d)  $1,500 cumulative expenses that are related to the

  8  minor, the pregnancy, a parent, or adoption proceeding, which

  9  expenses are incurred prior to the date the prospective

10  adoptive parent retains the adoption entity.

11         (4)  Any fees, costs, or expenses not included in

12  subsection (2) or prohibited under subsection (5) require

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

14  of extraordinary circumstances.

15         (5)  The following fees, costs, and expenses are

16  prohibited:

17         (a)  Any fee or expense that constitutes payment for

18  locating a minor for adoption.

19         (b)  Any lump-sum payment to the entity which is

20  nonrefundable directly to the payor or which is not itemized

21  on the affidavit filed under s. 63.132.

22         (c)  Any fee on the affidavit which does not specify

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

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

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

26  service was provided, the time required to provide the

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

28  hourly fee charged.

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

30  $1,000 and those costs as set out in s. 63.212(1)(d) over

31  $2,500, paid to an intermediary other than actual, documented

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

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

  3  intermediary and upon a showing of justification for the

  4  larger fee.

  5         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

  6  otherwise indicated in this section, when an adoption entity

  7  intermediary uses the services of a licensed child-placing

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

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

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

11  agency, professional, other person or agency, or the

12  department an amount equal to the cost of all services

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

14  conducting the preliminary home study, counseling, and the

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

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

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

18         Section 20.  Section 63.102, Florida Statutes, is

19  amended to read:

20         63.102  Filing of petition for adoption or declaratory

21  statement; venue; proceeding for approval of fees and costs.--

22         (1)  A petition for adoption may not be filed until 30

23  days after the date of the entry of the judgment terminating

24  parental rights pending adoption under this chapter, unless

25  the adoptee is an adult or the minor has been the subject of a

26  judgment terminating parental rights under chapter 39. After a

27  judgment terminating parental rights has been entered, a

28  proceeding for adoption may shall be commenced by filing a

29  petition entitled, "In the Matter of the Adoption of ...." in

30  the circuit court.  The person to be adopted shall be

31  designated in the caption in the name by which he or she is to

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  1  be known if the petition is granted.  If the child is placed

  2  for adoption by an agency, Any name by which the minor child

  3  was previously known may shall not be disclosed in the

  4  petition, the notice of hearing, or the judgment of adoption.

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

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

  7  county where the petition for termination of parental rights

  8  was granted, unless the court in accordance with s. 47.122,

  9  changes the venue to the county where the petitioner or

10  petitioners or the minor child resides or where the adoption

11  entity with agency in which the minor child has been placed is

12  located. The circuit court in this state must retain

13  jurisdiction over the matter until a final judgment is entered

14  on the adoption. The Uniform Child Custody Jurisdiction Act

15  does not apply until a final judgment is entered on the

16  adoption.

17         (3)  Except for adoptions involving placement of a

18  minor child with a relative within the third degree of

19  consanguinity, a petition for adoption in an adoption handled

20  by an adoption entity intermediary shall be filed within 60 30

21  working days after entry of the judgment terminating parental

22  rights placement of a child with a parent seeking to adopt the

23  child.  If no petition is filed within 60 30 days, any

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

25  challenging the prospective adoptive parent's physical custody

26  of the minor child.

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

28  a declaratory statement as to the adoption contract in the

29  county where the petitioner or minor child resides would tend

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

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

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  1  provided the substantive rights of any person will not thereby

  2  be affected.

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

  4  may be commenced any time after an agreement is reached

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

  6  petition for declaratory statement on the agreement entitled

  7  "In the Matter of the Proposed Adoption of a Minor Child" in

  8  the circuit court.

  9         (a)  The petition must be filed jointly by the adoption

10  entity and each person who enters into the agreement.

11         (b)  A contract for the payment of fees, costs, and

12  expenses permitted under this chapter must be in writing, and

13  any person who enters into the contract has 3 business days in

14  which to cancel the contract. To cancel the contract, the

15  person must notify the adoption entity in writing by certified

16  United States mail, return receipt requested, no later than 3

17  business days after signing the contract. For the purposes of

18  this subsection, the term "business day" means a day on which

19  the United States Postal Service accepts certified mail for

20  delivery. If the contract is canceled within the first 3

21  business days, the person who cancels the contract does not

22  owe any legal, intermediary, or other fees, but may be

23  responsible for the adoption entity's actual costs during that

24  time.

25         (c)  The court may grant prior approval only of fees

26  and expenses permitted under s. 63.097. A prior approval of

27  prospective fees and costs does not create a presumption that

28  these items will subsequently be approved by the court under

29  s. 63.132. The court, under s. 63.132, may order an adoption

30  entity to refund any amount paid under this subsection that is

31

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  1  subsequently found by the court to be greater than fees,

  2  costs, and expenses actually incurred.

  3         (d)  The contract may not require, and the court may

  4  not approve, any lump-sum payment to the entity which is

  5  nonrefundable to the payor or any amount that constitutes

  6  payment for locating a minor for adoption.

  7         (e)  A petition for adoption filed under this section

  8  may be consolidated with a previously filed petition for a

  9  declaratory statement. Only one filing fee may be assessed for

10  both the adoption and declaratory-statement petitions.

11         (f)  Prior approval of fees and costs by the court does

12  not obligate the parent to ultimately relinquish the minor for

13  adoption. If a petition for adoption is subsequently filed,

14  the petition for declaratory statement and the petition for

15  adoption must be consolidated into one case.

16         Section 21.  Section 63.112, Florida Statutes, is

17  amended to read:

18         63.112  Petition for adoption; description; report or

19  recommendation, exceptions; mailing.--

20         (1)  A sufficient number of copies of the petition for

21  adoption shall be signed and verified by the petitioner and

22  filed with the clerk of the court so that service may be made

23  under subsection (4) and shall state:

24         (a)  The date and place of birth of the person to be

25  adopted, if known;

26         (b)  The name to be given to the person to be adopted;

27         (c)  The date petitioner acquired custody of the minor

28  and the name of the person placing the minor;

29         (d)  The full name, age, and place and duration of

30  residence of the petitioner;

31

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  1         (e)  The marital status of the petitioner, including

  2  the date and place of marriage, if married, and divorces, if

  3  any;

  4         (f)  The facilities and resources of the petitioner,

  5  including those under a subsidy agreement, available to

  6  provide for the care of the minor to be adopted;

  7         (g)  A description and estimate of the value of any

  8  property of the person to be adopted;

  9         (h)  The case style and date of entry of the judgment

10  terminating parental rights name and address, if known, of any

11  person whose consent to the adoption is required, but who has

12  not consented, and facts or circumstances that excuse the lack

13  of consent; and

14         (i)  The reasons why the petitioner desires to adopt

15  the person.

16         (2)  The following documents are required to be filed

17  with the clerk of the court at the time the petition is filed:

18         (a)  A certified copy of the court judgment terminating

19  parental rights under chapter 39 or the judgment declaring a

20  minor available for adoption under this chapter The required

21  consents, unless consent is excused by the court.

22         (b)  The favorable preliminary home study of the

23  department, licensed child-placing agency, or professional

24  pursuant to s. 63.092, as to the suitability of the home in

25  which the minor has been placed.

26         (c)  The surrender document must include documentation

27  that an interview was interviews were held with:

28         1.  The birth mother, if parental rights have not been

29  terminated;

30         2.  The birth father, if his consent to the adoption is

31  required and parental rights have not been terminated; and

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  1         3.  the minor child, if older than 12 years of age,

  2  unless the court, in the best interest of the minor child,

  3  dispenses with the minor's child's consent under s.

  4  63.062(1)(f) 63.062(1)(c).

  5

  6  The court may waive the requirement for an interview with the

  7  birth mother or birth father in the investigation for good

  8  cause shown.

  9         (3)  Unless ordered by the court, no report or

10  recommendation is required when the placement is a stepparent

11  adoption or when the minor child is related to one of the

12  adoptive parents within the third degree.

13         (4)  The clerk of the court shall mail a copy of the

14  petition within 24 hours after filing, and execute a

15  certificate of mailing, to the adoption entity department and

16  the agency placing the minor, if any.

17         Section 22.  Section 63.122, Florida Statutes, is

18  amended to read:

19         63.122  Notice of hearing on petition.--

20         (1)  After the petition to adopt a minor is filed, the

21  court must establish a time and place for hearing the

22  petition. The hearing may must not be held sooner than 30 days

23  after the date the judgment terminating parental rights was

24  entered or sooner than 90 days after the date the minor was

25  placed the placing of the minor in the physical custody of the

26  petitioner.  The minor must remain under the supervision of

27  the adoption entity department, an intermediary, or a licensed

28  child-placing agency until the adoption becomes final.  When

29  the petitioner is a spouse of the birth parent, the hearing

30  may be held immediately after the filing of the petition.

31

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  1         (2)  Notice of hearing must be given as prescribed by

  2  the rules of civil procedure, and service of process must be

  3  made as specified by law for civil actions.

  4         (3)  Upon a showing by the petitioner that the privacy

  5  of the petitioner or minor child may be endangered, the court

  6  may order the names of the petitioner or minor child, or both,

  7  to be deleted from the notice of hearing and from the copy of

  8  the petition attached thereto, provided the substantive rights

  9  of any person will not thereby be affected.

10         (4)  Notice of the hearing must be given by the

11  petitioner to the adoption entity that places the minor.:

12         (a)  The department or any licensed child-placing

13  agency placing the minor.

14         (b)  The intermediary.

15         (c)  Any person whose consent to the adoption is

16  required by this act who has not consented, unless such

17  person's consent is excused by the court.

18         (d)  Any person who is seeking to withdraw consent.

19         (5)  After filing the petition to adopt an adult, a

20  notice of the time and place of the hearing must be given to

21  any person whose consent to the adoption is required but who

22  has not consented.  The court may order an appropriate

23  investigation to assist in determining whether the adoption is

24  in the best interest of the persons involved.

25         Section 23.  Section 63.125, Florida Statutes, is

26  amended to read:

27         63.125  Final home investigation.--

28         (1)  The final home investigation must be conducted

29  before the adoption becomes final.  The investigation may be

30  conducted by a licensed child-placing agency or a professional

31  in the same manner as provided in s. 63.092 to ascertain

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  1  whether the adoptive home is a suitable home for the minor and

  2  whether the proposed adoption is in the best interest of the

  3  minor.  Unless directed by the court, an investigation and

  4  recommendation are not required if the petitioner is a

  5  stepparent or if the minor child is related to one of the

  6  adoptive parents within the third degree of consanguinity.

  7  The department is required to perform the home investigation

  8  only if there is no licensed child-placing agency or

  9  professional pursuant to s. 63.092 in the county in which the

10  prospective adoptive parent resides.

11         (2)  The department, the licensed child-placing agency,

12  or the professional that performs the investigation must file

13  a written report of the investigation with the court and the

14  petitioner within 90 days after the date the petition is

15  filed.

16         (3)  The report of the investigation must contain an

17  evaluation of the placement with a recommendation on the

18  granting of the petition for adoption and any other

19  information the court requires regarding the petitioner or the

20  minor.

21         (4)  The department, the licensed child-placing agency,

22  or the professional making the required investigation may

23  request other state agencies or child-placing agencies within

24  or outside this state to make investigations of designated

25  parts of the inquiry and to make a written report to the

26  department, the professional, or other person or agency.

27         (5)  The final home investigation must include:

28         (a)  The information from the preliminary home study.

29         (b)  After the minor child is placed in the intended

30  adoptive home, two scheduled visits with the minor child and

31  the minor's child's adoptive parent or parents, one of which

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  1  visits must be in the home, to determine the suitability of

  2  the placement.

  3         (c)  The family social and medical history as provided

  4  in s. 63.082.

  5         (d)  Any other information relevant to the suitability

  6  of the intended adoptive home.

  7         (e)  Any other relevant information, as provided in

  8  rules that the department may adopt.

  9         Section 24.  Section 63.132, Florida Statutes, is

10  amended to read:

11         63.132  Affidavit Report of expenses expenditures and

12  receipts.--

13         (1)  At least 10 days before the hearing on the

14  petition for adoption, the prospective adoptive parent

15  petitioner and any adoption entity intermediary must file two

16  copies of an affidavit under this section.

17         (a)  The affidavit must be signed by the adoption

18  entity and the prospective adoptive parents. A copy of the

19  affidavit must be provided to the adoptive parents at the time

20  the affidavit is executed.

21         (b)  The affidavit must itemize containing a full

22  accounting of all disbursements and receipts of anything of

23  value, including professional and legal fees, made or agreed

24  to be made by or on behalf of the prospective adoptive parent

25  petitioner and any adoption entity intermediary in connection

26  with the adoption or in connection with any prior proceeding

27  to terminate parental rights which involved the minor who is

28  the subject of the petition for adoption. The affidavit must

29  also include, for each fee itemized, the service provided for

30  which the fee is being charged, the date the service was

31  provided, the time required to provide the service, the person

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  1  or entity that provided the service, and the hourly fee

  2  charged.

  3         (c)  The clerk of the court shall forward a copy of the

  4  affidavit to the department.

  5         (d)  The affidavit report must show any expenses or

  6  receipts incurred in connection with:

  7         1.(a)  The birth of the minor.

  8         2.(b)  The placement of the minor with the petitioner.

  9         3.(c)  The medical or hospital care received by the

10  mother or by the minor during the mother's prenatal care and

11  confinement.

12         4.(d)  The living expenses of the birth mother.  The

13  living expenses must be documented in detail to apprise the

14  court of the exact expenses incurred.

15         5.(e)  The services relating to the adoption or to the

16  placement of the minor for adoption that were received by or

17  on behalf of the petitioner, the adoption entity intermediary,

18  either natural parent, the minor, or any other person.

19

20  The affidavit must state whether any of these expenses were

21  paid for by collateral sources, including, but not limited to,

22  health insurance, Medicaid, Medicare, or public assistance.

23         (2)  The court may require such additional information

24  as is deemed necessary.

25         (3)  The court must issue a separate order approving or

26  disapproving the fees, costs, and expenses itemized in the

27  affidavit. The court may approve only fees, costs, and

28  expenditures allowed under s. 63.097. The court may reject in

29  whole or in part any fee, cost, or expenditure listed if the

30  court finds that the expense is:

31         (a)  Contrary to this chapter;

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  1         (b)  Not supported by a receipt in the record, if the

  2  expense is not a fee of the adoption entity; or

  3         (c)  Not a reasonable fee or expense, considering the

  4  requirements of this chapter and the totality of the

  5  circumstances.

  6         (4)(3)  This section does not apply to an adoption by a

  7  stepparent whose spouse is a natural or adoptive parent of the

  8  child.

  9         Section 25.  Section 63.142, Florida Statutes, is

10  amended to read:

11         63.142  Hearing; judgment of adoption.--

12         (1)  APPEARANCE.--The petitioner and the person to be

13  adopted shall appear at the hearing on the petition for

14  adoption, unless:

15         (a)  The person is a minor under 12 years of age;, or

16         (b)  The presence of either is excused by the court for

17  good cause.

18         (2)  CONTINUANCE.--The court may continue the hearing

19  from time to time to permit further observation,

20  investigation, or consideration of any facts or circumstances

21  affecting the granting of the petition.

22         (3)  DISMISSAL.--

23         (a)  If the petition is dismissed, the court shall

24  determine the person that is to have custody of the minor.

25         (b)  If the petition is dismissed, the court shall

26  state with specificity the reasons for the dismissal.

27         (4)  JUDGMENT.--At the conclusion of the hearing, after

28  when the court determines that the date for a parent to file

29  an appeal of a valid judgment terminating that parent's

30  parental rights has passed and no appeal, pursuant to the

31  Florida Rules of Appellate Procedure, is pending all necessary

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  1  consents have been obtained and that the adoption is in the

  2  best interest of the person to be adopted, a judgment of

  3  adoption shall be entered.

  4         (a)  A judgment terminating parental rights pending

  5  adoption is voidable and any later judgment of adoption of

  6  that minor is voidable if, upon a motion to set aside of a

  7  parent, the court finds that any person knowingly gave false

  8  information that prevented the parent from timely making known

  9  his or her desire to assume parental responsibilities toward

10  the minor or meeting the requirements under this chapter to

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

12  paragraph must be filed with the court that entered the

13  original judgment. The motion must be filed within a

14  reasonable time, but not later than 2 years after the date the

15  judgment terminating parental rights was entered.

16         (b)  Except upon good cause shown, no later than 30

17  days after the filing of a motion under this subsection, the

18  court must conduct a preliminary hearing to determine what

19  contact, if any, shall be permitted between a parent and the

20  child pending resolution of the motion. Such contact shall be

21  considered only if it is requested by a parent who has

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

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

24  expeditiously as possible and must state with specificity any

25  provisions regarding contact with persons other than those

26  with whom the child resides.

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

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

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

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

31  child's father and that fact has not previously been

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  1  determined by legitimacy or scientific testing. The court may

  2  order supervised visitation with a person for whom scientific

  3  testing for paternity has been ordered. Such visitation shall

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

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

  6  the minor.

  7         (d)  Except upon good cause shown, no later than 45

  8  days after the preliminary hearing, the court must conduct a

  9  final hearing on the motion to set aside the judgment and

10  issue its written order as expeditiously as possible

11  thereafter.

12         Section 26.  Subsection (2) of section 63.162, Florida

13  Statutes, is amended to read:

14         63.162  Hearings and records in adoption proceedings;

15  confidential nature.--

16         (2)  All papers and records pertaining to the adoption,

17  including the original birth certificate, whether part of the

18  permanent record of the court or a file in the office of an

19  adoption entity department, in a licensed child-placing

20  agency, or in the office of an intermediary are confidential

21  and subject to inspection only upon order of the court;

22  however, the petitioner in any proceeding for adoption under

23  this chapter may, at the option of the petitioner, make public

24  the reasons for a denial of the petition for adoption.  The

25  order must specify which portion of the records are subject to

26  inspection, and it may exclude the name and identifying

27  information concerning the birth parent or adoptee. Papers and

28  records of the department, a court, or any other governmental

29  agency, which papers and records relate to adoptions, are

30  exempt from s. 119.07(1).  In the case of a nonagency

31  adoption, the department must be given notice of hearing and

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  1  be permitted to present to the court a report on the

  2  advisability of disclosing or not disclosing information

  3  pertaining to the adoption.  In the case of an agency

  4  adoption, the licensed child-placing agency must be given

  5  notice of hearing and be permitted to present to the court a

  6  report on the advisability of disclosing or not disclosing

  7  information pertaining to the adoption.  This subsection does

  8  not prohibit the department from inspecting and copying any

  9  official record pertaining to the adoption that is maintained

10  by the department and does not prohibit an agency from

11  inspecting and copying any official record pertaining to the

12  adoption that is maintained by that agency.

13         Section 27.  Section 63.165, Florida Statutes, is

14  amended to read:

15         63.165  State registry of adoption information; duty to

16  inform and explain.--Notwithstanding any other law to the

17  contrary, the department shall maintain a registry with the

18  last known names and addresses of an adoptee and his or her

19  natural parents whose consent was required under s. 63.062,

20  and adoptive parents and any other identifying information

21  that which the adoptee, natural parents whose consent was

22  required under s. 63.062, or adoptive parents desire to

23  include in the registry. The department shall maintain the

24  registry records for the time required by rules adopted by the

25  department in accordance with this chapter or for 99 years,

26  whichever period is greater. The registry shall be open with

27  respect to all adoptions in the state, regardless of when they

28  took place. The registry shall be available for those persons

29  choosing to enter information therein, but no one shall be

30  required to do so.

31

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  1         (1)  Anyone seeking to enter, change, or use

  2  information in the registry, or any agent of such person,

  3  shall present verification of his or her identity and, if

  4  applicable, his or her authority.  A person who enters

  5  information in the registry shall be required to indicate

  6  clearly the persons to whom he or she is consenting to release

  7  this information, which persons shall be limited to the

  8  adoptee and the birth natural mother, natural father whose

  9  consent was required under s. 63.062, adoptive mother,

10  adoptive father, birth natural siblings, and maternal and

11  paternal birth natural grandparents of the adoptee.  Except as

12  provided in this section, information in the registry is

13  confidential and exempt from the provisions of s. 119.07(1).

14  Consent to the release of this information may be made in the

15  case of a minor adoptee by his or her adoptive parents or by

16  the court after a showing of good cause.  At any time, any

17  person may withdraw, limit, or otherwise restrict consent to

18  release information by notifying the department in writing.

19         (2)  The department may charge a reasonable fee to any

20  person seeking to enter, change, or use information in the

21  registry.  The department shall deposit such fees in a trust

22  fund to be used by the department only for the efficient

23  administration of this section. The department and agencies

24  shall make counseling available for a fee to all persons

25  seeking to use the registry, and the department shall inform

26  all affected persons of the availability of such counseling.

27         (3)  The adoption entity department, intermediary, or

28  licensed child-placing agency must inform the birth parents

29  before parental rights are terminated, and the adoptive

30  parents before placement, in writing, of the existence and

31  purpose of the registry established under this section, but

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  1  failure to do so does not affect the validity of any

  2  proceeding under this chapter.

  3         Section 28.  Subsection (2) of section 63.202, Florida

  4  Statutes, is amended to read:

  5         63.202  Authority to license; adoption of rules.--

  6         (2)  No agency shall place a minor for adoption unless

  7  such agency is licensed by the department, except a

  8  child-caring agency registered under s. 409.176.

  9         Section 29.  Section 63.207, Florida Statutes, is

10  amended to read:

11         63.207  Out-of-state placement.--

12         (1)  Unless the parent placing a minor for adoption

13  files an affidavit that the parent chooses to place the minor

14  outside the state, giving the reason for that placement, or

15  the minor child is to be placed with a relative within the

16  third degree or with a stepparent, or the minor is a special

17  needs child, as defined in s. 409.166, or for other good cause

18  shown, an adoption entity may not no person except an

19  intermediary, an agency, or the department shall:

20         (a)  Take or send a minor child out of the state for

21  the purpose of placement for adoption; or

22         (b)  Place or attempt to place a minor child for the

23  purpose of adoption with a family who primarily lives and

24  works outside Florida in another state.  An intermediary may

25  place or attempt to place a child for adoption in another

26  state only if the child is a special needs child as that term

27  is defined in s. 409.166.  If an adoption entity intermediary

28  is acting under this subsection, the adoption entity must

29  intermediary shall file a petition for declaratory statement

30  pursuant to s. 63.102 for prior approval of fees and costs.

31  The court shall review the costs pursuant to s. 63.097.  The

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  1  petition for declaratory statement must be converted to a

  2  petition for an adoption upon placement of the minor child in

  3  the home.  The circuit court in this state must retain

  4  jurisdiction over the matter until the adoption becomes final.

  5  The prospective adoptive parents must come to this state to

  6  have the adoption finalized.  Violation of the order subjects

  7  the adoption entity intermediary to contempt of court and to

  8  the penalties provided in s. 63.212.

  9         (2)  An adoption entity intermediary may not counsel a

10  birth mother to leave the state for the purpose of giving

11  birth to a child outside the state in order to secure a fee in

12  excess of that permitted under s. 63.097 when it is the

13  intention that the child is to be placed for adoption outside

14  the state.

15         (3)  When applicable, the Interstate Compact on the

16  Placement of Children authorized in s. 409.401 shall be used

17  in placing children outside the state for adoption.

18         Section 30.  Section 63.212, Florida Statutes, is

19  amended to read:

20         63.212  Prohibited acts; penalties for violation;

21  preplanned adoption agreement.--

22         (1)  It is unlawful for any person:

23         (a)  Except the department, an intermediary, or an

24  agency, To place or attempt to place a minor child for

25  adoption with a person who primarily lives and works outside

26  this state unless the minor child is placed with a relative

27  within the third degree or with a stepparent.  An intermediary

28  may place or attempt to place a special needs child for

29  adoption with a person who primarily lives and works outside

30  this state only if the intermediary has a declaratory

31  statement from the court establishing the fees to be paid.

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  1  This requirement does not apply if the minor child is placed

  2  by an adoption entity in accordance with s. 63.207 with a

  3  relative within the third degree or with a stepparent.

  4         (b)  Except the department, an intermediary, or an

  5  agency, to place or attempt to place a child for adoption with

  6  a family whose primary residence and place of employment is in

  7  another state unless the child is placed with a relative

  8  within the third degree or with a stepparent.  An intermediary

  9  may place or attempt to place a special needs child for

10  adoption with a family whose primary residence and place of

11  employment is in another state only if the intermediary has a

12  declaratory statement from the court establishing the fees to

13  be paid.  This requirement does not apply if the child is

14  placed with a relative within the third degree or with a

15  stepparent.

16         (b)(c)  Except an adoption entity the Department of

17  Children and Family Services, an agency, or an intermediary,

18  to place or attempt to place within the state a minor child

19  for adoption unless the minor child is placed with a relative

20  within the third degree or with a stepparent.  This

21  prohibition, however, does not apply to a person who is

22  placing or attempting to place a minor child for the purpose

23  of adoption with the adoption entity Department of Children

24  and Family Services or an agency or through an intermediary.

25         (c)(d)  To sell or surrender, or to arrange for the

26  sale or surrender of, a minor child to another person for

27  money or anything of value or to receive such minor child for

28  such payment or thing of value.  If a minor child is being

29  adopted by a relative within the third degree or by a

30  stepparent, or is being adopted through an adoption entity,

31  this paragraph does not prohibit the Department of Children

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  1  and Family Services, an agency, or an intermediary, nothing

  2  herein shall be construed as prohibiting the person who is

  3  contemplating adopting the child from paying, under ss. 63.097

  4  and 63.132, the actual prenatal care and living expenses of

  5  the mother of the child to be adopted, or nor from paying,

  6  under ss. 63.097 and 63.132, the actual living and medical

  7  expenses of such mother for a reasonable time, not to exceed 6

  8  weeks, if medical needs require such support, after the birth

  9  of the minor child.

10         (d)(e)  Having the rights and duties of a parent with

11  respect to the care and custody of a minor to assign or

12  transfer such parental rights for the purpose of, incidental

13  to, or otherwise connected with, selling or offering to sell

14  such rights and duties.

15         (e)(f)  To assist in the commission of any act

16  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

17  paragraph (c), paragraph (d), or paragraph (e).

18         (f)(g)  Except an adoption entity the Department of

19  Children and Family Services or an agency, to charge or accept

20  any fee or compensation of any nature from anyone for making a

21  referral in connection with an adoption.

22         (g)(h)  Except an adoption entity the Department of

23  Children and Family Services, an agency, or an intermediary,

24  to advertise or offer to the public, in any way, by any medium

25  whatever that a minor child is available for adoption or that

26  a minor child is sought for adoption; and, further, it is

27  unlawful for any person to publish or broadcast any such

28  advertisement without including a Florida license number of

29  the agency or, attorney, or physician placing the

30  advertisement.

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  1         (h)(i)  To contract for the purchase, sale, or transfer

  2  of custody or parental rights in connection with any child, or

  3  in connection with any fetus yet unborn, or in connection with

  4  any fetus identified in any way but not yet conceived, in

  5  return for any valuable consideration.  Any such contract is

  6  void and unenforceable as against the public policy of this

  7  state.  However, fees, costs, and other incidental payments

  8  made in accordance with statutory provisions for adoption,

  9  foster care, and child welfare are permitted, and a person may

10  agree to pay expenses in connection with a preplanned adoption

11  agreement as specified below, but the payment of such expenses

12  may not be conditioned upon the transfer of parental rights.

13  Each petition for adoption which is filed in connection with a

14  preplanned adoption agreement must clearly identify the

15  adoption as a preplanned adoption arrangement and must include

16  a copy of the preplanned adoption agreement for review by the

17  court.

18         1.  Individuals may enter into a preplanned adoption

19  arrangement as specified herein, but such arrangement shall

20  not in any way:

21         a.  Effect final transfer of custody of a child or

22  final adoption of a child, without review and approval of the

23  department and the court, and without compliance with other

24  applicable provisions of law.

25         b.  Constitute consent of a mother to place her child

26  for adoption until 7 days following birth, and unless the

27  court making the custody determination or approving the

28  adoption determines that the mother was aware of her right to

29  rescind within the 7-day period following birth but chose not

30  to rescind such consent.

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  1         2.  A preplanned adoption arrangement shall be based

  2  upon a preplanned adoption agreement that must which shall

  3  include, but need not be limited to, the following terms:

  4         a.  That the volunteer mother agrees to become pregnant

  5  by the fertility technique specified in the agreement, to bear

  6  the child, and to terminate any parental rights and

  7  responsibilities to the child she might have through a written

  8  consent executed at the same time as the preplanned adoption

  9  agreement, subject to a right of rescission by the volunteer

10  mother any time within 7 days after the birth of the child.

11         b.  That the volunteer mother agrees to submit to

12  reasonable medical evaluation and treatment and to adhere to

13  reasonable medical instructions about her prenatal health.

14         c.  That the volunteer mother acknowledges that she is

15  aware that she will assume parental rights and

16  responsibilities for the child born to her as otherwise

17  provided by law for a mother, if the intended father and

18  intended mother terminate the agreement before final transfer

19  of custody is completed, or if a court determines that a

20  parent clearly specified by the preplanned adoption agreement

21  to be the biological parent is not the biological parent, or

22  if the preplanned adoption is not approved by the court

23  pursuant to the Florida Adoption Act.

24         d.  That an intended father who is also the biological

25  father acknowledges that he is aware that he will assume

26  parental rights and responsibilities for the child as

27  otherwise provided by law for a father, if the agreement is

28  terminated for any reason by any party before final transfer

29  of custody is completed or if the planned adoption is not

30  approved by the court pursuant to the Florida Adoption Act.

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  1         e.  That the intended father and intended mother

  2  acknowledge that they may not receive custody or the parental

  3  rights under the agreement if the volunteer mother terminates

  4  the agreement or if the volunteer mother rescinds her consent

  5  to place her child for adoption within 7 days after birth.

  6         f.  That the intended father and intended mother may

  7  agree to pay all reasonable legal, medical, psychological, or

  8  psychiatric expenses of the volunteer mother related to the

  9  preplanned adoption arrangement, and may agree to pay the

10  reasonable living expenses of the volunteer mother.  No other

11  compensation, whether in cash or in kind, shall be made

12  pursuant to a preplanned adoption arrangement.

13         g.  That the intended father and intended mother agree

14  to accept custody of and to assert full parental rights and

15  responsibilities for the child immediately upon the child's

16  birth, regardless of any impairment to the child.

17         h.  That the intended father and intended mother shall

18  have the right to specify the blood and tissue typing tests to

19  be performed if the agreement specifies that at least one of

20  them is intended to be the biological parent of the child.

21         i.  That the agreement may be terminated at any time by

22  any of the parties.

23         3.  A preplanned adoption agreement shall not contain

24  any provision:

25         a.  To reduce any amount paid to the volunteer mother

26  if the child is stillborn or is born alive but impaired, or to

27  provide for the payment of a supplement or bonus for any

28  reason.

29         b.  Requiring the termination of the volunteer mother's

30  pregnancy.

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  1         4.  An attorney who represents an intended father and

  2  intended mother or any other attorney with whom that attorney

  3  is associated shall not represent simultaneously a female who

  4  is or proposes to be a volunteer mother in any matter relating

  5  to a preplanned adoption agreement or preplanned adoption

  6  arrangement.

  7         5.  Payment to agents, finders, and intermediaries,

  8  including attorneys and physicians, as a finder's fee for

  9  finding volunteer mothers or matching a volunteer mother and

10  intended father and intended mother is prohibited.  Doctors,

11  psychologists, attorneys, and other professionals may receive

12  reasonable compensation for their professional services, such

13  as providing medical services and procedures, legal advice in

14  structuring and negotiating a preplanned adoption agreement,

15  or counseling.

16         6.  As used in this paragraph, the term:

17         a.  "Blood and tissue typing tests" include, but are

18  not limited to, tests of red cell antigens, red cell

19  isoenzymes, human leukocyte antigens, and serum proteins.

20         b.  "Child" means the child or children conceived by

21  means of an insemination that is part of a preplanned adoption

22  arrangement.

23         c.  "Fertility technique" means artificial

24  embryonation, artificial insemination, whether in vivo or in

25  vitro, egg donation, or embryo adoption.

26         d.  "Intended father" means a male who, as evidenced by

27  a preplanned adoption agreement, intends to have the parental

28  rights and responsibilities for a child conceived through a

29  fertility technique, regardless of whether the child is

30  biologically related to the male.

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  1         e.  "Intended mother" means a female who, as evidenced

  2  by a preplanned adoption agreement, intends to have the

  3  parental rights and responsibilities for a child conceived

  4  through a fertility technique, regardless of whether the child

  5  is biologically related to the female.

  6         f.  "Parties" means the intended father and intended

  7  mother, the volunteer mother and her husband, if she has a

  8  husband, who are all parties to the preplanned adoption

  9  agreement.

10         g.  "Preplanned adoption agreement" means a written

11  agreement among the parties that specifies the intent of the

12  parties as to their rights and responsibilities in the

13  preplanned adoption arrangement, consistent with the

14  provisions of this act.

15         h.  "Preplanned adoption arrangement" means the

16  arrangement through which the parties enter into an agreement

17  for the volunteer mother to bear the child, for payment by the

18  intended father and intended mother of the expenses allowed by

19  this act, for the intended father and intended mother to

20  assert full parental rights and responsibilities to the child

21  if consent to adoption is not rescinded after birth by the

22  volunteer mother, and for the volunteer mother to terminate,

23  subject to a right of rescission, in favor of the intended

24  father and intended mother all her parental rights and

25  responsibilities to the child.

26         i.  "Volunteer mother" means a female person at least

27  18 years of age who voluntarily agrees, subject to a right of

28  rescission, that if she should become pregnant pursuant to a

29  preplanned adoption arrangement, she will terminate in favor

30  of the intended father and intended mother her parental rights

31  and responsibilities to the child.

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  1         (2)(a)  It is unlawful for any person under this

  2  chapter to:

  3         1.  Knowingly provide false information;

  4         2.  Knowingly withhold material information; or

  5         3.  For a parent, with the intent to defraud, to accept

  6  benefits related to the same pregnancy from more than one

  7  adoption entity without disclosing that fact to each entity.

  8         (b)  It is unlawful for any person who knows that the

  9  parent whose rights are to be terminated intends to object to

10  said termination to intentionally file the petition for

11  termination of parental rights in a county inconsistent with

12  the required venue under such circumstances.

13         (c)  Any person who willfully violates any provision of

14  this subsection commits a misdemeanor of the second degree,

15  punishable as provided in s. 775.082 or s. 775.083. In

16  addition, such person is liable for damages caused by such

17  acts or omissions, including reasonable attorney's fees and

18  costs. Damages may be awarded through restitution in any

19  related criminal prosecution or by filing a separate civil

20  action.

21         (3)(2)  This section does not Nothing herein shall be

22  construed to prohibit an adoption entity a licensed

23  child-placing agency from charging fees permitted under this

24  chapter and reasonably commensurate to the services provided.

25         (4)(3)  It is unlawful for any adoption entity

26  intermediary to fail to report to the court, prior to

27  placement, the intended placement of a minor child for

28  purposes of adoption with any person not a stepparent or a

29  relative within the third degree, if the adoption entity

30  intermediary participates in such intended placement.

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  1         (5)(4)  It is unlawful for any adoption entity

  2  intermediary to charge any fee except those fees permitted

  3  under s. 63.097 and approved under s. 63.102 over $1,000 and

  4  those costs as set out in paragraph (1)(d) over $2,500, other

  5  than for actual documented medical costs, court costs, and

  6  hospital costs unless such fee is approved by the court prior

  7  to the assessment of the fee by the intermediary and upon a

  8  showing of justification for the larger fee.

  9         (6)(5)  It is unlawful for any adoption entity

10  intermediary to counsel a birth mother to leave the state for

11  the purpose of giving birth to a child outside the state in

12  order to secure a fee in excess of that permitted under s.

13  63.097 when it is the intention that the child be placed for

14  adoption outside the state.

15         (7)(6)  It is unlawful for any adoption entity

16  intermediary to obtain a preliminary home study or final home

17  investigation and fail to disclose the existence of the study

18  or investigation to the court.

19         (8)(7)  Unless otherwise indicated, a person who

20  violates any provision of this section, excluding paragraph

21  (1)(g)(h), commits is guilty of a felony of the third degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084.  A person who violates paragraph (1)(g)(h) commits is

24  guilty of a misdemeanor of the second degree, punishable as

25  provided in s. 775.083; and each day of continuing violation

26  shall be considered a separate offense.

27         Section 31.  Section 63.219, Florida Statutes, is

28  amended to read:

29         63.219  Sanctions.--Upon a finding by the court that an

30  adoption entity intermediary or agency has violated any

31  provision of this chapter, the court is authorized to prohibit

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  1  the adoption entity intermediary or agency from placing a

  2  minor for adoption in the future.

  3         Section 32.  Section 63.2325, Florida Statutes, is

  4  created to read:

  5         63.2325  Conditions for revocation of a consent to

  6  adoption or affidavit of nonpaternity.--Notwithstanding the

  7  requirements of this chapter, a failure to meet any of those

  8  requirements does not constitute grounds for revocation of a

  9  consent to adoption or withdrawal of affidavit of nonpaternity

10  unless the extent and circumstances of such a failure result

11  in a material failure of fundamental fairness in the

12  administration of due process, or the failure constitutes or

13  contributes to fraud or duress in obtaining a consent to

14  adoption or affidavit of nonpaternity.

15         Section 33.  Subsection (39) of section 984.03, Florida

16  Statutes, is amended to read:

17         984.03  Definitions.--When used in this chapter, the

18  term:

19         (39)  "Parent" means a woman who gives birth to a child

20  and a man whose consent to the adoption of the child would be

21  required under s. 63.062(1) s. 63.062(1)(b). If a child has

22  been legally adopted, the term "parent" means the adoptive

23  mother or father of the child. The term does not include an

24  individual whose parental relationship to the child has been

25  legally terminated, or an alleged or prospective parent,

26  unless the parental status falls within the terms of either s.

27  39.503(1) s. 39.503 or s. 63.062(1) s. 63.062(1)(b).

28         Section 34.  Subsection (40) of section 985.03, Florida

29  Statutes, is amended to read:

30         985.03  Definitions.--When used in this chapter, the

31  term:

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  1         (40)  "Parent" means a woman who gives birth to a child

  2  and a man whose consent to the adoption of the child would be

  3  required under s. 63.062(1) s. 63.062(1)(b). If a child has

  4  been legally adopted, the term "parent" means the adoptive

  5  mother or father of the child. The term does not include an

  6  individual whose parental relationship to the child has been

  7  legally terminated, or an alleged or prospective parent,

  8  unless the parental status falls within the terms of either s.

  9  39.503(1) s. 39.503 or s. 63.062(1) s. 63.062(1)(b).

10         Section 35.  Section 63.072, Florida Statutes, is

11  repealed.

12         Section 36.  Any petition for adoption filed before

13  October 1, 2001, shall be governed by the law in effect at the

14  time the petition was filed.

15         Section 37.  If any provision of this act or the

16  application thereof to any person or circumstance is held

17  invalid, the invalidity does not affect other provisions or

18  applications of the act which can be given effect without the

19  invalid provision or application, and to this end the

20  provisions of this act are declared severable.

21         Section 38.  This act shall take effect October 1,

22  2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 138

  3

  4  Conforms legislative intent language regarding assuring
    parents and children in adoption proceedings receive the
  5  benefits and protections required under chapter 61, F.S.

  6  Corrects a number of technical errors.

  7  Relocates a provision regarding an award of attorney's fees to
    persons whose consent to adoption or affidavit of nonpaternity
  8  was obtained by fraud or under duress.

  9  Requires the clerk of the court to forward all copies of
    sanction orders against adoption entities to their respective
10  regulating or certifying bodies.

11  Eliminates re-enactment of an existing statutory provision
    governing statute of repose period in adoption proceedings.
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