Senate Bill sb0138c2

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    Florida Senate - 2001                     CS for CS for SB 138

    By the Committees on Children and Families; Judiciary; and
    Senators Campbell, Latvala and Sebesta




    300-1372-01

  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. 63.0427, F.S.; allowing

27         biological relatives to have communication or

28         contact with an adopted child under certain

29         conditions; amending s. 63.052, F.S.; providing

30         for placement of a minor pending adoption;

31         specifying the jurisdiction of the court over a

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  1         minor placed for adoption; amending s. 63.062,

  2         F.S.; specifying additional persons who must

  3         consent to an adoption, execute an affidavit of

  4         nonpaternity, or receive notice of proceedings

  5         to terminate parental rights; providing for

  6         form and content of affidavit of nonpaternity;

  7         providing for notice of the right to select a

  8         witness; providing a form for waiver of venue;

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

10         and form for executing a consent to an

11         adoption; making such requirements applicable

12         to affidavit of nonpaternity; providing a

13         revocation period and requirements for

14         withdrawing consent; providing additional

15         disclosure requirements; revising requisite

16         history form to include social history;

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

18         information that must be disclosed to persons

19         seeking to adopt a minor and to the parents;

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

21         separate proceeding be conducted by the court

22         to determine whether a parent's parental rights

23         should be terminated; providing for rules,

24         jurisdiction, and venue for such proceedings;

25         providing requirements for the petition and

26         hearing; requiring notification to

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

28         providing diligent search and court inquiry

29         requirements for identifying and locating a

30         person who is required to consent to an

31         adoption or receive notice of proceedings to

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  1         terminate parental rights; providing notice

  2         requirements including notice by constructive

  3         service; providing that failure to respond or

  4         appear constitutes grounds to terminate

  5         parental rights pending adoption; creating s.

  6         63.089, F.S.; providing hearing procedures for

  7         proceedings to terminate parental rights

  8         pending adoption; specifying grounds upon which

  9         parental rights may be terminated; providing

10         for finding of abandonment; providing for

11         dismissal of petition procedures; providing for

12         post-judgment relief; providing for

13         confidentiality of records; amending s. 63.092,

14         F.S.; restricting certain criminal offenders

15         from having minors placed in their homes for

16         adoption and providing requirements in an

17         at-risk placement before termination of

18         parental rights; amending s. 63.097, F.S.;

19         revising fee requirements to provide for

20         allowable and prohibited fees and costs;

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

22         for filing a petition for adoption; providing

23         requirements for prior approval of fees and

24         costs; revising requirements for declaratory

25         statement as to adoption contract; amending s.

26         63.112, F.S.; revising requirements for form

27         and content of a petition for adoption;

28         amending s. 63.122, F.S.; revising the time

29         requirements for hearing a petition for

30         adoption; amending s. 63.125, F.S.; conforming

31         provisions relating to the final home

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  1         investigation; amending s. 63.132, F.S.;

  2         revising requirements for affidavit of expenses

  3         and receipts; requiring separate court order

  4         approving fees, costs, and expenses; amending

  5         s. 63.142, F.S.; specifying circumstances under

  6         which a judgment terminating parental rights

  7         pending adoption is voidable; providing for an

  8         evidentiary hearing to determine the minor's

  9         placement following a motion to void such a

10         judgment; amending s. 63.162, F.S.; conforming

11         provisions relating to confidential records of

12         adoption proceedings; amending s. 63.165, F.S.;

13         requiring that the Department of Children and

14         Family Services maintain certain information in

15         the state registry of adoption information for

16         a specified period; amending s. 63.202, F.S.;

17         conforming provisions relating to agencies

18         authorized to place minors for adoption;

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

20         that limit the placement of a minor in another

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

22         revising provisions relating to prohibitions

23         and penalties with respect to adoptions;

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

25         relating to sanctions; creating s. 63.2325,

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

27         consent to adoption or affidavit of

28         nonpaternity; amending ss. 984.03, 985.03,

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

30         63.072, F.S., relating to persons who may waive

31         required consent to an adoption; requiring that

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  1         a petition for adoption be governed by the law

  2         in effect at the time the petition is filed;

  3         providing for severability; providing an

  4         effective date.

  5

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

  7

  8         Section 1.  Section 39.703, Florida Statutes, is

  9  amended to read:

10         39.703  Initiation of termination of parental rights

11  proceedings; judicial review.--

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

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

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

15  their responsibilities as specified in the written case plan

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

17  shall state its intent to initiate proceedings to terminate

18  parental rights, unless the social service agency can

19  demonstrate to the court that such a recommendation would not

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

21  department or licensed child-placing agency to initiate

22  proceedings to terminate parental rights, the department or

23  licensed child-placing agency shall file a petition for

24  termination of parental rights no later than 3 months after

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

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

27  licensed child-placing agency shall provide a written report

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

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

30  anticipated date of completion of the process.

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

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

  3  the parents, the department social service agency shall

  4  initiate termination of parental rights proceedings under this

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

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

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

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

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

10  detailed findings justifying the decision to extend, as well

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

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

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

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

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

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

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

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

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

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

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

22  initiate termination of parental rights proceedings at the

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

24  such review does not prohibit initiating termination of

25  parental rights proceedings at any other time.

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

27  Florida Statutes, are amended to read:

28         39.802  Petition for termination of parental rights;

29  filing; elements.--

30         (1)  All proceedings seeking an adjudication to

31  terminate parental rights pursuant to this chapter must be

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  1  initiated by the filing of an original petition by the

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

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

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

  5  true.

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

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

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

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

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

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

12  Statutes, is amended to read:

13         39.806  Grounds for termination of parental rights.--

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

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

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

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

18  of parental rights under any of the following circumstances:

19         (a)  When the parent or parents have voluntarily

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

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

22  department or to a licensed child-placing agency for

23  subsequent adoption and the department or licensed

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

25  child.

26         1.  The surrender document must be executed before two

27  witnesses and a notary public or other person authorized to

28  take acknowledgments.

29         2.  The surrender and consent may be withdrawn after

30  acceptance by the department or licensed child-placing agency

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

  2  consent were obtained by fraud or under duress.

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

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

  5  cannot be ascertained by diligent search within 60 days.

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

  7  toward the child or toward other children that demonstrates

  8  that the continuing involvement of the parent or parents in

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

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

11  child irrespective of the provision of services. Provision of

12  services may be evidenced by proof that services were provided

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

14  welfare agency.

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

16  state or federal correctional institution and either:

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

18  to be incarcerated will constitute a substantial portion of

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

20  years;

21         2.  The incarcerated parent has been determined by the

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

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

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

25  been convicted of first degree or second degree murder in

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

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

28  or has been convicted of an offense in another jurisdiction

29  which is substantially similar to one of the offenses listed

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

31  "substantially similar offense" means any offense that is

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  1  substantially similar in elements and penalties to one of

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

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

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

  5  or territory thereof, or any foreign jurisdiction; or

  6         3.  The court determines by clear and convincing

  7  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

16  substantially comply for a period of 12 months after an

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

18  placement into shelter care, whichever came first, constitutes

19  evidence of continuing abuse, neglect, or abandonment unless

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

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

22  the failure of the department to make reasonable efforts to

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

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

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

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

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

28  reunification with the parent, whichever came first.

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

30  conduct or had the opportunity and capability to prevent and

31  knowingly failed to prevent egregious conduct that threatens

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

  2  the child or the child's sibling.

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

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

  5  parent or parents regardless of whether the child is related

  6  legally or by consanguinity.

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

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

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

10  or outrageous by a normal standard of conduct. Egregious

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

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

13  endanger the life of the child.

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

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

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

17  chronic abuse.

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

19  or voluntary manslaughter of another child, or a felony

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

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

22  solicited to commit such a murder or voluntary manslaughter or

23  felony assault.

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

25  sibling have been terminated involuntarily.

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

27  Florida Statutes, are amended to read:

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

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

30  and the court finds that the grounds for termination of

31  parental rights have been established by clear and convincing

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

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

  3  for the purpose of adoption.

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

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

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

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

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

  9  identifies the permanency goal for the child. Reasonable

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

11  accordance with the permanency plan and to complete whatever

12  steps are necessary to finalize the permanent placement of the

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

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

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

16  intervals to review the progress being made toward permanency

17  for the child.

18         Section 5.  Section 39.812, Florida Statutes, is

19  amended to read:

20         39.812  Postdisposition relief; petition for

21  adoption.--

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

23  department which is given custody of a child for subsequent

24  adoption in accordance with this chapter, the department may

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

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

27  family home for prospective subsequent adoption., and the

28  licensed child-placing agency or The department may thereafter

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

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

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

  2  shall in all cases be sufficient.

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

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

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

  6  any time after the order terminating parental rights is

  7  entered of the whereabouts of the child or of the identity or

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

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

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

11  other proceeding involving the child brought by any parent of

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

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

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

15  the child before a court of competent jurisdiction if the

16  child is still subject to the guardianship of the licensed

17  child-placing agency or department.

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

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

20  licensed child-placing agency or department to guardianship of

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

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

23  the person of the child.

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

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

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

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

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

29  court has jurisdiction for the purpose of reviewing the status

30  of the child and the progress being made toward permanent

31  adoptive placement. As part of this continuing jurisdiction,

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

  2  the court may review the appropriateness of the adoptive

  3  placement of the child.

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

  5  division of the circuit court which entered the judgment

  6  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

13  if such information is available or readily obtainable. The

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

15  adoption until the judgment terminating parental rights

16  becomes final. An adoption proceeding under this subsection is

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

18         Section 6.  Section 63.022, Florida Statutes, is

19  amended to read:

20         63.022  Legislative intent.--

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

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

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

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

25  possible, to maintain sibling groups.

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

27  this chapter act are that:

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

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

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

31  court.

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

  2  court considers the reports of these studies prior to judgment

  3  on adoption petitions.

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

  5  to the Department of Children and Family Services.

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

  7  the minor child has lived within the proposed adoptive home

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

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

10  agency.

11         (f)  All expenditures by adoption entities

12  intermediaries placing, and persons independently adopting, a

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

14  in the file of the adoption proceedings.

15         (g)  Social and medical information concerning the

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

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

18  hearing on a petition to terminate parental rights pending

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

20  intermediary.

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

22  the adoption judgment.

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

24  authorized to order temporary substitute care when it

25  determines that the minor is in an unsuitable home.

26         (j)  The records of all proceedings concerning custody

27  and adoption of a minor children are confidential and exempt

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

29  63.162.

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

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

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  1  safeguards, guidance, counseling, and supervision required in

  2  this chapter an intermediary adoption as they receive in an

  3  agency or department adoption.

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

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

  6  orders as it deems necessary and suitable to promote and

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

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

  9  where termination of parental rights occurs, and siblings are

10  separated despite diligent efforts of the department,

11  continuing postadoption communication or contact among the

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

13  best interests of the children.

14         Section 7.  Section 63.032, Florida Statutes, is

15  amended to read:

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

17  unless the context otherwise requires, the term:

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

19  parent or person having legal custody legal custodian of a

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

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

22  which situation is sufficient to evince a willful rejection of

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

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

25  child legal custodian to support and communicate with the

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

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

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

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

30  mother during her pregnancy.

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

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

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

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

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

  6  child born to such adoptive parents in lawful wedlock.

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

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

  9  intermediary.

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

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

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

13  minors for adoption.

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

15  birth or adoption.

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

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

18  empowered to grant petitions for adoption.

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

20  and Family Services.

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

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

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

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

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

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

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

28  39.01.

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

30  years.

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

  2  39.01.

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

  4  corporation, government or governmental subdivision or agency,

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

  6  and any other legal entity.

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

  8  39.01.

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

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

11  parents receiving and adopting the child, and includes all

12  actions by any person or adoption entity agency participating

13  in the process.

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

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

16  residence and place of employment in Florida."

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

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

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

20  future or military personnel who designate Florida as their

21  place of residence in accordance with the Soldiers' and

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

23  States Department of State living in a foreign country who

24  designate Florida as their place of residence.

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

26  includes the fitness of the intended placement, with primary

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

28  fitness and capabilities of the adoptive parent or parents to

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

30  familial relationship between the child and the prospective

31

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

  2  which the child is intended to be placed.

  3         Section 8.  Section 63.037, Florida Statutes, is

  4  created to read:

  5         63.037  Proceedings applicable to cases resulting from

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

  7  which a minor becomes available for adoption after the

  8  parental rights of each parent have been terminated by a

  9  judgment entered pursuant to chapter 39 shall be governed by

10  s. 39.812 and this chapter. Adoption proceedings initiated

11  under chapter 39 are exempt from the following provisions of

12  this chapter: disclosure requirements for the adoption entity

13  provided in s. 63.085; general provisions governing

14  termination of parental rights pending adoption provided in s.

15  63.087; notice and service provisions governing termination of

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

17  procedures for terminating parental rights pending adoption

18  provided in s. 63.089.

19         Section 9.  Section 63.039, Florida Statutes, is

20  created to read:

21         63.039  Duty of adoption entity to prospective adoptive

22  parents; sanctions.--

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

24  has an affirmative duty to follow the requirements of this

25  chapter and specifically the following provisions, which

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

27  and their parents and prospective adoptive parents by

28  promoting certainty, finality, and permanency for such

29  persons. The adoption entity must:

30

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  1         (a)  Provide written initial disclosure to the

  2  prospective adoptive parent at the time and in the manner

  3  required under s. 63.085.

  4         (b)  Provide written initial and postbirth disclosure

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

  6  63.085.

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

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

  9  under s. 63.082.

10         (d)  When a written consent or affidavit of

11  nonpaternity for adoption is obtained, obtain a consent to

12  adoption or affidavit of nonpaternity that contains the

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

14         (e)  Include in the petition to terminate parental

15  rights pending adoption all information required under s.

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

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

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

19  orally in the presence of the court.

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

21  adoption is necessary under this chapter is known but the

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

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

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

25  terminate parental rights pending adoption at the time and in

26  the manner required by s. 63.088.

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

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

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

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

31  whose rights are to be terminated resides.

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

  2  nonpaternity taken under this chapter was obtained by fraud or

  3  under duress attributable to the adoption entity, the court

  4  must award all sums paid by the prospective adoptive parents

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

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

  7  fees and costs incurred by the prospective adoptive parents in

  8  connection with the adoption and any litigation related to

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

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

11  person whose consent or affidavit was obtained by fraud or

12  under duress. Any award under this subsection to the

13  prospective adoptive parents or to the person whose consent or

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

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

16  insurance carrier on behalf of the adoption entity.

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

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

19  judgment terminating parental rights pending adoption or a

20  judgment of adoption, the court must award a reasonable

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

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

23  applicable insurance carrier on behalf of the adoption entity

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

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

26  prevailing party.

27         (4)  The court must forward to:

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

29  under this section against an attorney acting as an adoption

30  entity;

31

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

  2  order that imposes sanctions under this section against a

  3  licensed child-placing agency or a child-placing agency

  4  licensed in another state which is qualified by the

  5  department; and

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

  7  child-caring agencies any order that imposes sanctions under

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

  9  409.176.

10

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

12  the order was issued.

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

14  Statutes, is amended to read:

15         63.0425  Grandparent's right to adopt.--

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

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

18  agency or intermediary handling the adoption shall notify that

19  grandparent of the impending adoption before the petition for

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

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

22  adoption to that grandparent.

23         Section 11.  Section 63.0427, Florida Statutes, is

24  amended to read:

25         63.0427  Adopted minor's right to continued

26  communication or contact with siblings.--

27         (1)  A child whose parents have had their parental

28  rights terminated and whose custody has been awarded to the

29  department pursuant to s. 39.811, and who is the subject of a

30  petition for adoption under this chapter, shall have the right

31  to have the court consider the appropriateness of postadoption

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  1  communication or contact, including, but not limited to,

  2  visits, letters and cards, or telephone calls, with his or her

  3  siblings or, upon agreement of the adoptive parents, other

  4  specified biological relatives who are not included in the

  5  petition for adoption.  The court shall determine if the best

  6  interests of the child support such continued communication or

  7  contact and shall consider the following in making such

  8  determination:

  9         (a)  Any orders of the court pursuant to s. 39.811(7).

10         (b)  Recommendations of the department, the foster

11  parents if other than the adoptive parents, and the guardian

12  ad litem.

13         (c)  Statements of prospective adoptive parents.

14         (d)  Any other information deemed relevant and material

15  by the court.

16

17  If the court determines that the child's best interests will

18  be served by postadoption communication or contact with any

19  sibling or, upon agreement of the adoptive parents, other

20  specific biological relatives, the court shall so order,

21  stating the nature and frequency for the communication or

22  contact. This order shall be made a part of the final adoption

23  order, but in no event shall continuing validity of the

24  adoption be contingent upon such postadoption communication or

25  contact, nor shall the ability of the adoptive parents and

26  child to change residence within or outside the State of

27  Florida be impaired by such communication or contact.

28         (2)  Notwithstanding the provisions of s. 63.162, the

29  adoptive parent may petition for review at any time of sibling

30  communication or contact with siblings or biological relatives

31  ordered pursuant to subsection (1), if the adoptive parent

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  1  believes that the best interests of the adopted child are

  2  being compromised, and the court shall have authority to order

  3  the communication or contact to be terminated, or to order

  4  such conditions in regard to communication or contact as the

  5  court deems to be in the best interests of the adopted child.

  6  As part of the review process, the court may order the parties

  7  to engage in mediation.  The department shall not be required

  8  to be a party to such review.

  9         Section 12.  Section 63.052, Florida Statutes, is

10  amended to read:

11         63.052  Guardians designated; proof of commitment.--

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

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

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

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

16  for those who have been placed for adoption with and

17  permanently committed to the department, the department shall

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

19         (2)  For minors who have been voluntarily surrendered

20  to an intermediary through an execution of consent to

21  adoption, the intermediary shall be responsible for the minor

22  child until the time a court orders preliminary approval of

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

24  at which time the prospective adoptive parents become

25  guardians pending finalization of adoption. Until a court has

26  terminated parental rights pending adoption and has ordered

27  preliminary approval of placement of the minor in the adoptive

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

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

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

31  placed in a prospective adoptive home until that home has

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  1  received a favorable preliminary home study by a licensed

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

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

  4  in the prospective home. Temporary placement in the

  5  prospective home with the prospective adoptive parents does

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

  7  parents will subsequently be terminated.

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

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

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

11  responsibility and authority to provide for the needs and

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

13  with or voluntarily surrendered to the department, but not

14  permanently committed to the department, the department shall

15  have the responsibility and authority to provide for the needs

16  and welfare for such minors.  The adoption entity may

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

18  agency has the authority to authorize all appropriate medical

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

20  adoption with or voluntarily surrendered to the adoption

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

22  effect notwithstanding the guardianship provisions in this

23  section.

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

25  subsequent adoption and a suitable prospective adoptive home

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

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

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

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

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

31

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  1  intermediary shall be responsible for the child until such a

  2  suitable prospective adoptive home is available.

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

  4  adoption entity intermediary for subsequent adoption and the

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

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

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

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

  9  best interest of the minor child.

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

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

12  permanently committed to the department shall be prima facie

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

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

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

16  agency that the minor child has been permanently committed and

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

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

19  license.

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

21  is not responsible for expenses incurred by other adoption

22  entities licensed child-placing agencies or intermediaries

23  participating in placement of a minor child for the purposes

24  of adoption.

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

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

27  minor is placed with an adoption entity or prospective

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

29  and the progress toward permanent adoptive placement. As part

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

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

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  1  63.062, the adoption entity, the parents, persons having legal

  2  custody of the minor, persons with custodial or visitation

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

  4  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

  6  review the appropriateness of the adoptive placement of the

  7  minor.

  8         Section 13.  Section 63.062, Florida Statutes, is

  9  amended to read:

10         63.062  Persons required to consent to adoption;

11  affidavit of nonpaternity; waiver of venue.--

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

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

14  a petition to terminate parental rights pending adoption adopt

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

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

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

18         (a)  The mother of the minor.

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

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

21  was married to the mother;.

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

23         3.  The minor has been established by court proceeding

24  to be his child.

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

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

27  scientific tests that are generally acceptable within the

28  scientific community to show a probability of paternity.

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

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

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

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  1         1.4.  He Has acknowledged in writing, signed in the

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

  3  minor and has filed such acknowledgment with the Office of

  4  Vital Statistics of the Department of Health;.

  5         2.5.  He Has provided, or has attempted to provide, the

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

  7  repetitive, customary manner; or.

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

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

10  action to terminate parental rights pending adoption pursuant

11  to this chapter.

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

13  proceeding in which paternity, custody, or termination of

14  parental rights regarding the minor is at issue.

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

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

17  minor's consent.

18         (g)  Any father who has provided, or has attempted to

19  provide, the child or the mother during her pregnancy with

20  support in a repetitive, customary manner, if consent has been

21  obtained under paragraph (1)(a) or subparagraph (1)(b)1.

22         (2)  Any person whose consent is required under

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

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

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

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

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

28  receive disclosure under s. 63.085 prior to signing the

29  affidavit.

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

31  affidavit of nonpaternity must be given reasonable notice of

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

  2  employment, professional, or personal relationship with the

  3  adoption entity or the prospective adoptive parents to be

  4  present when the consent to adoption or affidavit of

  5  nonpaternity is executed and to sign the consent or affidavit

  6  as a witness.

  7         (4)  An affidavit of nonpaternity must be in

  8  substantially the following form:

  9

10                    AFFIDAVIT OF NONPATERNITY

11

12              1.  I have personal knowledge of the facts

13         stated in this affidavit.

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

15         child. I shall not establish or claim paternity

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

17         date of birth is ....

18              3.  The child referenced in this affidavit

19         was not conceived or born while the birth

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

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

22         birth mother.

23              4.  With respect to the child referenced

24         in this affidavit, I have not provided the

25         birth mother with child support or prebirth

26         support; I have not provided her with prenatal

27         care or assisted her with medical expenses; I

28         have not provided the birth mother or her child

29         or unborn child with support of any kind, nor

30         do I intend to do so.

31

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  1              5.  I have no interest in assuming the

  2         responsibilities of parenthood for this child.

  3         I will not acknowledge in writing that I am the

  4         father of this child nor institute court

  5         proceedings to establish the child as mine.

  6              6.  I do not object to any decision or

  7         arrangements .... makes regarding this child,

  8         including adoption.

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

10         a 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.

15

16         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

17         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

18         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

19

20         (5)(2)  The court may require that consent be executed

21  by:

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

23  minor; or

24         (b)  The court having jurisdiction to determine custody

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

26  minor has no authority to consent to the adoption.

27         (6)(3)  The petitioner must make good faith and

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

29  obtain written consent from, the persons required to consent

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

31  petition. These efforts may include conducting interviews and

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  1  record searches to locate those persons, including verifying

  2  information related to location of residence, employment,

  3  service in the Armed Forces, vehicle registration in this

  4  state, and corrections records.

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

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

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

  8  department with which the minor child has been placed for

  9  subsequent adoption may provide consent to the adoption.  In

10  such case, no other consent is required.

11         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

17  provided in this chapter section.

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

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

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

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

22  must obtain, from any party executing an affidavit of

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

24  filed with the petition and must be in substantially the

25  following form:

26

27                         WAIVER OF VENUE

28

29         I understand that I have the right to require

30         that the Petition to terminate my parental

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

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  1         waive such right so that the Petition to

  2         Terminate Parental Rights may be filed by

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

  4         county, Florida.

  5

  6         I understand that, after signing this waiver, I

  7         may object to the county where the proceedings

  8         to terminate my parental rights will be held by

  9         appearing at the hearing or by filing a written

10         objection, on the attached form, with the Clerk

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

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

13         of venue, the case will be transferred to a

14         county in Florida in which I reside if I intend

15         to assert legally recognized grounds to contest

16         a termination of parental rights. If I have no

17         such residence, the case will be transferred to

18         a county where another parent resides or where

19         at least one parent resided at the time of

20         signing a consent or affidavit of nonpaternity.

21

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

23  containing no consents, disclosures, or other information

24  unrelated to venue.

25         2.  Adoption entities must attach to the waiver of

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

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

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

29  termination of parental rights and information identifying the

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

31  the form upon receipt.

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

  2  entity knows that a parent whose rights will be terminated

  3  intends to object to the termination but intentionally files

  4  the petition for termination of parental rights in a county

  5  which is not consistent with the required venue under such

  6  circumstances, the adoption entity shall be responsible for

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

  8  venue.

  9         Section 14.  Section 63.082, Florida Statutes, is

10  amended to read:

11         63.082  Execution of consent to adoption or affidavit

12  of nonpaternity; family social and medical history; withdrawal

13  of consent.--

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

15  nonpaternity shall be executed as follows:

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

17  statement in the presence of the court or by being

18  acknowledged before a notary public.

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

20  representative.

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

22  court or by affidavit.

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

24  certificate of the court.

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

26  the adopting parent is valid if the consent contains a

27  statement by the person consenting that the consent was

28  voluntarily executed and that identification of the adopting

29  parent is not required for granting the consent.

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

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

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

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

  3  the forms promulgated by the department completed by the birth

  4  parents must be attached to the petition to terminate parental

  5  rights pending adoption and must contain such biological and

  6  sociological information, or such information as to the family

  7  medical history, regarding the minor child and the birth

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

  9  must be incorporated into the final home investigation report

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

11  require that the birth mother be interviewed by a

12  representative of the department, a licensed child-placing

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

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

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

16  statement that the parent is unlocated or unidentified, must

17  be filed with the petition to terminate parental rights

18  pending adoption and included in the final home investigation

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

20  the court for good cause.

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

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

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

24  must be attached to the petition to terminate parental rights

25  pending adoption and must be accompanied by a family medical

26  history that includes such information concerning the medical

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

28  readily obtainable.

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

30  history is unavailable because the person whose consent is

31  required cannot be located or identified, the petition to

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  1  terminate parental rights pending adoption must be accompanied

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

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

  4  nonpaternity shall not for voluntary surrender must be

  5  executed before after the birth of the minor.

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

  7  placed for adoption with identified prospective adoptive

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

  9  licensed hospital or birth center following birth, shall not

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

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

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

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

14  whichever is earlier. A consent executed under this paragraph

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

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

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

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

19  applies.

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

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

22  hospital or birth center following birth, the consent to

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

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

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

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

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

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

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

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

31  prospective adoptive parents. The revocation period provided

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

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

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

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

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

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

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

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

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

10  business addresses and social security numbers, driver's

11  license numbers, or state identification card numbers must be

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

13  license number, or state identification card number shall not

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

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

16  the witnesses be an individual who does not have an

17  employment, professional, or personal relationship with the

18  adoption entity or the prospective adoptive parents. The

19  adoption entity must give reasonable notice to the person

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

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

22  consent or affidavit must acknowledge in writing on the

23  consent or affidavit that such notice was given and indicate

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

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

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

27  or affidavit of nonpaternity.

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

29  16-point boldfaced type, an acknowledgment of the parent's

30  rights in substantially the following form:

31

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  1                       CONSENT TO ADOPTION

  2

  3         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

  4         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

  5         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

  6         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

  7         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

  9         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

10         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

11         OR WITNESSES YOU SELECTED, IF ANY.

12

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

14         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

15         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

16

17              1.  CONSULT WITH AN ATTORNEY;

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

19              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

20         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

21         WILLING TO CARE FOR THE CHILD;

22              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

23         LEGALLY PROHIBITED; AND

24              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

25         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

26         THROUGH WITH THE ADOPTION.

27

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

29         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

30         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

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  1         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

  2         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

  3         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

  4         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

  5         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

  6         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

  7         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

  8         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

10         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

11         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

12         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

13         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

14         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

15         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

16

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

18         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

19         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

20         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

21         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

22         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

24         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

25         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

26         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

27         TO THE PLACEMENT OF THE CHILD WITH THE

28         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

29         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

30         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

31         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

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  1         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

  2         LATER.

  3

  4         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

  5         PERIOD, YOU MUST:

  6              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

  7         A LETTER, THAT YOU ARE WITHDRAWING YOUR

  8         CONSENT.

  9              2.  MAIL THE LETTER AT A UNITED STATES

10         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

11         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

12         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

13         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

14         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

15         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

16         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

17              3.  SEND THE LETTER BY CERTIFIED UNITED

18         STATES MAIL WITH RETURN RECEIPT REQUESTED.

19              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

20         THE LETTER.

21              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

22         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

23         MANNER.

24

25         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

26         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

27         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

28         IN WRITING BY CERTIFIED UNITED STATES MAIL,

29         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

31

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

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

  3

  4         ONCE THE REVOCATION PERIOD IS OVER, OR THE

  5         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

  6         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

  7         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

  8         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

  9         FRAUD OR UNDER DURESS.

10

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

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

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

14  be met.

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

16  termination of parental rights pending adoption must be

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

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

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

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

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

22  provided as required in this subsection, the adoption entity

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

24  is undeliverable. The original consent and acknowledgment of

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

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

27  undeliverable must be filed with the petition for termination

28  of parental rights pending adoption.

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

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

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

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  1  notifying the adoption entity in writing by certified United

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

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

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

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

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

  7  which the United States Postal Service accepts certified mail

  8  for delivery.

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

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

11  adoption entity must contact the prospective adoptive parent

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

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

14  emergency hearing by the adoption entity, the court determines

15  in written findings that placement of the minor with the

16  person withdrawing consent may endanger the minor.

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

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

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

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

21  is appropriate, whether an investigation by the department is

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

23  available for the temporary placement.

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

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

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

27  court may order scientific paternity testing and reserve

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

29  testing have been filed with the court.

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

31  days after notification of the withdrawal of consent or after

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  1  the court determines that withdrawal is valid and binding upon

  2  consideration of an emergency motion, as filed pursuant to

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

  4  withdrawing consent.

  5         (f)  Following the revocation period for withdrawal of

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

  7  child with the prospective adoptive parents, whichever occurs

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

  9  the consent was obtained by fraud or under duress.

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

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

12  under duress.

13         Section 15.  Section 63.085, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

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

17         63.085  Disclosure by adoption entity.--

18         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

21  for adoption contacts an adoption entity in person or provides

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

23  provide a written disclosure statement to that person if the

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

25  adoption entity is assisting in the effort to terminate the

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

27  with the adoption entity, the written disclosure must be

28  provided within 7 days after that parent is identified and

29  located. A person is considered to be seeking to place a minor

30  for adoption for purposes of providing the disclosure to that

31  person under this section when that person has sought

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  1  information or advice from the adoption entity regarding the

  2  option of adoptive placement. The written disclosure statement

  3  must be in substantially the following form:

  4

  5                       ADOPTION DISCLOSURE

  6

  7         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

  8         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

  9         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

10         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

11         ADOPTION UNDER FLORIDA LAW:

12

13              1.  Under section 63.102, Florida

14         Statutes, the existence of a placement or

15         adoption contract signed by the parent or

16         prospective adoptive parent, prior approval of

17         that contract by the court, or payment of any

18         expenses permitted under Florida law does not

19         obligate anyone to sign a consent or ultimately

20         place a minor for adoption.

21              2.  Under sections 63.092 and 63.125,

22         Florida Statutes, a favorable preliminary home

23         study, before the minor may be placed in that

24         home, and a final home investigation, before

25         the adoption becomes final, must be completed.

26              3.  Under section 63.082, Florida

27         Statutes, a consent to adoption or affidavit of

28         nonpaternity may not be signed until after the

29         birth of the minor.

30              4.  Under section 63.082, Florida

31         Statutes, if the minor is to be placed for

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  1         adoption with identified prospective adoptive

  2         parents upon release from a licensed hospital

  3         or birth center following birth, the consent to

  4         adoption may not be signed until 48 hours after

  5         birth or until the day the birth mother has

  6         been notified in writing, either on her patient

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

  8         be released from the licensed hospital or birth

  9         center, whichever is sooner. The consent to

10         adoption or affidavit of nonpaternity is valid

11         and binding upon execution unless the court

12         finds it was obtained by fraud or under duress.

13              5.  Under section 63.082, Florida

14         Statutes, if the minor is not placed for

15         adoption with the prospective adoptive parent

16         upon release from the hospital or birth center

17         following birth, a 3-day revocation period

18         applies during which consent may be withdrawn

19         for any reason by notifying the adoption entity

20         in writing. In order to withdraw consent, the

21         written withdrawal of consent must be mailed at

22         a United States Post Office no later than 3

23         business days after execution of the consent or

24         1 business day after the date of the birth

25         mother's discharge from a licensed hospital or

26         birth center, whichever occurs later. For

27         purposes of mailing the withdrawal of consent,

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

29         the United States Postal Service accepts

30         certified mail for delivery. The letter must be

31         sent by certified United States mail, return

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  1         receipt requested. Postal costs must be paid at

  2         the time of mailing and the receipt should be

  3         retained as proof that consent was withdrawn in

  4         a timely manner.

  5              6.  Under section 63.082, Florida

  6         Statutes, and notwithstanding the revocation

  7         period, the consent may be withdrawn at any

  8         time prior to the placement of the child with

  9         the prospective adoptive parent, by notifying

10         the adoption entity in writing by certified

11         United States mail, return receipt requested. 

12              7.  Under section 63.082, Florida

13         Statutes, if an adoption entity timely receives

14         written notice from a person of that person's

15         desire to withdraw consent, the adoption entity

16         must contact the prospective adoptive parent to

17         arrange a time certain to regain physical

18         custody of the child. Absent a court order for

19         continued placement of the child entered under

20         section 63.082, Florida Statutes, the adoption

21         entity must return the minor within 3 days

22         after notification of the withdrawal of consent

23         to the physical custody of the person

24         withdrawing consent. After the revocation

25         period for withdrawal of consent ends, or after

26         the placement of the child with prospective

27         adoptive parent, whichever occurs later, the

28         consent may be withdrawn only if the court

29         finds that the consent was obtained by fraud or

30         under duress.

31

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  1              8.  Under section 63.082, Florida

  2         Statutes, an affidavit of nonpaternity, once

  3         executed, may be withdrawn only if the court

  4         finds that it was obtained by fraud or under

  5         duress.

  6              9.  Under section 63.082, Florida

  7         Statutes, a person who signs a consent to

  8         adoption or an affidavit of nonpaternity must

  9         be given reasonable notice of his or her right

10         to select a person who does not have an

11         employment, professional, or personal

12         relationship with the adoption entity or the

13         prospective adoptive parents to be present when

14         the consent or affidavit is executed and to

15         sign the consent or affidavit as a witness.

16              10.  Under section 63.088, Florida

17         Statutes, specific and extensive efforts are

18         required by law to attempt to obtain the

19         consents required under section 63.062, Florida

20         Statutes. If these efforts are unsuccessful,

21         the court may not enter a judgment terminating

22         parental rights pending adoption until certain

23         requirements have been met.

24              11.  Under Florida law, an intermediary

25         may represent the legal interests of only the

26         prospective adoptive parents. Each person whose

27         consent to an adoption is required under

28         section 63.062, Florida Statutes, is entitled

29         to seek independent legal advice and

30         representation before signing any document or

31         surrendering parental rights.

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  1              12.  Under section 63.182, Florida

  2         Statutes, an action or proceeding of any kind

  3         to vacate, set aside, or otherwise nullify a

  4         judgment of adoption or an underlying judgment

  5         terminating parental rights pending adoption,

  6         on any ground, including duress but excluding

  7         fraud, must be filed within 1 year after entry

  8         of the judgment terminating parental rights

  9         pending adoption. Such an action or proceeding

10         for fraud must be filed within 2 years after

11         entry of the judgment terminating parental

12         rights.

13              13.  Under section 63.089, Florida

14         Statutes, a judgment terminating parental

15         rights pending adoption is voidable and any

16         later judgment of adoption of that minor is

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

18         court finds that any person knowingly gave

19         false information that prevented the parent

20         from timely making known his or her desire to

21         assume parental responsibilities toward the

22         minor or to exercise his or her parental

23         rights. The motion must be filed with the court

24         that originally entered the judgment. The

25         motion must be filed within a reasonable time,

26         but not later than 2 years after the date the

27         judgment to which the motion is directed was

28         entered.

29              14.  Under section 63.165, Florida

30         Statutes, the State of Florida maintains a

31         registry of adoption information. Information

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  1         about the registry is available from the

  2         Department of Children and Family Services.

  3              15.  Under section 63.032, Florida

  4         Statutes, a court may find that a parent has

  5         abandoned his or her child based on conduct

  6         during the pregnancy or based on conduct after

  7         the child is born. In addition, under section

  8         63.089, Florida Statutes, the failure of a

  9         parent to respond to notices of proceedings

10         involving his or her child shall result in

11         termination of parental rights of a parent. A

12         lawyer can explain what a parent must do to

13         protect his or her parental rights. Any parent

14         wishing to protect his or her parental rights

15         should act IMMEDIATELY.

16              16.  Each parent and prospective adoptive

17         parent is entitled to independent legal advice

18         and representation. Attorney information may be

19         obtained from the yellow pages, The Florida

20         Bar's lawyer referral service, and local legal

21         aid offices and bar associations.

22              17.  Counseling services may be helpful

23         while making a parenting decision. Consult the

24         yellow pages of the telephone directory.

25              18.  Medical and social services support

26         is available if the parent wishes to retain

27         parental rights and responsibilities. Consult

28         the Department of Children and Family Services.

29              19.  Under section 63.039, Florida

30         Statutes, an adoption entity has certain legal

31         responsibilities and may be liable for damages

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  1         to persons whose consent to an adoption is

  2         required or to prospective adoptive parents for

  3         failing to materially meet those

  4         responsibilities. Damages may also be recovered

  5         from an adoption entity if a consent to

  6         adoption or affidavit of nonpaternity is

  7         obtained by fraud or under duress attributable

  8         to an adoption entity.

  9              20.  Under section 63.097, Florida

10         Statutes, reasonable living expenses of the

11         birth mother may be paid by the prospective

12         adoptive parents and the adoption entity only

13         if the birth mother is unable to pay due to

14         unemployment, underemployment, or disability.

15         The law also allows payment of reasonable and

16         necessary medical expenses, expenses necessary

17         to comply with the requirements of chapter 63,

18         Florida Statutes, court filing expenses, and

19         costs associated with advertising. Certain

20         documented legal, counseling, and other

21         professional fees may be paid. Prior approval

22         of the court is not required until the

23         cumulative total of amounts permitted exceeds

24         $2,500 in legal or other fees, $500 in court

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

26         cumulative expenses incurred prior to the date

27         the prospective adoptive parent retains the

28         adoption entity. The following fees, costs, and

29         expenses are prohibited:

30              a.  Any fee or expense that constitutes

31         payment for locating a minor for adoption.

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  1              b.  Any lump-sum payment to the entity

  2         which is nonrefundable directly to the payor or

  3         which is not itemized on the affidavit.

  4              c.  Any fee on the affidavit which does

  5         not specify the service that was provided and

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

  7         fee for facilitation or acquisition.

  8

  9         The court may reduce amounts charged or refund

10         amounts that have been paid if it finds that

11         these amounts were more than what was

12         reasonable or allowed under the law.

13              21.  Under section 63.132, Florida

14         Statutes, the adoption entity and the

15         prospective adoptive parents must sign and file

16         with the court a written statement under oath

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

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

19         prospective adoptive parents and any adoption

20         entity in connection with the adoption. The

21         affidavit must state whether any of the

22         expenses were eligible to be paid for by any

23         other source.

24              22.  Under section 63.132, Florida

25         Statutes, the court order approving the money

26         spent on the adoption must be separate from the

27         judgment making the adoption final. The court

28         may approve only certain costs and expenses

29         allowed under s. 63.097. The court may approve

30         only fees that are allowed under law and that

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

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

  2         adoption can be determined by reading sections

  3         63.097 and 63.132, Florida Statutes.

  4

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

  6  must obtain a written statement acknowledging receipt of the

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

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

  9  obtain such an acknowledgment, the adoption entity must

10  execute an affidavit stating why an acknowledgment could not

11  be obtained. If the disclosure was delivered by certified

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

13  signed by the person from whom acknowledgment is required is

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

15  of the acknowledgment of receipt of the disclosure must be

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

17  acknowledgment or affidavit executed by the adoption entity in

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

19  the adoption entity. The original acknowledgment or affidavit

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

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

22  affidavit must be included in the preliminary home study

23  required in s. 63.092.

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

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

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

27  making certain disclosures to a parent and obtaining a written

28  acknowledgment of receipt must be repeated.

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

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

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

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  1  affidavit of nonpaternity unless the extent and circumstances

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

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

  4  constitutes or contributes materially to fraud or duress in

  5  obtaining a consent to adoption or affidavit of nonpaternity.

  6         Section 16.  Section 63.087, Florida Statutes, is

  7  created to read:

  8         63.087  Proceeding to terminate parental rights pending

  9  adoption; general provisions.--

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

11  a court determine whether a minor is legally available for

12  adoption through a separate proceeding terminating parental

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

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

15  Procedure govern a proceeding to terminate parental rights

16  pending adoption unless otherwise provided by law.

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

18  competent to decide child welfare or custody matters has

19  jurisdiction to hear all matters arising from a proceeding to

20  terminate parental rights pending adoption. All subsequent

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

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

23  who conducted the termination proceedings, if that judge is

24  still available within the division of the court which

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

26  unavailable, by another judge within the division.

27         (4)  VENUE.--

28         (a)  A petition to terminate parental rights pending

29  adoption must be filed:

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

31  previous 6 months;

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

  2  not continuously resided in one county for the previous 6

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

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

  5  nonpaternity;

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

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

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

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

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

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

12  the time of execution of the consent or affidavit of

13  nonpaternity; or

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

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

16  resides.

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

18  the county where the adoption entity is located.

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

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

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

22  shall determine whether that parent intends to assert legally

23  recognized grounds to contest a termination of parental rights

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

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

26  or, if not, a county where:

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

28  terminated resides;

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

30  execution of a consent or affidavit of nonpaternity; or

31

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  1         3.  The adoption entity is located if neither

  2  subparagraph 1. nor subparagraph 2. applies.

  3

  4  The court shall consider for purposes of selecting venue the

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

  6  contest a termination of parental rights. For purposes of the

  7  hearing under this subsection, witnesses located in another

  8  jurisdiction may testify by deposition or testify by

  9  telephone, audiovisual means, or other electronic means before

10  a designated court or at another location. Documentary

11  evidence transmitted from another location by technological

12  means that does not produce an original writing may not be

13  excluded from evidence on an objection based on the means of

14  transmission. The court on its own motion may otherwise

15  prescribe the manner in which and the terms upon which the

16  testimony is taken.

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

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

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

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

21  judge signed the judgment terminating parental rights pending

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

23  the minor has been the subject of a judgment terminating

24  parental rights under chapter 39.

25         (6)  PETITION.--

26         (a)  A proceeding seeking to terminate parental rights

27  pending adoption pursuant to this chapter must be initiated by

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

29  minor.

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

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

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

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

  3  63.082 consents in writing to the entity filing the petition.

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

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

  6  the Termination of Parental Rights for the Proposed Adoption

  7  of a Minor Child."

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

  9  consolidated with a previously filed petition for a

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

11  fee may be assessed for both the termination of parental

12  rights and declaratory-statement petitions. 

13         (e)  The petition to terminate parental rights pending

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

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

16  petition. A written consent to adoption, affidavit of

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

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

19  63.062, must be executed and attached.

20         (f)  The petition must include:

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

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

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

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

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

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

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

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

29  Child Custody Jurisdiction Act or the Indian Child Welfare

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

31

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

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

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

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

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

  6  which that city is located.

  7         3.  Unless a consent to adoption or affidavit of

  8  nonpaternity executed by each person whose consent is required

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

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

11  that city is located, of:

12         a.  The minor's mother;

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

14  the minor's father; and

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

16  39.01, of the minor.

17

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

19  so state.

20         4.  All information required by the Uniform Child

21  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

23  which the petition is based.

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

25  adoption entity seeking to place the minor for adoption.

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

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

28  filed.

29         8.  A certification of compliance with the requirements

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

31  adoption.

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

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

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

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

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

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

  7  petition constitutes grounds upon which the court may

  8  terminate parental rights. Notwithstanding the filing of any

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

10  terminate parental rights pending adoption whose consent to

11  adoption is required under s. 63.062 must:

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

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

14  person may consult with an attorney;

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

16  the petition; and

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

18  of any consent or affidavit of nonpaternity signed by any

19  person.

20         Section 17.  Section 63.088, Florida Statutes, is

21  created to read:

22         63.088  Proceeding to terminate parental rights pending

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

24         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

27  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

  3  the person seeking to place a minor for adoption.

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

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

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

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

  8  not executed an affidavit of nonpaternity and whose location

  9  and identity have been determined by compliance with the

10  procedures in this section, must be personally served,

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

12  with a copy of the petition to terminate parental rights

13  pending adoption and with notice in substantially the

14  following form:

15

16                  NOTICE OF PETITION AND HEARING

17          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

18

19         A petition to terminate parental rights pending

20         adoption has been filed. A copy of the petition

21         is being served with this notice. There will be

22         a hearing on the petition to terminate parental

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

24         ... (time) ... before ... (judge) ... at ...

25         (location, including complete name and street

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

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

28         hearing. If you executed a consent to adoption

29         or an affidavit of nonpaternity and a waiver of

30         venue, you have the right to request that the

31         termination of parental rights hearing be

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  1         transferred to the county in which you reside.

  2         You may object by appearing at the hearing or

  3         filing a written objection with the court.

  4

  5         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

  6         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

  7         THE COURT OR TO APPEAR AT THIS HEARING

  8         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

  9         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

10         THE MINOR CHILD.

11

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

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

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

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

16  hearing and likely to have the following information regarding

17  the identity of:

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

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

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

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

22  the father of the minor;

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

24  time when conception of the minor may have occurred;

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

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

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

28  pregnancy;

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

30  the birth certificate of the minor or in connection with

31  applying for or receiving public assistance;

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  1         (f)  Any person who has acknowledged or claimed

  2  paternity of the minor; and

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

  4  the father.

  5

  6  The information required under this subsection may be provided

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

  8  having personal knowledge of the facts, addressing each

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

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

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

12  required under this subsection may be conducted before the

13  birth of the minor.

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

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

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

17  not executed a consent to adoption or an affidavit of

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

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

20  diligent search for that person which must include inquiries

21  concerning:

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

23  address, through an inquiry of the United States Postal

24  Service through the Freedom of Information Act;

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

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

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

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

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

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

31

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

  2  funds have been mailed;

  3         (c)  Regulatory agencies, including those regulating

  4  licensing in the area where the person last resided;

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

  6  such can be reasonably obtained from the petitioner or other

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

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

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

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

11  sisters, aunts, uncles, cousins, nieces, nephews,

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

13  stepparents, and stepchildren;

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

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

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

17  last resided;

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

19  where the person last resided;

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

21  person last resided;

22         (i)  Department of Corrections records in the state

23  where the person last resided;

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

25  resided;

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

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

28  where the person last resided;

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

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

31

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

  2  the area where the person last resided;

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

  4  and

  5         (o)  Information held by all medical providers who

  6  rendered medical treatment or care to the birth mother and

  7  child, including the identity and location information of all

  8  persons listed by the mother as being financially responsible

  9  for the uninsured expenses of treatment or care and all

10  persons who made any such payments.

11

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

13  requesting information pursuant to this subsection must

14  release the requested information to the petitioner or

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

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

17  diligent search executed by the petitioner and the adoption

18  entity must be filed with the court confirming completion of

19  each aspect of the diligent search enumerated in this

20  subsection and specifying the results. The diligent search

21  required under this subsection may be conducted before the

22  birth of the minor.

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

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

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

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

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

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

29  to locate the person. The unlocated or unidentified person

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

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

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

  2  notice, in addition to all information required in the

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

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

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

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

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

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

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

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

11  subsection are unknown and cannot be reasonably ascertained,

12  the notice must so state.

13         Section 18.  Section 63.089, Florida Statutes, is

14  created to read:

15         63.089  Proceeding to terminate parental rights pending

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

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

18  pending adoption only after a full evidentiary hearing.

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

20  hearing only when:

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

22  required under s. 63.062:

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

24  filed with the court;

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

26  been executed and filed with the court; or

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

28  63.088;

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

30  under ss. 63.087 and 63.088:

31

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

  2  personal service and an affidavit of service has been filed

  3  with the court;

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

  5  of publication of constructive service and an affidavit of

  6  service has been filed with the court; or

  7         3.  An affidavit of nonpaternity which affirmatively

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

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

10         (d)  The petition contains all information required

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

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

13  obtained and filed with the court.

14         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

16  rights pending adoption if the court determines by clear and

17  convincing evidence, supported by written findings of fact,

18  that each person whose consent to adoption is required under

19  s. 63.062:

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

21  withdrawn under s. 63.082 and the consent was obtained

22  according to the requirements of this chapter;

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

24  affidavit was obtained according to the requirements of this

25  chapter;

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

27  in accordance with the requirements of this chapter and has

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

29  hearing resulting in the judgment terminating parental rights

30  pending adoption;

31

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

  2  in accordance with the requirements of this chapter and has

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

  4  minor as defined in s. 63.032;

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

  6  parent has been judicially declared incapacitated with

  7  restoration of competency found to be medically improbable;

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

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

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

11  after examination of his or her written reasons for

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

13  his or her consent unreasonably;

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

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

16  the court finds, after examining written reasons for the

17  withholding of consent, to be unreasonably withholding his or

18  her consent; or

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

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

21  the adoption is excused by reason of prolonged and unexplained

22  absence, unavailability, incapacity, or circumstances that are

23  found by the court to constitute unreasonable withholding of

24  consent.

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

26  resulting in a termination of parental rights must be based

27  upon clear and convincing evidence. A finding of abandonment

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

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

30  abuse to a birth mother during her pregnancy.

31

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

  2  hearing for termination of parental rights pursuant to this

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

  4  not inconsistent with this section:

  5         1.  Whether the actions alleged to constitute

  6  abandonment demonstrate a willful disregard for the safety or

  7  welfare of the child or unborn child;

  8         2.  Whether other persons prevented the person alleged

  9  to have abandoned the child from making the efforts referenced

10  in this subsection;

11         3.  Whether the person alleged to have abandoned the

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

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

14  child;

15         4.  Whether the person alleged to have abandoned the

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

17  when such payment was requested by the person having legal

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

19  insurance or other available sources;

20         5.  Whether the amount of support provided or medical

21  expenses paid was appropriate, taking into consideration the

22  needs of the child and relative means and resources available

23  to the person alleged to have abandoned the child and

24  available to the person having legal custody of the child

25  during the period the child allegedly was abandoned; and

26         6.  Whether the person having legal custody of the

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

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

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

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

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  1  events such as medical appointments and tests relating to the

  2  child or, if unborn, the pregnancy.

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

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

  5  or federal correctional institution and:

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

  7  to be incarcerated will constitute a substantial portion of

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

  9  years;

10         2.  The incarcerated parent has been determined by the

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

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

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

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

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

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

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

18  convicted of an offense in another jurisdiction which is

19  substantially similar to one of the offenses listed in this

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

21  similar offense" means any offense that is substantially

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

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

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

25  Columbia, the United States or any possession or territory

26  thereof, or any foreign jurisdiction; or

27         3.  The court determines by clear and convincing

28  evidence that continuing the parental relationship with the

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

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

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

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

  2  during pregnancy that the court may consider in determining

  3  whether the child has been abandoned is conduct that occurred

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

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

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

  7  be, the father of the child.

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

  9  court does not find by clear and convincing evidence that

10  parental rights of a parent should be terminated pending

11  adoption, the court must dismiss the petition with prejudice

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

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

14  must include written findings in support of the dismissal,

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

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

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

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

19  affidavit of nonpaternity that the court finds was obtained by

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

21  upon written findings providing for the placement of the

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

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

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

25  regarding the minor must be brought in a separate custody

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

27  or a paternity action under chapter 742.

28         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

29  ADOPTION.--

30

31

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  1         (a)  The judgment terminating parental rights pending

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

  3  the grounds for terminating parental rights pending adoption.

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

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

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

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

  8  certificate of each mailing.

  9         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

10  RIGHTS.--

11         (a)  A judgment terminating parental rights pending

12  adoption is voidable and any later judgment of adoption of

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

14  court finds that a person knowingly gave false information

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

16  desire to assume parental responsibilities toward the minor or

17  meeting the requirements under this chapter to exercise his or

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

19  filed with the court originally entering the judgment. The

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

21  than 2 years after the entry of the judgment terminating

22  parental rights.

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

24  under this subsection, the court must conduct a preliminary

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

26  between a parent and the child pending resolution of the

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

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

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

30  must be issued in writing as expeditiously as possible and

31

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  1  must state with specificity any provisions regarding contact

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

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

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

  5  scientific testing to determine the paternity of the minor if

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

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

  8  determined by legitimacy or scientific testing. The court may

  9  order supervised visitation with a person for whom scientific

10  testing for paternity has been ordered. Such visitation shall

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

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

13  the minor.

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

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

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

17  expeditiously as possible thereafter.

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

19  records pertaining to a petition to terminate parental rights

20  pending adoption are related to the subsequent adoption of the

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

22  confidentiality provisions of this chapter do not apply to the

23  extent information regarding persons or proceedings must be

24  made available as specified under s. 63.088.

25         Section 19.  Section 63.092, Florida Statutes, is

26  amended to read:

27         63.092  Report to the court of intended placement by an

28  adoption entity; at-risk placement intermediary; preliminary

29  study.--

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

31  intermediary must report any intended placement of a minor for

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  1  adoption with any person not related within the third degree

  2  or a stepparent if the adoption entity intermediary has

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

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

  5  the home. A minor may not be placed in a home in which there

  6  resides any person determined by the court to be a sexual

  7  predator as defined in s. 775.21 or to have been convicted of

  8  an offense listed in s. 63.089(4)(b)2.

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

10  prospective adoptive home before the parental rights of the

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

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

13  placement, the prospective adoptive parents must acknowledge

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

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

16  is subject to removal from the prospective adoptive home by

17  the adoption entity or by court order.

18         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

21  child-caring agency registered under s. 409.176, a licensed

22  professional, or agency described in s. 61.20(2), unless the

23  petitioner is a stepparent, a spouse of the birth parent, or a

24  relative. The preliminary study shall be completed within 30

25  days after the receipt by the court of the adoption entity's

26  intermediary's report, but in no event may the minor child be

27  placed in the prospective adoptive home prior to the

28  completion of the preliminary study unless ordered by the

29  court. If the petitioner is a stepparent, a spouse of the

30  birth parent, or a relative, the preliminary home study may be

31  required by the court for good cause shown. The department is

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  1  required to perform the preliminary home study only if there

  2  is no licensed child-placing agency, a child-caring agency

  3  registered under s. 409.176, licensed professional, or agency

  4  described in s. 61.20(2), in the county where the prospective

  5  adoptive parents reside.  The preliminary home study must be

  6  made to determine the suitability of the intended adoptive

  7  parents and may be completed prior to identification of a

  8  prospective adoptive minor child.  A favorable preliminary

  9  home study is valid for 1 year after the date of its

10  completion.  A minor may child must not be placed in an

11  intended adoptive home before a favorable preliminary home

12  study is completed unless the adoptive home is also a licensed

13  foster home under s. 409.175.  The preliminary home study must

14  include, at a minimum:

15         (a)  An interview with the intended adoptive parents;

16         (b)  Records checks of the department's central abuse

17  registry and criminal records correspondence checks pursuant

18  to s. 435.045 through the Department of Law Enforcement on the

19  intended adoptive parents;

20         (c)  An assessment of the physical environment of the

21  home;

22         (d)  A determination of the financial security of the

23  intended adoptive parents;

24         (e)  Documentation of counseling and education of the

25  intended adoptive parents on adoptive parenting;

26         (f)  Documentation that information on adoption and the

27  adoption process has been provided to the intended adoptive

28  parents;

29         (g)  Documentation that information on support services

30  available in the community has been provided to the intended

31  adoptive parents; and

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  1         (h)  A copy of each the signed acknowledgment statement

  2  required by s. 63.085; and

  3         (i)  A copy of the written acknowledgment required by

  4  s. 63.085(1).

  5

  6  If the preliminary home study is favorable, a minor may be

  7  placed in the home pending entry of the judgment of adoption.

  8  A minor may not be placed in the home if the preliminary home

  9  study is unfavorable.  If the preliminary home study is

10  unfavorable, the adoption entity intermediary or petitioner

11  may, within 20 days after receipt of a copy of the written

12  recommendation, petition the court to determine the

13  suitability of the intended adoptive home.  A determination as

14  to suitability under this subsection does not act as a

15  presumption of suitability at the final hearing.  In

16  determining the suitability of the intended adoptive home, the

17  court must consider the totality of the circumstances in the

18  home.

19         Section 20.  Section 63.097, Florida Statutes, is

20  amended to read:

21         63.097  Fees.--

22         (1)  When the adoption entity is an agency, fees may be

23  assessed if they are approved by the department within the

24  process of licensing the agency and if they are for:

25         (a)  Foster care expenses;

26         (b)  Preplacement and post-placement social services;

27  and

28         (c)  Agency facility and administrative costs.

29         (2)  The following fees, costs, and expenses may be

30  assessed by the adoption entity or paid by the adoption entity

31  on behalf of the prospective adoptive parents:

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  1         (a)  Reasonable living expenses of the birth mother

  2  which the birth mother is unable to pay due to unemployment,

  3  underemployment, or disability due to the pregnancy which is

  4  certified by a medical professional who has examined the birth

  5  mother, or any other disability defined in s. 110.215.

  6  Reasonable living expenses are rent, utilities, basic

  7  telephone service, food, necessary clothing, transportation,

  8  and expenses found by the court to be necessary for the health

  9  of the unborn child.

10         (b)  Reasonable and necessary medical expenses.

11         (c)  Expenses necessary to comply with the requirements

12  of this chapter, including, but not limited to, service of

13  process under s. 63.088, a diligent search under s. 63.088, a

14  preliminary home study under s. 63.092, and a final home

15  investigation under s. 63.125.

16         (d)  Court filing expenses, court costs, and other

17  litigation expenses.

18         (e)  Costs associated with advertising under s.

19  63.212(1)(g).

20         (f)  The following professional fees:

21         1.  A reasonable hourly fee necessary to provide legal

22  representation to the adoptive parents or adoption entity in a

23  proceeding filed under this chapter.

24         2.  A reasonable hourly fee for contact with the parent

25  related to the adoption. In determining a reasonable hourly

26  fee under this subparagraph, the court must consider if the

27  tasks done were clerical or of such a nature that the matter

28  could have been handled by support staff at a lesser rate than

29  the rate for legal representation charged under subparagraph

30  1. Such tasks specifically do not include obtaining a parent's

31  signature on any document; such tasks include, but need not be

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  1  limited to, transportation, transmitting funds, arranging

  2  appointments, and securing accommodations.

  3         3.  A reasonable hourly fee for counseling services

  4  provided to a parent or a prospective adoptive parent by a

  5  psychologist licensed under chapter 490 or a clinical social

  6  worker, marriage and family therapist, or mental health

  7  counselor licensed under chapter 491, or a counselor who is

  8  employed by an adoption entity accredited by the Council on

  9  Accreditation of Services for Children and Families to provide

10  pregnancy counseling and supportive services.

11         (3)  Prior approval of the court is not required until

12  the cumulative total of amounts permitted under subsection (2)

13  exceeds:

14         (a)  $2,500 in legal or other fees;

15         (b)  $500 in court costs;

16         (c)  $3,000 in expenses; or

17         (d)  $1,500 cumulative expenses that are related to the

18  minor, the pregnancy, a parent, or adoption proceeding, which

19  expenses are incurred prior to the date the prospective

20  adoptive parent retains the adoption entity.

21         (4)  Any fees, costs, or expenses not included in

22  subsection (2) or prohibited under subsection (5) require

23  court approval prior to payment and must be based on a finding

24  of extraordinary circumstances.

25         (5)  The following fees, costs, and expenses are

26  prohibited:

27         (a)  Any fee or expense that constitutes payment for

28  locating a minor for adoption.

29         (b)  Any lump-sum payment to the entity which is

30  nonrefundable directly to the payor or which is not itemized

31  on the affidavit filed under s. 63.132.

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  1         (c)  Any fee on the affidavit which does not specify

  2  the service that was provided and for which the fee is being

  3  charged, such as a fee for facilitation, acquisition, or other

  4  similar service, or which does not identify the date the

  5  service was provided, the time required to provide the

  6  service, the person or entity providing the service, and the

  7  hourly fee charged.

  8         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

  9  $1,000 and those costs as set out in s. 63.212(1)(d) over

10  $2,500, paid to an intermediary other than actual, documented

11  medical costs, court costs, and hospital costs must be

12  approved by the court prior to assessment of the fee by the

13  intermediary and upon a showing of justification for the

14  larger fee.

15         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

16  otherwise indicated in this section, when an adoption entity

17  intermediary uses the services of a licensed child-placing

18  agency, a professional, any other person or agency pursuant to

19  s. 63.092, or, if necessary, the department, the person

20  seeking to adopt the child must pay the licensed child-placing

21  agency, professional, other person or agency, or the

22  department an amount equal to the cost of all services

23  performed, including, but not limited to, the cost of

24  conducting the preliminary home study, counseling, and the

25  final home investigation.  The court, upon a finding that the

26  person seeking to adopt the child is financially unable to pay

27  that amount, may order that such person pay a lesser amount.

28         Section 21.  Section 63.102, Florida Statutes, is

29  amended to read:

30         63.102  Filing of petition for adoption or declaratory

31  statement; venue; proceeding for approval of fees and costs.--

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  1         (1)  A petition for adoption may not be filed until 30

  2  days after the date of the entry of the judgment terminating

  3  parental rights pending adoption under this chapter, unless

  4  the adoptee is an adult or the minor has been the subject of a

  5  judgment terminating parental rights under chapter 39. After a

  6  judgment terminating parental rights has been entered, a

  7  proceeding for adoption may shall be commenced by filing a

  8  petition entitled, "In the Matter of the Adoption of ...." in

  9  the circuit court.  The person to be adopted shall be

10  designated in the caption in the name by which he or she is to

11  be known if the petition is granted.  If the child is placed

12  for adoption by an agency, Any name by which the minor child

13  was previously known may shall not be disclosed in the

14  petition, the notice of hearing, or the judgment of adoption.

15         (2)  A petition for adoption or for a declaratory

16  statement as to the adoption contract shall be filed in the

17  county where the petition for termination of parental rights

18  was granted, unless the court in accordance with s. 47.122,

19  changes the venue to the county where the petitioner or

20  petitioners or the minor child resides or where the adoption

21  entity with agency in which the minor child has been placed is

22  located. The circuit court in this state must retain

23  jurisdiction over the matter until a final judgment is entered

24  on the adoption. The Uniform Child Custody Jurisdiction Act

25  does not apply until a final judgment is entered on the

26  adoption.

27         (3)  Except for adoptions involving placement of a

28  minor child with a relative within the third degree of

29  consanguinity, a petition for adoption in an adoption handled

30  by an adoption entity intermediary shall be filed within 60 30

31  working days after entry of the judgment terminating parental

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  1  rights placement of a child with a parent seeking to adopt the

  2  child.  If no petition is filed within 60 30 days, any

  3  interested party, including the state, may file an action

  4  challenging the prospective adoptive parent's physical custody

  5  of the minor child.

  6         (4)  If the filing of the petition for adoption or for

  7  a declaratory statement as to the adoption contract in the

  8  county where the petitioner or minor child resides would tend

  9  to endanger the privacy of the petitioner or minor child, the

10  petition for adoption may be filed in a different county,

11  provided the substantive rights of any person will not thereby

12  be affected.

13         (5)  A proceeding for prior approval of fees and costs

14  may be commenced any time after an agreement is reached

15  between the birth mother and the adoptive parents by filing a

16  petition for declaratory statement on the agreement entitled

17  "In the Matter of the Proposed Adoption of a Minor Child" in

18  the circuit court.

19         (a)  The petition must be filed jointly by the adoption

20  entity and each person who enters into the agreement.

21         (b)  A contract for the payment of fees, costs, and

22  expenses permitted under this chapter must be in writing, and

23  any person who enters into the contract has 3 business days in

24  which to cancel the contract. To cancel the contract, the

25  person must notify the adoption entity in writing by certified

26  United States mail, return receipt requested, no later than 3

27  business days after signing the contract. For the purposes of

28  this subsection, the term "business day" means a day on which

29  the United States Postal Service accepts certified mail for

30  delivery. If the contract is canceled within the first 3

31  business days, the person who cancels the contract does not

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  1  owe any legal, intermediary, or other fees, but may be

  2  responsible for the adoption entity's actual costs during that

  3  time.

  4         (c)  The court may grant prior approval only of fees

  5  and expenses permitted under s. 63.097. A prior approval of

  6  prospective fees and costs does not create a presumption that

  7  these items will subsequently be approved by the court under

  8  s. 63.132. The court, under s. 63.132, may order an adoption

  9  entity to refund any amount paid under this subsection that is

10  subsequently found by the court to be greater than fees,

11  costs, and expenses actually incurred.

12         (d)  The contract may not require, and the court may

13  not approve, any lump-sum payment to the entity which is

14  nonrefundable to the payor or any amount that constitutes

15  payment for locating a minor for adoption.

16         (e)  A petition for adoption filed under this section

17  may be consolidated with a previously filed petition for a

18  declaratory statement. Only one filing fee may be assessed for

19  both the adoption and declaratory-statement petitions.

20         (f)  Prior approval of fees and costs by the court does

21  not obligate the parent to ultimately relinquish the minor for

22  adoption. If a petition for adoption is subsequently filed,

23  the petition for declaratory statement and the petition for

24  adoption must be consolidated into one case.

25         Section 22.  Section 63.112, Florida Statutes, is

26  amended to read:

27         63.112  Petition for adoption; description; report or

28  recommendation, exceptions; mailing.--

29         (1)  A sufficient number of copies of the petition for

30  adoption shall be signed and verified by the petitioner and

31

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  1  filed with the clerk of the court so that service may be made

  2  under subsection (4) and shall state:

  3         (a)  The date and place of birth of the person to be

  4  adopted, if known;

  5         (b)  The name to be given to the person to be adopted;

  6         (c)  The date petitioner acquired custody of the minor

  7  and the name of the person placing the minor;

  8         (d)  The full name, age, and place and duration of

  9  residence of the petitioner;

10         (e)  The marital status of the petitioner, including

11  the date and place of marriage, if married, and divorces, if

12  any;

13         (f)  The facilities and resources of the petitioner,

14  including those under a subsidy agreement, available to

15  provide for the care of the minor to be adopted;

16         (g)  A description and estimate of the value of any

17  property of the person to be adopted;

18         (h)  The case style and date of entry of the judgment

19  terminating parental rights name and address, if known, of any

20  person whose consent to the adoption is required, but who has

21  not consented, and facts or circumstances that excuse the lack

22  of consent; and

23         (i)  The reasons why the petitioner desires to adopt

24  the person.

25         (2)  The following documents are required to be filed

26  with the clerk of the court at the time the petition is filed:

27         (a)  A certified copy of the court judgment terminating

28  parental rights under chapter 39 or under this chapter The

29  required consents, unless consent is excused by the court.

30         (b)  The favorable preliminary home study of the

31  department, licensed child-placing agency, or professional

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  1  pursuant to s. 63.092, as to the suitability of the home in

  2  which the minor has been placed.

  3         (c)  The surrender document must include documentation

  4  that an interview was interviews were held with:

  5         1.  The birth mother, if parental rights have not been

  6  terminated;

  7         2.  The birth father, if his consent to the adoption is

  8  required and parental rights have not been terminated; and

  9         3.  the minor child, if older than 12 years of age,

10  unless the court, in the best interest of the minor child,

11  dispenses with the minor's child's consent under s.

12  63.062(1)(f) 63.062(1)(c).

13

14  The court may waive the requirement for an interview with the

15  birth mother or birth father in the investigation for good

16  cause shown.

17         (3)  Unless ordered by the court, no report or

18  recommendation is required when the placement is a stepparent

19  adoption or when the minor child is related to one of the

20  adoptive parents within the third degree.

21         (4)  The clerk of the court shall mail a copy of the

22  petition within 24 hours after filing, and execute a

23  certificate of mailing, to the adoption entity department and

24  the agency placing the minor, if any.

25         Section 23.  Section 63.122, Florida Statutes, is

26  amended to read:

27         63.122  Notice of hearing on petition.--

28         (1)  After the petition to adopt a minor is filed, the

29  court must establish a time and place for hearing the

30  petition. The hearing may must not be held sooner than 30 days

31  after the date the judgment terminating parental rights was

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  1  entered or sooner than 90 days after the date the minor was

  2  placed the placing of the minor in the physical custody of the

  3  petitioner.  The minor must remain under the supervision of

  4  the adoption entity department, an intermediary, or a licensed

  5  child-placing agency until the adoption becomes final.  When

  6  the petitioner is a spouse of the birth parent, the hearing

  7  may be held immediately after the filing of the petition.

  8         (2)  Notice of hearing must be given as prescribed by

  9  the rules of civil procedure, and service of process must be

10  made as specified by law for civil actions.

11         (3)  Upon a showing by the petitioner that the privacy

12  of the petitioner or minor child may be endangered, the court

13  may order the names of the petitioner or minor child, or both,

14  to be deleted from the notice of hearing and from the copy of

15  the petition attached thereto, provided the substantive rights

16  of any person will not thereby be affected.

17         (4)  Notice of the hearing must be given by the

18  petitioner to the adoption entity that places the minor.:

19         (a)  The department or any licensed child-placing

20  agency placing the minor.

21         (b)  The intermediary.

22         (c)  Any person whose consent to the adoption is

23  required by this act who has not consented, unless such

24  person's consent is excused by the court.

25         (d)  Any person who is seeking to withdraw consent.

26         (5)  After filing the petition to adopt an adult, a

27  notice of the time and place of the hearing must be given to

28  any person whose consent to the adoption is required but who

29  has not consented.  The court may order an appropriate

30  investigation to assist in determining whether the adoption is

31  in the best interest of the persons involved.

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  1         Section 24.  Section 63.125, Florida Statutes, is

  2  amended to read:

  3         63.125  Final home investigation.--

  4         (1)  The final home investigation must be conducted

  5  before the adoption becomes final.  The investigation may be

  6  conducted by a licensed child-placing agency or a professional

  7  in the same manner as provided in s. 63.092 to ascertain

  8  whether the adoptive home is a suitable home for the minor and

  9  whether the proposed adoption is in the best interest of the

10  minor.  Unless directed by the court, an investigation and

11  recommendation are not required if the petitioner is a

12  stepparent or if the minor child is related to one of the

13  adoptive parents within the third degree of consanguinity.

14  The department is required to perform the home investigation

15  only if there is no licensed child-placing agency or

16  professional pursuant to s. 63.092 in the county in which the

17  prospective adoptive parent resides.

18         (2)  The department, the licensed child-placing agency,

19  or the professional that performs the investigation must file

20  a written report of the investigation with the court and the

21  petitioner within 90 days after the date the petition is

22  filed.

23         (3)  The report of the investigation must contain an

24  evaluation of the placement with a recommendation on the

25  granting of the petition for adoption and any other

26  information the court requires regarding the petitioner or the

27  minor.

28         (4)  The department, the licensed child-placing agency,

29  or the professional making the required investigation may

30  request other state agencies or child-placing agencies within

31  or outside this state to make investigations of designated

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  1  parts of the inquiry and to make a written report to the

  2  department, the professional, or other person or agency.

  3         (5)  The final home investigation must include:

  4         (a)  The information from the preliminary home study.

  5         (b)  After the minor child is placed in the intended

  6  adoptive home, two scheduled visits with the minor child and

  7  the minor's child's adoptive parent or parents, one of which

  8  visits must be in the home, to determine the suitability of

  9  the placement.

10         (c)  The family social and medical history as provided

11  in s. 63.082.

12         (d)  Any other information relevant to the suitability

13  of the intended adoptive home.

14         (e)  Any other relevant information, as provided in

15  rules that the department may adopt.

16         Section 25.  Section 63.132, Florida Statutes, is

17  amended to read:

18         63.132  Affidavit Report of expenses expenditures and

19  receipts.--

20         (1)  At least 10 days before the hearing on the

21  petition for adoption, the prospective adoptive parent

22  petitioner and any adoption entity intermediary must file two

23  copies of an affidavit under this section.

24         (a)  The affidavit must be signed by the adoption

25  entity and the prospective adoptive parents. A copy of the

26  affidavit must be provided to the adoptive parents at the time

27  the affidavit is executed.

28         (b)  The affidavit must itemize containing a full

29  accounting of all disbursements and receipts of anything of

30  value, including professional and legal fees, made or agreed

31  to be made by or on behalf of the prospective adoptive parent

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  1  petitioner and any adoption entity intermediary in connection

  2  with the adoption or in connection with any prior proceeding

  3  to terminate parental rights which involved the minor who is

  4  the subject of the petition for adoption. The affidavit must

  5  also include, for each fee itemized, the service provided for

  6  which the fee is being charged, the date the service was

  7  provided, the time required to provide the service, the person

  8  or entity that provided the service, and the hourly fee

  9  charged.

10         (c)  The clerk of the court shall forward a copy of the

11  affidavit to the department.

12         (d)  The affidavit report must show any expenses or

13  receipts incurred in connection with:

14         1.(a)  The birth of the minor.

15         2.(b)  The placement of the minor with the petitioner.

16         3.(c)  The medical or hospital care received by the

17  mother or by the minor during the mother's prenatal care and

18  confinement.

19         4.(d)  The living expenses of the birth mother.  The

20  living expenses must be documented in detail to apprise the

21  court of the exact expenses incurred.

22         5.(e)  The services relating to the adoption or to the

23  placement of the minor for adoption that were received by or

24  on behalf of the petitioner, the adoption entity intermediary,

25  either natural parent, the minor, or any other person.

26

27  The affidavit must state whether any of these expenses were

28  paid for by collateral sources, including, but not limited to,

29  health insurance, Medicaid, Medicare, or public assistance.

30         (2)  The court may require such additional information

31  as is deemed necessary.

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  1         (3)  The court must issue a separate order approving or

  2  disapproving the fees, costs, and expenses itemized in the

  3  affidavit. The court may approve only fees, costs, and

  4  expenditures allowed under s. 63.097. The court may reject in

  5  whole or in part any fee, cost, or expenditure listed if the

  6  court finds that the expense is:

  7         (a)  Contrary to this chapter;

  8         (b)  Not supported by a receipt in the record, if the

  9  expense is not a fee of the adoption entity; or

10         (c)  Not a reasonable fee or expense, considering the

11  requirements of this chapter and the totality of the

12  circumstances.

13         (4)(3)  This section does not apply to an adoption by a

14  stepparent whose spouse is a natural or adoptive parent of the

15  child.

16         Section 26.  Section 63.142, Florida Statutes, is

17  amended to read:

18         63.142  Hearing; judgment of adoption.--

19         (1)  APPEARANCE.--The petitioner and the person to be

20  adopted shall appear at the hearing on the petition for

21  adoption, unless:

22         (a)  The person is a minor under 12 years of age;, or

23         (b)  The presence of either is excused by the court for

24  good cause.

25         (2)  CONTINUANCE.--The court may continue the hearing

26  from time to time to permit further observation,

27  investigation, or consideration of any facts or circumstances

28  affecting the granting of the petition.

29         (3)  DISMISSAL.--

30         (a)  If the petition is dismissed, the court shall

31  determine the person that is to have custody of the minor.

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  1         (b)  If the petition is dismissed, the court shall

  2  state with specificity the reasons for the dismissal.

  3         (4)  JUDGMENT.--At the conclusion of the hearing, after

  4  when the court determines that the date for a parent to file

  5  an appeal of a valid judgment terminating that parent's

  6  parental rights has passed and no appeal, pursuant to the

  7  Florida Rules of Appellate Procedure, is pending all necessary

  8  consents have been obtained and that the adoption is in the

  9  best interest of the person to be adopted, a judgment of

10  adoption shall be entered.

11         (a)  A judgment terminating parental rights pending

12  adoption is voidable and any later judgment of adoption of

13  that minor is voidable if, upon a motion to set aside of a

14  parent, the court finds that any person knowingly gave false

15  information that prevented the parent from timely making known

16  his or her desire to assume parental responsibilities toward

17  the minor or meeting the requirements under this chapter to

18  exercise his or her parental rights. A motion under this

19  paragraph must be filed with the court that entered the

20  original judgment. The motion must be filed within a

21  reasonable time, but not later than 2 years after the date the

22  judgment terminating parental rights was entered.

23         (b)  Except upon good cause shown, no later than 30

24  days after the filing of a motion under this subsection, the

25  court must conduct a preliminary hearing to determine what

26  contact, if any, shall be permitted between a parent and the

27  child pending resolution of the motion. Such contact shall be

28  considered only if it is requested by a parent who has

29  appeared at the hearing. If the court orders contact between a

30  parent and child, the order must be issued in writing as

31  expeditiously as possible and must state with specificity any

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  1  provisions regarding contact with persons other than those

  2  with whom the child resides.

  3         (c)  At the preliminary hearing, the court, upon the

  4  motion of any party or its own motion, may order scientific

  5  testing to determine the paternity of the minor if the person

  6  seeking to set aside the judgment is alleging to be the

  7  child's father and that fact has not previously been

  8  determined by legitimacy or scientific testing. The court may

  9  order supervised visitation with a person for whom scientific

10  testing for paternity has been ordered. Such visitation shall

11  be conditioned upon the filing of those test results with the

12  court and such results establishing that person's paternity of

13  the minor.

14         (d)  Except upon good cause shown, no later than 45

15  days after the preliminary hearing, the court must conduct a

16  final hearing on the motion to set aside the judgment and

17  issue its written order as expeditiously as possible

18  thereafter.

19         Section 27.  Subsection (2) of section 63.162, Florida

20  Statutes, is amended to read:

21         63.162  Hearings and records in adoption proceedings;

22  confidential nature.--

23         (2)  All papers and records pertaining to the adoption,

24  including the original birth certificate, whether part of the

25  permanent record of the court or a file in the office of an

26  adoption entity department, in a licensed child-placing

27  agency, or in the office of an intermediary are confidential

28  and subject to inspection only upon order of the court;

29  however, the petitioner in any proceeding for adoption under

30  this chapter may, at the option of the petitioner, make public

31  the reasons for a denial of the petition for adoption.  The

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  1  order must specify which portion of the records are subject to

  2  inspection, and it may exclude the name and identifying

  3  information concerning the birth parent or adoptee. Papers and

  4  records of the department, a court, or any other governmental

  5  agency, which papers and records relate to adoptions, are

  6  exempt from s. 119.07(1).  In the case of a nonagency

  7  adoption, the department must be given notice of hearing and

  8  be permitted to present to the court a report on the

  9  advisability of disclosing or not disclosing information

10  pertaining to the adoption.  In the case of an agency

11  adoption, the licensed child-placing agency must be given

12  notice of hearing and be permitted to present to the court a

13  report on the advisability of disclosing or not disclosing

14  information pertaining to the adoption.  This subsection does

15  not prohibit the department from inspecting and copying any

16  official record pertaining to the adoption that is maintained

17  by the department and does not prohibit an agency from

18  inspecting and copying any official record pertaining to the

19  adoption that is maintained by that agency.

20         Section 28.  Section 63.165, Florida Statutes, is

21  amended to read:

22         63.165  State registry of adoption information; duty to

23  inform and explain.--Notwithstanding any other law to the

24  contrary, the department shall maintain a registry with the

25  last known names and addresses of an adoptee and his or her

26  natural parents whose consent was required under s. 63.062,

27  and adoptive parents and any other identifying information

28  that which the adoptee, natural parents whose consent was

29  required under s. 63.062, or adoptive parents desire to

30  include in the registry. The department shall maintain the

31  registry records for the time required by rules adopted by the

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  1  department in accordance with this chapter or for 99 years,

  2  whichever period is greater. The registry shall be open with

  3  respect to all adoptions in the state, regardless of when they

  4  took place. The registry shall be available for those persons

  5  choosing to enter information therein, but no one shall be

  6  required to do so.

  7         (1)  Anyone seeking to enter, change, or use

  8  information in the registry, or any agent of such person,

  9  shall present verification of his or her identity and, if

10  applicable, his or her authority.  A person who enters

11  information in the registry shall be required to indicate

12  clearly the persons to whom he or she is consenting to release

13  this information, which persons shall be limited to the

14  adoptee and the birth natural mother, natural father whose

15  consent was required under s. 63.062, adoptive mother,

16  adoptive father, birth natural siblings, and maternal and

17  paternal birth natural grandparents of the adoptee.  Except as

18  provided in this section, information in the registry is

19  confidential and exempt from the provisions of s. 119.07(1).

20  Consent to the release of this information may be made in the

21  case of a minor adoptee by his or her adoptive parents or by

22  the court after a showing of good cause.  At any time, any

23  person may withdraw, limit, or otherwise restrict consent to

24  release information by notifying the department in writing.

25         (2)  The department may charge a reasonable fee to any

26  person seeking to enter, change, or use information in the

27  registry.  The department shall deposit such fees in a trust

28  fund to be used by the department only for the efficient

29  administration of this section. The department and agencies

30  shall make counseling available for a fee to all persons

31

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  1  seeking to use the registry, and the department shall inform

  2  all affected persons of the availability of such counseling.

  3         (3)  The adoption entity department, intermediary, or

  4  licensed child-placing agency must inform the birth parents

  5  before parental rights are terminated, and the adoptive

  6  parents before placement, in writing, of the existence and

  7  purpose of the registry established under this section, but

  8  failure to do so does not affect the validity of any

  9  proceeding under this chapter.

10         Section 29.  Subsection (2) of section 63.202, Florida

11  Statutes, is amended to read:

12         63.202  Authority to license; adoption of rules.--

13         (2)  No agency shall place a minor for adoption unless

14  such agency is licensed by the department, except a

15  child-caring agency registered under s. 409.176.

16         Section 30.  Section 63.207, Florida Statutes, is

17  amended to read:

18         63.207  Out-of-state placement.--

19         (1)  Unless the parent placing a minor for adoption

20  files an affidavit that the parent chooses to place the minor

21  outside the state, giving the reason for that placement, or

22  the minor child is to be placed with a relative within the

23  third degree or with a stepparent, or the minor is a special

24  needs child, as defined in s. 409.166, or for other good cause

25  shown, an adoption entity may not no person except an

26  intermediary, an agency, or the department shall:

27         (a)  Take or send a minor child out of the state for

28  the purpose of placement for adoption; or

29         (b)  Place or attempt to place a minor child for the

30  purpose of adoption with a family who primarily lives and

31  works outside Florida in another state.  An intermediary may

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  1  place or attempt to place a child for adoption in another

  2  state only if the child is a special needs child as that term

  3  is defined in s. 409.166.  If an adoption entity intermediary

  4  is acting under this subsection, the adoption entity must

  5  intermediary shall file a petition for declaratory statement

  6  pursuant to s. 63.102 for prior approval of fees and costs.

  7  The court shall review the costs pursuant to s. 63.097.  The

  8  petition for declaratory statement must be converted to a

  9  petition for an adoption upon placement of the minor child in

10  the home.  The circuit court in this state must retain

11  jurisdiction over the matter until the adoption becomes final.

12  The prospective adoptive parents must come to this state to

13  have the adoption finalized.  Violation of the order subjects

14  the adoption entity intermediary to contempt of court and to

15  the penalties provided in s. 63.212.

16         (2)  An adoption entity intermediary may not counsel a

17  birth mother to leave the state for the purpose of giving

18  birth to a child outside the state in order to secure a fee in

19  excess of that permitted under s. 63.097 when it is the

20  intention that the child is to be placed for adoption outside

21  the state.

22         (3)  When applicable, the Interstate Compact on the

23  Placement of Children authorized in s. 409.401 shall be used

24  in placing children outside the state for adoption.

25         Section 31.  Section 63.212, Florida Statutes, is

26  amended to read:

27         63.212  Prohibited acts; penalties for violation;

28  preplanned adoption agreement.--

29         (1)  It is unlawful for any person:

30         (a)  Except the department, an intermediary, or an

31  agency, To place or attempt to place a minor child for

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  1  adoption with a person who primarily lives and works outside

  2  this state unless the minor child is placed with a relative

  3  within the third degree or with a stepparent.  An intermediary

  4  may place or attempt to place a special needs child for

  5  adoption with a person who primarily lives and works outside

  6  this state only if the intermediary has a declaratory

  7  statement from the court establishing the fees to be paid.

  8  This requirement does not apply if the minor child is placed

  9  by an adoption entity in accordance with s. 63.207 with a

10  relative within the third degree or with a stepparent.

11         (b)  Except the department, an intermediary, or an

12  agency, to place or attempt to place a child for adoption with

13  a family whose primary residence and place of employment is in

14  another state unless the child is placed with a relative

15  within the third degree or with a stepparent.  An intermediary

16  may place or attempt to place a special needs child for

17  adoption with a family whose primary residence and place of

18  employment is in another state only if the intermediary has a

19  declaratory statement from the court establishing the fees to

20  be paid.  This requirement does not apply if the child is

21  placed with a relative within the third degree or with a

22  stepparent.

23         (b)(c)  Except an adoption entity the Department of

24  Children and Family Services, an agency, or an intermediary,

25  to place or attempt to place within the state a minor child

26  for adoption unless the minor child is placed with a relative

27  within the third degree or with a stepparent.  This

28  prohibition, however, does not apply to a person who is

29  placing or attempting to place a minor child for the purpose

30  of adoption with the adoption entity Department of Children

31  and Family Services or an agency or through an intermediary.

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  1         (c)(d)  To sell or surrender, or to arrange for the

  2  sale or surrender of, a minor child to another person for

  3  money or anything of value or to receive such minor child for

  4  such payment or thing of value.  If a minor child is being

  5  adopted by a relative within the third degree or by a

  6  stepparent, or is being adopted through an adoption entity,

  7  this paragraph does not prohibit the Department of Children

  8  and Family Services, an agency, or an intermediary, nothing

  9  herein shall be construed as prohibiting the person who is

10  contemplating adopting the child from paying, under ss. 63.097

11  and 63.132, the actual prenatal care and living expenses of

12  the mother of the child to be adopted, or nor from paying,

13  under ss. 63.097 and 63.132, the actual living and medical

14  expenses of such mother for a reasonable time, not to exceed 6

15  weeks, if medical needs require such support, after the birth

16  of the minor child.

17         (d)(e)  Having the rights and duties of a parent with

18  respect to the care and custody of a minor to assign or

19  transfer such parental rights for the purpose of, incidental

20  to, or otherwise connected with, selling or offering to sell

21  such rights and duties.

22         (e)(f)  To assist in the commission of any act

23  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

24  paragraph (c), paragraph (d), or paragraph (e).

25         (f)(g)  Except an adoption entity the Department of

26  Children and Family Services or an agency, to charge or accept

27  any fee or compensation of any nature from anyone for making a

28  referral in connection with an adoption.

29         (g)(h)  Except an adoption entity the Department of

30  Children and Family Services, an agency, or an intermediary,

31  to advertise or offer to the public, in any way, by any medium

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  1  whatever that a minor child is available for adoption or that

  2  a minor child is sought for adoption; and, further, it is

  3  unlawful for any person to publish or broadcast any such

  4  advertisement without including a Florida license number of

  5  the agency or, attorney, or physician placing the

  6  advertisement.

  7         (h)(i)  To contract for the purchase, sale, or transfer

  8  of custody or parental rights in connection with any child, or

  9  in connection with any fetus yet unborn, or in connection with

10  any fetus identified in any way but not yet conceived, in

11  return for any valuable consideration.  Any such contract is

12  void and unenforceable as against the public policy of this

13  state.  However, fees, costs, and other incidental payments

14  made in accordance with statutory provisions for adoption,

15  foster care, and child welfare are permitted, and a person may

16  agree to pay expenses in connection with a preplanned adoption

17  agreement as specified below, but the payment of such expenses

18  may not be conditioned upon the transfer of parental rights.

19  Each petition for adoption which is filed in connection with a

20  preplanned adoption agreement must clearly identify the

21  adoption as a preplanned adoption arrangement and must include

22  a copy of the preplanned adoption agreement for review by the

23  court.

24         1.  Individuals may enter into a preplanned adoption

25  arrangement as specified herein, but such arrangement shall

26  not in any way:

27         a.  Effect final transfer of custody of a child or

28  final adoption of a child, without review and approval of the

29  department and the court, and without compliance with other

30  applicable provisions of law.

31

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  1         b.  Constitute consent of a mother to place her child

  2  for adoption until 7 days following birth, and unless the

  3  court making the custody determination or approving the

  4  adoption determines that the mother was aware of her right to

  5  rescind within the 7-day period following birth but chose not

  6  to rescind such consent.

  7         2.  A preplanned adoption arrangement shall be based

  8  upon a preplanned adoption agreement that must which shall

  9  include, but need not be limited to, the following terms:

10         a.  That the volunteer mother agrees to become pregnant

11  by the fertility technique specified in the agreement, to bear

12  the child, and to terminate any parental rights and

13  responsibilities to the child she might have through a written

14  consent executed at the same time as the preplanned adoption

15  agreement, subject to a right of rescission by the volunteer

16  mother any time within 7 days after the birth of the child.

17         b.  That the volunteer mother agrees to submit to

18  reasonable medical evaluation and treatment and to adhere to

19  reasonable medical instructions about her prenatal health.

20         c.  That the volunteer mother acknowledges that she is

21  aware that she will assume parental rights and

22  responsibilities for the child born to her as otherwise

23  provided by law for a mother, if the intended father and

24  intended mother terminate the agreement before final transfer

25  of custody is completed, or if a court determines that a

26  parent clearly specified by the preplanned adoption agreement

27  to be the biological parent is not the biological parent, or

28  if the preplanned adoption is not approved by the court

29  pursuant to the Florida Adoption Act.

30         d.  That an intended father who is also the biological

31  father acknowledges that he is aware that he will assume

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  1  parental rights and responsibilities for the child as

  2  otherwise provided by law for a father, if the agreement is

  3  terminated for any reason by any party before final transfer

  4  of custody is completed or if the planned adoption is not

  5  approved by the court pursuant to the Florida Adoption Act.

  6         e.  That the intended father and intended mother

  7  acknowledge that they may not receive custody or the parental

  8  rights under the agreement if the volunteer mother terminates

  9  the agreement or if the volunteer mother rescinds her consent

10  to place her child for adoption within 7 days after birth.

11         f.  That the intended father and intended mother may

12  agree to pay all reasonable legal, medical, psychological, or

13  psychiatric expenses of the volunteer mother related to the

14  preplanned adoption arrangement, and may agree to pay the

15  reasonable living expenses of the volunteer mother.  No other

16  compensation, whether in cash or in kind, shall be made

17  pursuant to a preplanned adoption arrangement.

18         g.  That the intended father and intended mother agree

19  to accept custody of and to assert full parental rights and

20  responsibilities for the child immediately upon the child's

21  birth, regardless of any impairment to the child.

22         h.  That the intended father and intended mother shall

23  have the right to specify the blood and tissue typing tests to

24  be performed if the agreement specifies that at least one of

25  them is intended to be the biological parent of the child.

26         i.  That the agreement may be terminated at any time by

27  any of the parties.

28         3.  A preplanned adoption agreement shall not contain

29  any provision:

30         a.  To reduce any amount paid to the volunteer mother

31  if the child is stillborn or is born alive but impaired, or to

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  1  provide for the payment of a supplement or bonus for any

  2  reason.

  3         b.  Requiring the termination of the volunteer mother's

  4  pregnancy.

  5         4.  An attorney who represents an intended father and

  6  intended mother or any other attorney with whom that attorney

  7  is associated shall not represent simultaneously a female who

  8  is or proposes to be a volunteer mother in any matter relating

  9  to a preplanned adoption agreement or preplanned adoption

10  arrangement.

11         5.  Payment to agents, finders, and intermediaries,

12  including attorneys and physicians, as a finder's fee for

13  finding volunteer mothers or matching a volunteer mother and

14  intended father and intended mother is prohibited.  Doctors,

15  psychologists, attorneys, and other professionals may receive

16  reasonable compensation for their professional services, such

17  as providing medical services and procedures, legal advice in

18  structuring and negotiating a preplanned adoption agreement,

19  or counseling.

20         6.  As used in this paragraph, the term:

21         a.  "Blood and tissue typing tests" include, but are

22  not limited to, tests of red cell antigens, red cell

23  isoenzymes, human leukocyte antigens, and serum proteins.

24         b.  "Child" means the child or children conceived by

25  means of an insemination that is part of a preplanned adoption

26  arrangement.

27         c.  "Fertility technique" means artificial

28  embryonation, artificial insemination, whether in vivo or in

29  vitro, egg donation, or embryo adoption.

30         d.  "Intended father" means a male who, as evidenced by

31  a preplanned adoption agreement, intends to have the parental

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  1  rights and responsibilities for a child conceived through a

  2  fertility technique, regardless of whether the child is

  3  biologically related to the male.

  4         e.  "Intended mother" means a female who, as evidenced

  5  by a preplanned adoption agreement, intends to have the

  6  parental rights and responsibilities for a child conceived

  7  through a fertility technique, regardless of whether the child

  8  is biologically related to the female.

  9         f.  "Parties" means the intended father and intended

10  mother, the volunteer mother and her husband, if she has a

11  husband, who are all parties to the preplanned adoption

12  agreement.

13         g.  "Preplanned adoption agreement" means a written

14  agreement among the parties that specifies the intent of the

15  parties as to their rights and responsibilities in the

16  preplanned adoption arrangement, consistent with the

17  provisions of this act.

18         h.  "Preplanned adoption arrangement" means the

19  arrangement through which the parties enter into an agreement

20  for the volunteer mother to bear the child, for payment by the

21  intended father and intended mother of the expenses allowed by

22  this act, for the intended father and intended mother to

23  assert full parental rights and responsibilities to the child

24  if consent to adoption is not rescinded after birth by the

25  volunteer mother, and for the volunteer mother to terminate,

26  subject to a right of rescission, in favor of the intended

27  father and intended mother all her parental rights and

28  responsibilities to the child.

29         i.  "Volunteer mother" means a female person at least

30  18 years of age who voluntarily agrees, subject to a right of

31  rescission, that if she should become pregnant pursuant to a

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  1  preplanned adoption arrangement, she will terminate in favor

  2  of the intended father and intended mother her parental rights

  3  and responsibilities to the child.

  4         (2)(a)  It is unlawful for any person under this

  5  chapter to:

  6         1.  Knowingly provide false information;

  7         2.  Knowingly withhold material information; or

  8         3.  For a parent, with the intent to defraud, to accept

  9  benefits related to the same pregnancy from more than one

10  adoption entity without disclosing that fact to each entity.

11         (b)  It is unlawful for any person who knows that the

12  parent whose rights are to be terminated intends to object to

13  said termination to intentionally file the petition for

14  termination of parental rights in a county inconsistent with

15  the required venue under such circumstances.

16         (c)  Any person who willfully violates any provision of

17  this subsection commits a misdemeanor of the second degree,

18  punishable as provided in s. 775.082 or s. 775.083. In

19  addition, such person is liable for damages caused by such

20  acts or omissions, including reasonable attorney's fees and

21  costs. Damages may be awarded through restitution in any

22  related criminal prosecution or by filing a separate civil

23  action.

24         (3)(2)  This section does not Nothing herein shall be

25  construed to prohibit an adoption entity a licensed

26  child-placing agency from charging fees permitted under this

27  chapter and reasonably commensurate to the services provided.

28         (4)(3)  It is unlawful for any adoption entity

29  intermediary to fail to report to the court, prior to

30  placement, the intended placement of a minor child for

31  purposes of adoption with any person not a stepparent or a

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  1  relative within the third degree, if the adoption entity

  2  intermediary participates in such intended placement.

  3         (5)(4)  It is unlawful for any adoption entity

  4  intermediary to charge any fee except those fees permitted

  5  under s. 63.097 and approved under s. 63.102 over $1,000 and

  6  those costs as set out in paragraph (1)(d) over $2,500, other

  7  than for actual documented medical costs, court costs, and

  8  hospital costs unless such fee is approved by the court prior

  9  to the assessment of the fee by the intermediary and upon a

10  showing of justification for the larger fee.

11         (6)(5)  It is unlawful for any adoption entity

12  intermediary to counsel a birth mother to leave the state for

13  the purpose of giving birth to a child outside the state in

14  order to secure a fee in excess of that permitted under s.

15  63.097 when it is the intention that the child be placed for

16  adoption outside the state.

17         (7)(6)  It is unlawful for any adoption entity

18  intermediary to obtain a preliminary home study or final home

19  investigation and fail to disclose the existence of the study

20  or investigation to the court.

21         (8)(7)  Unless otherwise indicated, a person who

22  violates any provision of this section, excluding paragraph

23  (1)(g)(h), commits is guilty of a felony of the third degree,

24  punishable as provided in s. 775.082, s. 775.083, or s.

25  775.084.  A person who violates paragraph (1)(g)(h) commits is

26  guilty of a misdemeanor of the second degree, punishable as

27  provided in s. 775.083; and each day of continuing violation

28  shall be considered a separate offense.

29         Section 32.  Section 63.219, Florida Statutes, is

30  amended to read:

31

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  1         63.219  Sanctions.--Upon a finding by the court that an

  2  adoption entity intermediary or agency has violated any

  3  provision of this chapter, the court is authorized to prohibit

  4  the adoption entity intermediary or agency from placing a

  5  minor for adoption in the future.

  6         Section 33.  Section 63.2325, Florida Statutes, is

  7  created to read:

  8         63.2325  Conditions for revocation of a consent to

  9  adoption or affidavit of nonpaternity.--Notwithstanding the

10  requirements of this chapter, a failure to meet any of those

11  requirements does not constitute grounds for revocation of a

12  consent to adoption or withdrawal of affidavit of nonpaternity

13  unless the extent and circumstances of such a failure result

14  in a material failure of fundamental fairness in the

15  administration of due process, or the failure constitutes or

16  contributes to fraud or duress in obtaining a consent to

17  adoption or affidavit of nonpaternity.

18         Section 34.  Subsection (39) of section 984.03, Florida

19  Statutes, is amended to read:

20         984.03  Definitions.--When used in this chapter, the

21  term:

22         (39)  "Parent" means a woman who gives birth to a child

23  and a man whose consent to the adoption of the child would be

24  required under s. 63.062(1) s. 63.062(1)(b). If a child has

25  been legally adopted, the term "parent" means the adoptive

26  mother or father of the child. The term does not include an

27  individual whose parental relationship to the child has been

28  legally terminated, or an alleged or prospective parent,

29  unless the parental status falls within the terms of either s.

30  39.503(1) s. 39.503 or s. 63.062(1) s. 63.062(1)(b).

31

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  1         Section 35.  Subsection (40) of section 985.03, Florida

  2  Statutes, is amended to read:

  3         985.03  Definitions.--When used in this chapter, the

  4  term:

  5         (40)  "Parent" means a woman who gives birth to a child

  6  and a man whose consent to the adoption of the child would be

  7  required under s. 63.062(1) s. 63.062(1)(b). If a child has

  8  been legally adopted, the term "parent" means the adoptive

  9  mother or father of the child. The term does not include an

10  individual whose parental relationship to the child has been

11  legally terminated, or an alleged or prospective parent,

12  unless the parental status falls within the terms of either s.

13  39.503(1) s. 39.503 or s. 63.062(1) s. 63.062(1)(b).

14         Section 36.  Section 63.072, Florida Statutes, is

15  repealed.

16         Section 37.  Any petition for adoption filed before

17  October 1, 2001, shall be governed by the law in effect at the

18  time the petition was filed.

19         Section 38.  If any provision of this act or the

20  application thereof to any person or circumstance is held

21  invalid, the invalidity does not affect other provisions or

22  applications of the act which can be given effect without the

23  invalid provision or application, and to this end the

24  provisions of this act are declared severable.

25         Section 39.  This act shall take effect October 1,

26  2001.

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 138

  3

  4
    Expands the postadoption communication or contact with the
  5  child which the court can include in the final adoption order
    to include specified biological relatives with the agreement
  6  of the adoptive parents.

  7  Expands the categories of "fathers" from whom consent for
    adoption must be obtained or to whom notice must be given to
  8  include the biological father who has provided or attempted to
    provide support to the child or mother during the pregnancy,
  9  if consent has been provided by the legal father who was
    married to the birth mother at the time of conception or
10  birth.

11  Stipulates the point at which a parent is considered to be
    seeking to place a minor for adoption for the purposes of
12  providing a written disclosure statement.

13  Permits witnesses located in another jurisdiction to testify
    by deposition or by electronic means in the court hearing to
14  consider venue.

15  Prohibits a child from being placed in a home where a
    convicted sexual predator or other specified convicted felony
16  offenders reside.

17  Expands the entities permitted to perform the preliminary home
    study to include a child-caring agency registered pursuant to
18  s. 409.176 F.S.

19

20

21

22

23

24

25

26

27

28

29

30

31

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