HOUSE AMENDMENT
Bill No. HB 141 Barcode 084865
Amendment No. 2 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Child & Family Security offered the
12 following:
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14 Amendment
15 On page 20, lines 1-29,
16 remove from the bill: those lines
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18 and insert in lieu thereof:
19 (2) If a court finds that a consent to adoption or an
20 affidavit of nonpaternity taken under this chapter was
21 obtained by fraud or under duress attributable to the adoption
22 entity, the court must award all sums paid by the prospective
23 adoptive parents or on their behalf in anticipation of or in
24 connection with the adoption. the court may also award
25 reasonable attorney's fees and costs incurred by the
26 prospective adoptive parents in connection with the adoption
27 and any litigation related to placement or adoption of a
28 minor. The court must award reasonable attorney's fees and
29 costs, if any, incurred by the person whose consent or
30 affidavit was obtained by fraud or under duress. Any award
31 under this subsection to the prospective adoptive parents or
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File original & 9 copies 02/13/01
hcf0003 10:48 am 00141-cfs -084865
HOUSE AMENDMENT
Bill No. HB 141 Barcode 084865
Amendment No. 2 (for drafter's use only)
1 to the person whose consent or affidavit was obtained by fraud
2 or under duress must be paid directly to them by the adoption
3 entity or by any applicable insurance carrier on behalf of the
4 adoption entity.
5 (3) If a person whose consent to an adoption is
6 required under s. 63.062 prevails in an action to set aside a
7 judgment terminating parental rights pending adoption, or a
8 judgment of adoption, the court must award reasonable
9 attorney's fees and costs to the prevailing party. An award
10 under this subsection must be paid by the adoption entity or
11 by any applicable insurance carrier on behalf of the adoption
12 entity if the court finds that the acts or omissions of the
13 entity were the basis for the court's order granting relief to
14 the prevailing party.
15 (4) The Clerk of the Court must forward to: (a) The
16 Florida Bar any order that imposes sanctions under this
17 section against an attorney acting as an adoption entity; (b)
18 the Department of Children and Family Services any order that
19 imposes sanctions under this section against a licensed
20 child-placing agency or a child-placing agency licensed in
21 another state that is qualified by the department; and (c) The
22 entity under s. 409.176(5) that certifies child-caring
23 agencies any order that imposes sanctions under this section
24 against a child-caring agency registered under s. 409.176. The
25 order must be forwarded within 30 days after the date that the
26 order was issues.
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File original & 9 copies 02/13/01
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