House Bill hb0141

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    Florida House of Representatives - 2001                 HB 141

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

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

  4         to the petition and grounds for terminating

  5         parental rights and powers of disposition;

  6         removing authority of licensed child-placing

  7         agencies to file actions to terminate parental

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

  9         additional requirements for a petition for

10         adoption; prohibiting filing such petition

11         until the order terminating parental rights is

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

13         legislative intent with respect to adoptions;

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

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

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

17         F.S.; providing exemptions from certain

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

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

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

21         an adoption entity to prospective adoptive

22         parents; providing sanctions and an award of

23         attorney's fees under certain circumstances;

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

25         provisions relating to grandparent's right to

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

27         placement of a minor pending adoption;

28         specifying the jurisdiction of the court over a

29         minor placed for adoption; amending s. 63.062,

30         F.S.; specifying additional persons who must

31         consent to an adoption, execute an affidavit of

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  1         nonpaternity, or receive notice of proceedings

  2         to terminate parental rights; providing for

  3         form and content of affidavit of nonpaternity;

  4         providing for notice of the right to select a

  5         witness; providing a form for waiver of venue;

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

  7         and form for executing a consent to an

  8         adoption; making such requirements applicable

  9         to affidavit of nonpaternity; providing a

10         revocation period and requirements for

11         withdrawing consent; providing additional

12         disclosure requirements; revising requisite

13         history form to include social history;

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

15         information that must be disclosed to persons

16         seeking to adopt a minor and to the parents;

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

18         separate proceeding be conducted by the court

19         to determine whether a parent's parental rights

20         should be terminated; providing for rules,

21         jurisdiction, and venue for such proceedings;

22         providing requirements for the petition and

23         hearing; requiring notification to

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

25         providing diligent search and court inquiry

26         requirements for identifying and locating a

27         person who is required to consent to an

28         adoption or receive notice of proceedings to

29         terminate parental rights; providing notice

30         requirements including notice by constructive

31         service; providing that failure to respond or

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  1         appear constitutes grounds to terminate

  2         parental rights pending adoption; creating s.

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

  4         proceedings to terminate parental rights

  5         pending adoption; specifying grounds upon which

  6         parental rights may be terminated; providing

  7         for finding of abandonment; providing for

  8         dismissal of petition procedures; providing for

  9         post-judgment relief; providing for

10         confidentiality of records; amending s. 63.092,

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

12         placement before termination of parental

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

14         requirements to provide for allowable and

15         prohibited fees and costs; amending s. 63.102,

16         F.S.; revising requirements for filing a

17         petition for adoption; providing requirements

18         for prior approval of fees and costs; revising

19         requirements for declaratory statement as to

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

21         revising requirements for form and content of a

22         petition for adoption; amending s. 63.122,

23         F.S.; revising the time requirements for

24         hearing a petition for adoption; amending s.

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

26         the final home investigation; amending s.

27         63.132, F.S.; revising requirements for

28         affidavit of expenses and receipts; requiring

29         separate court order approving fees, costs, and

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

31         circumstances under which a judgment

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  1         terminating parental rights pending adoption is

  2         voidable; providing for an evidentiary hearing

  3         to determine the minor's placement following a

  4         motion to void such a judgment; amending s.

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

  6         confidential records of adoption proceedings;

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

  8         Department of Children and Family Services

  9         maintain certain information in the state

10         registry of adoption information for a

11         specified period; amending s. 63.182, F.S.;

12         providing a 1-year statute of repose for

13         actions to set aside or vacate a judgment of

14         adoption or a judgment terminating parental

15         rights pending adoption; providing a 2-year

16         statute of repose for an action in fraud to set

17         aside or vacate a judgment of adoption or a

18         judgment terminating parental rights; amending

19         s. 63.202, F.S.; conforming provisions relating

20         to agencies authorized to place minors for

21         adoption; amending s. 63.207, F.S.; revising

22         provisions that limit the placement of a minor

23         in another state for adoption; amending s.

24         63.212, F.S.; revising provisions relating to

25         prohibitions and penalties with respect to

26         adoptions; amending s. 63.219, F.S.; conforming

27         provisions relating to sanctions; creating s.

28         63.2325, F.S.; providing conditions for

29         revocation of a consent to adoption or

30         affidavit of nonpaternity; amending ss. 984.03,

31         985.03, F.S.; conforming cross-references;

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  1         repealing s. 63.072, F.S., relating to persons

  2         who may waive required consent to an adoption;

  3         requiring that a petition for adoption be

  4         governed by the law in effect at the time the

  5         petition is filed; providing for severability;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Section 39.703, Florida Statutes, is

11  amended to read:

12         39.703  Initiation of termination of parental rights

13  proceedings; judicial review.--

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

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

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

17  their responsibilities as specified in the written case plan

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

19  shall state its intent to initiate proceedings to terminate

20  parental rights, unless the social service agency can

21  demonstrate to the court that such a recommendation would not

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

23  department or licensed child-placing agency to initiate

24  proceedings to terminate parental rights, the department or

25  licensed child-placing agency shall file a petition for

26  termination of parental rights no later than 3 months after

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

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

29  licensed child-placing agency shall provide a written report

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

31

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

  2  anticipated date of completion of the process.

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

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

  5  the parents, the department social service agency shall

  6  initiate termination of parental rights proceedings under this

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

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

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

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

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

12  detailed findings justifying the decision to extend, as well

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

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

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

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

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

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

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

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

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

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

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

24  initiate termination of parental rights proceedings at the

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

26  such review does not prohibit initiating termination of

27  parental rights proceedings at any other time.

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

29  Florida Statutes, are amended to read:

30         39.802  Petition for termination of parental rights;

31  filing; elements.--

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  1         (1)  All proceedings seeking an adjudication to

  2  terminate parental rights pursuant to this chapter must be

  3  initiated by the filing of an original petition by the

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

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

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

  7  true.

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

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

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

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

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

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

14  Statutes, is amended to read:

15         39.806  Grounds for termination of parental rights.--

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

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

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

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

20  of parental rights under any of the following circumstances:

21         (a)  When the parent or parents have voluntarily

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

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

24  department or to a licensed child-placing agency for

25  subsequent adoption and the department or licensed

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

27  child.

28         1.  The surrender document must be executed before two

29  witnesses and a notary public or other person authorized to

30  take acknowledgments.

31

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  1         2.  The surrender and consent may be withdrawn after

  2  acceptance by the department or licensed child-placing agency

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

  4  consent were obtained by fraud or under duress.

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

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

  7  cannot be ascertained by diligent search within 60 days.

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

  9  toward the child or toward other children that demonstrates

10  that the continuing involvement of the parent or parents in

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

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

13  child irrespective of the provision of services. Provision of

14  services may be evidenced by proof that services were provided

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

16  welfare agency.

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

18  state or federal correctional institution and either:

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

20  to be incarcerated will constitute a substantial portion of

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

22  years;

23         2.  The incarcerated parent has been determined by the

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

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

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

27  been convicted of first degree or second degree murder in

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

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

30  or has been convicted of an offense in another jurisdiction

31  which is substantially similar to one of the offenses listed

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

  2  "substantially similar offense" means any offense that is

  3  substantially similar in elements and penalties to one of

  4  those listed in this subparagraph, and that is in violation of

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

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

  7  possession or territory thereof, or any foreign jurisdiction;

  8  or

  9         3.  The court determines by clear and convincing

10  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

19  substantially comply for a period of 12 months after an

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

21  placement into shelter care, whichever came first, constitutes

22  evidence of continuing abuse, neglect, or abandonment unless

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

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

25  the failure of the department to make reasonable efforts to

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

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

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

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

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

31  reunification with the parent, whichever came first.

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

  2  conduct or had the opportunity and capability to prevent and

  3  knowingly failed to prevent egregious conduct that threatens

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

  5  the child or the child's sibling.

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

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

  8  parent or parents regardless of whether the child is related

  9  legally or by consanguinity.

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

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

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

13  or outrageous by a normal standard of conduct. Egregious

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

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

16  endanger the life of the child.

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

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

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

20  chronic abuse.

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

22  or voluntary manslaughter of another child, or a felony

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

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

25  solicited to commit such a murder or voluntary manslaughter or

26  felony assault.

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

28  sibling have been terminated involuntarily.

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

30  Florida Statutes, are amended to read:

31         39.811  Powers of disposition; order of disposition.--

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

  2  and the court finds that the grounds for termination of

  3  parental rights have been established by clear and convincing

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

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

  6  for the purpose of adoption.

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

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

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

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

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

12  identifies the permanency goal for the child. Reasonable

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

14  accordance with the permanency plan and to complete whatever

15  steps are necessary to finalize the permanent placement of the

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

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

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

19  intervals to review the progress being made toward permanency

20  for the child.

21         Section 5.  Section 39.812, Florida Statutes, is

22  amended to read:

23         39.812  Postdisposition relief; petition for

24  adoption.--

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

26  department which is given custody of a child for subsequent

27  adoption in accordance with this chapter, the department may

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

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

30  family home for prospective subsequent adoption., and the

31  licensed child-placing agency or The department may thereafter

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

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

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

  4  shall in all cases be sufficient.

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

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

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

  8  any time after the order terminating parental rights is

  9  entered of the whereabouts of the child or of the identity or

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

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

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

13  other proceeding involving the child brought by any parent of

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

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

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

17  the child before a court of competent jurisdiction if the

18  child is still subject to the guardianship of the licensed

19  child-placing agency or department.

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

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

22  licensed child-placing agency or department to guardianship of

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

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

25  the person of the child.

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

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

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

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

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

31  court has jurisdiction for the purpose of reviewing the status

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  1  of the child and the progress being made toward permanent

  2  adoptive placement. As part of this continuing jurisdiction,

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

  4  the court may review the appropriateness of the adoptive

  5  placement of the child.

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

  7  division of the circuit court which entered the judgment

  8  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

15  if such information is available or readily obtainable. The

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

17  adoption until the judgment terminating parental rights

18  becomes final. An adoption proceeding under this subsection is

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

20         Section 6.  Section 63.022, Florida Statutes, is

21  amended to read:

22         63.022  Legislative intent.--

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

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

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

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

27  possible, to maintain sibling groups.

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

29  this chapter act are that:

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

31

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

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

  3  court.

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

  5  court considers the reports of these studies prior to judgment

  6  on adoption petitions.

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

  8  to the Department of Children and Family Services.

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

10  the minor child has lived within the proposed adoptive home

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

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

13  agency.

14         (f)  All expenditures by adoption entities

15  intermediaries placing, and persons independently adopting, a

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

17  in the file of the adoption proceedings.

18         (g)  Social and medical information concerning the

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

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

21  hearing on a petition to terminate parental rights pending

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

23  intermediary.

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

25  the adoption judgment.

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

27  authorized to order temporary substitute care when it

28  determines that the minor is in an unsuitable home.

29         (j)  The records of all proceedings concerning custody

30  and adoption of a minor children are confidential and exempt

31

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

  2  63.162.

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

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

  5  guidance, counseling, and supervision in all adoptions an

  6  intermediary adoption as they receive in an agency or

  7  department adoption.

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

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

10  orders as it deems necessary and suitable to promote and

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

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

13  where termination of parental rights occurs, and siblings are

14  separated despite diligent efforts of the department,

15  continuing postadoption communication or contact among the

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

17  best interests of the children.

18         Section 7.  Section 63.032, Florida Statutes, is

19  amended to read:

20         63.032  Definitions.--As used in this chapter act,

21  unless the context otherwise requires, the term:

22         (1)(14)  "Abandoned" means a situation in which the

23  parent or person having legal custody legal custodian of a

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

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

26  which situation is sufficient to evince a willful rejection of

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

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

29  child legal custodian to support and communicate with the

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

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

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

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

  3  mother during her pregnancy.

  4         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

  9  child born to such adoptive parents in lawful wedlock.

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

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

12  intermediary.

13         (4)(5)  "Adult" means a person who is not a minor.

14         (5)(7)  "Agency" means any child-placing agency

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

16  minors for adoption.

17         (6)(2)  "Child" means a son or daughter, whether by

18  birth or adoption.

19         (7)(3)  "Court" means any circuit court of this state

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

21  empowered to grant petitions for adoption.

22         (8)(1)  "Department" means the Department of Children

23  and Family Services.

24         (9)(8)  "Intermediary" means an attorney or physician

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

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

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

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

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

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

31  39.01.

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  1         (11)(4)  "Minor" means a person under the age of 18

  2  years.

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

  4  39.01.

  5         (13)(6)  "Person" includes a natural person,

  6  corporation, government or governmental subdivision or agency,

  7  business trust, estate, trust, partnership, or association,

  8  and any other legal entity.

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

10  39.01.

11         (15)(9)  "To place" or "placement" means the process of

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

13  parents receiving and adopting the child, and includes all

14  actions by any person or adoption entity agency participating

15  in the process.

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

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

18  residence and place of employment in Florida."

19         (17)(12)  "Primary residence and place of employment in

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

21  6 months of the year and intends to do so for the foreseeable

22  future or military personnel who designate Florida as their

23  place of residence in accordance with the Soldiers' and

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

25  States Department of State living in a foreign country who

26  designate Florida as their place of residence.

27         (18)(11)  "Suitability of the intended placement"

28  includes the fitness of the intended placement, with primary

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

30  fitness and capabilities of the adoptive parent or parents to

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

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  1  familial relationship between the child and the prospective

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

  3  which the child is intended to be placed.

  4         Section 8.  Section 63.037, Florida Statutes, is

  5  created to read:

  6         63.037  Proceedings applicable to cases resulting from

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

  8  which a minor becomes available for adoption after the

  9  parental rights of each parent have been terminated by a

10  judgment entered pursuant to chapter 39 shall be governed by

11  s. 39.812 and this chapter. Adoption proceedings initiated

12  under chapter 39 are exempt from the following provisions of

13  this chapter: disclosure requirements for the adoption entity

14  provided in s. 63.085; general provisions governing

15  termination of parental rights pending adoption provided in s.

16  63.087; notice and service provisions governing termination of

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

18  procedures for terminating parental rights pending adoption

19  provided in s. 63.089.

20         Section 9.  Section 63.039, Florida Statutes, is

21  created to read:

22         63.039  Duty of adoption entity to prospective adoptive

23  parents; sanctions.--

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

25  has an affirmative duty to follow the requirements of this

26  chapter and specifically the following provisions, which

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

28  and their parents and prospective adoptive parents by

29  promoting certainty, finality, and permanency for such

30  persons. The adoption entity must:

31

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  1         (a)  Provide written initial disclosure to the

  2  prospective adoptive parent at the time and in the manner

  3  required under s. 63.085.

  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. An award under this

10  subsection must be paid directly to the prospective adoptive

11  parents by the adoption entity or by any applicable insurance

12  carrier on behalf of the adoption entity.

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

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

15  consent to adoption, a judgment terminating parental rights

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

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

18  award under this subsection must be paid by the adoption

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

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

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

22  relief to the prevailing party.

23         (4)  The court must provide to The Florida Bar any

24  order that imposes sanctions under this section against an

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

26  The court must provide to the Department of Children and

27  Family Services any order that imposes sanctions under this

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

29  30 days after the date that the order was issued.

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

31  Statutes, is amended to read:

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  1         63.0425  Grandparent's right to adopt.--

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

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

  4  agency or intermediary handling the adoption shall notify that

  5  grandparent of the impending adoption before the petition for

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

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

  8  adoption to that grandparent.

  9         Section 11.  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 12.  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         (2)  Any person whose consent is required under

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

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

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

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

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

24  receive disclosure under s. 63.085 prior to signing the

25  affidavit.

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

27  affidavit of nonpaternity must be given reasonable notice of

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

29  employment, professional, or personal relationship with the

30  adoption entity or the prospective adoptive parents to be

31  present when the consent to adoption or affidavit of

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  1  nonpaternity is executed and to sign the consent or affidavit

  2  as a witness.

  3         (4)  An affidavit of nonpaternity must be in

  4  substantially the following form:

  5

  6                    AFFIDAVIT OF NONPATERNITY

  7

  8              1.  I have personal knowledge of the facts

  9         stated in this affidavit.

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

11         child. I shall not establish or claim paternity

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

13         date of birth is ....

14              3.  The child referenced in this affidavit

15         was not conceived or born while the birth

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

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

18         birth mother.

19              4.  With respect to the child referenced

20         in this affidavit, I have not provided the

21         birth mother with child support or prebirth

22         support; I have not provided her with prenatal

23         care or assisted her with medical expenses; I

24         have not provided the birth mother or her child

25         or unborn child with support of any kind, nor

26         do I intend to do so.

27              5.  I have no interest in assuming the

28         responsibilities of parenthood for this child.

29         I will not acknowledge in writing that I am the

30         father of this child or institute court

31         proceedings to establish the child as mine.

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  1              6.  I do not object to any decision or

  2         arrangements .... makes regarding this child,

  3         including adoption.

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

  5         a person who does not have an employment,

  6         professional, or personal relationship with the

  7         adoption entity or the prospective adoptive

  8         parents to be present when this affidavit is

  9         executed and to sign it as a witness.

10

11         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

12         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

13         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

14

15         (5)(2)  The court may require that consent be executed

16  by:

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

18  minor; or

19         (b)  The court having jurisdiction to determine custody

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

21  minor has no authority to consent to the adoption.

22         (6)(3)  The petitioner must make good faith and

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

24  obtain written consent from, the persons required to consent

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

26  petition. These efforts may include conducting interviews and

27  record searches to locate those persons, including verifying

28  information related to location of residence, employment,

29  service in the Armed Forces, vehicle registration in this

30  state, and corrections records.

31

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  1         (7)(4)  If parental rights to the minor have previously

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

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

  4  department with which the minor child has been placed for

  5  subsequent adoption may provide consent to the adoption.  In

  6  such case, no other consent is required.

  7         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

13  provided in this chapter section.

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

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

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

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

18  must obtain, from any party executing an affidavit of

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

20  filed with the petition and must be in substantially the

21  following form:

22

23                         WAIVER OF VENUE

24

25

26         I understand that I have the right to require

27         that the Petition to terminate my parental

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

29         waive such right so that the Petition to

30         Terminate Parental Rights may be filed by

31

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

  2         county, Florida.

  3

  4         I understand that, after signing this waiver, I

  5         may object to the county where the proceedings

  6         to terminate my parental rights will be held by

  7         appearing at the hearing or by filing a written

  8         objection, on the attached form, with the Clerk

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

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

11         of venue, the case will be transferred to a

12         county in Florida in which I reside if I intend

13         to assert legally recognized grounds to contest

14         a termination of parental rights. If I have no

15         such residence, the case will be transferred to

16         a county where another parent resides or where

17         at least one parent resided at the time of

18         signing a consent or affidavit of nonpaternity.

19

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

21  containing no consents, disclosures, or other information

22  unrelated to venue.

23         2.  Adoption entities must attach to the waiver of

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

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

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

27  termination of parental rights and information identifying the

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

29  the form upon receipt.

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

31  entity knows that a parent whose rights will be terminated

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  1  intends to object to the termination but intentionally files

  2  the petition for termination of parental rights in a county

  3  which is not consistent with the required venue under such

  4  circumstances, the adoption entity shall be responsible for

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

  6  venue.

  7         Section 13.  Section 63.082, Florida Statutes, is

  8  amended to read:

  9         63.082  Execution of consent to adoption or affidavit

10  of nonpaternity; family social and medical history; withdrawal

11  of consent.--

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

13  nonpaternity shall be executed as follows:

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

15  statement in the presence of the court or by being

16  acknowledged before a notary public.

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

18  representative.

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

20  court or by affidavit.

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

22  certificate of the court.

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

24  the adopting parent is valid if the consent contains a

25  statement by the person consenting that the consent was

26  voluntarily executed and that identification of the adopting

27  parent is not required for granting the consent.

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

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

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

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

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  1  the forms promulgated by the department completed by the birth

  2  parents must be attached to the petition to terminate parental

  3  rights pending adoption and must contain such biological and

  4  sociological information, or such information as to the family

  5  medical history, regarding the minor child and the birth

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

  7  must be incorporated into the final home investigation report

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

  9  require that the birth mother be interviewed by a

10  representative of the department, a licensed child-placing

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

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

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

14  statement that the parent is unlocated or unidentified, must

15  be filed with the petition to terminate parental rights

16  pending adoption and included in the final home investigation

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

18  the court for good cause.

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

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

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

22  must be attached to the petition to terminate parental rights

23  pending adoption and must be accompanied by a family medical

24  history that includes such information concerning the medical

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

26  readily obtainable.

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

28  history is unavailable because the person whose consent is

29  required cannot be located or identified, the petition to

30  terminate parental rights pending adoption must be accompanied

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

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

  2  nonpaternity shall not for voluntary surrender must be

  3  executed before after the birth of the minor.

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

  5  placed for adoption with identified prospective adoptive

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

  7  licensed hospital or birth center following birth, shall not

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

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

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

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

12  whichever is earlier. A consent executed under this paragraph

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

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

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

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

17  applies.

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

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

20  hospital or birth center following birth, the consent to

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

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

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

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

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

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

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

28  revoke that consent once the child has been surrendered to

29  prospective adoptive parents. The revocation period provided

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

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

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

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

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

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

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

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

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

  8  business addresses and social security numbers, driver's

  9  license numbers, or state identification card numbers must be

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

11  license number, or state identification card number shall not

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

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

14  the witnesses be an individual who does not have an

15  employment, professional, or personal relationship with the

16  adoption entity or the prospective adoptive parents. The

17  adoption entity must give reasonable notice to the person

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

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

20  consent or affidavit must acknowledge in writing on the

21  consent or affidavit that such notice was given and indicate

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

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

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

25  or affidavit of nonpaternity.

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

27  16-point boldfaced type, an acknowledgment of the parent's

28  rights in substantially the following form:

29

30         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

31         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

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  1         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

  2         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

  3         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

  5         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

  6         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

  7         OR WITNESSES YOU SELECTED, IF ANY.

  8

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

10         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

11         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

12

13              1.  CONSULT WITH AN ATTORNEY;

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

15              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

16         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

17         WILLING TO CARE FOR THE CHILD;

18              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

19         LEGALLY PROHIBITED; AND

20              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

21         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

22         THROUGH WITH THE ADOPTION.

23

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

25         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

26         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

28         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

29         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

30         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

31         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

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  1         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

  2         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

  3         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

  4         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

  6         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

  7         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

  8         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

  9         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

10         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

11         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

12

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

14         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

15         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

16         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

17         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

18         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

20         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

21         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

22         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

23         TO THE PLACEMENT OF THE CHILD WITH THE

24         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

25         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

26         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

27         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

28         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

29         LATER.

30

31

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  1         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

  2         PERIOD, YOU MUST:

  3              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

  4         A LETTER, THAT YOU ARE WITHDRAWING YOUR

  5         CONSENT.

  6              2.  MAIL THE LETTER AT A UNITED STATES

  7         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

  8         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

  9         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

10         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

11         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

12         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

13         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

14              3.  SEND THE LETTER BY CERTIFIED UNITED

15         STATES MAIL WITH RETURN RECEIPT REQUESTED.

16              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

17         THE LETTER.

18              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

19         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

20         MANNER.

21

22         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

23         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

24         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

25         IN WRITING BY CERTIFIED UNITED STATES MAIL,

26         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

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

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

30

31

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  1         ONCE THE REVOCATION PERIOD IS OVER, OR THE

  2         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

  3         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

  4         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

  5         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

  6         FRAUD OR UNDER DURESS.

  7

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

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

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

11  be met.

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

13  termination of parental rights pending adoption must be

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

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

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

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

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

19  provided as required in this subsection, the adoption entity

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

21  is undeliverable. The original consent and acknowledgment of

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

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

24  undeliverable must be filed with the petition for termination

25  of parental rights pending adoption.

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

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

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

29  notifying the adoption entity in writing by certified United

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

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

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

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

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

  4  which the United States Postal Service accepts certified mail

  5  for delivery.

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

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

  8  adoption entity must contact the prospective adoptive parent

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

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

11  emergency hearing by the adoption entity, the court determines

12  in written findings that placement of the minor with the

13  person withdrawing consent may endanger the minor.

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

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

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

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

18  is appropriate, whether an investigation by the department is

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

20  available for the temporary placement.

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

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

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

24  court may order scientific paternity testing and reserve

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

26  testing have been filed with the court.

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

28  days after notification of the withdrawal of consent or after

29  the court determines that withdrawal is valid and binding upon

30  consideration of an emergency motion, as filed pursuant to

31

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

  2  withdrawing consent.

  3         (f)  Following the revocation period for withdrawal of

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

  5  child with the prospective adoptive parents, whichever occurs

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

  7  the consent was obtained by fraud or under duress.

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

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

10  under duress.

11         Section 14.  Section 63.085, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

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

15         63.085  Disclosure by adoption entity.--

16         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

19  for adoption contacts an adoption entity in person or provides

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

21  provide a written disclosure statement to that person if the

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

23  adoption entity is assisting in the effort to terminate the

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

25  with the adoption entity, the written disclosure must be

26  provided within 7 days after that parent is identified and

27  located. The written disclosure statement must be in

28  substantially the following form:

29

30                       ADOPTION DISCLOSURE

31

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  1         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

  2         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

  3         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

  4         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

  5         ADOPTION UNDER FLORIDA LAW:

  6

  7              1.  Under section 63.102, Florida

  8         Statutes, the existence of a placement or

  9         adoption contract signed by the parent or

10         prospective adoptive parent, prior approval of

11         that contract by the court, or payment of any

12         expenses permitted under Florida law does not

13         obligate anyone to sign a consent or ultimately

14         place a minor for adoption.

15              2.  Under sections 63.092 and 63.125,

16         Florida Statutes, a favorable preliminary home

17         study, before the minor may be placed in that

18         home, and a final home investigation, before

19         the adoption becomes final, must be completed.

20              3.  Under section 63.082, Florida

21         Statutes, a consent to adoption or affidavit of

22         nonpaternity may not be signed until after the

23         birth of the minor.

24              4.  Under section 63.082, Florida

25         Statutes, if the minor is to be placed for

26         adoption with identified prospective adoptive

27         parents upon release from a licensed hospital

28         or birth center following birth, the consent to

29         adoption may not be signed until 48 hours after

30         birth or until the day the birth mother has

31         been notified in writing, either on her patient

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

  2         be released from the licensed hospital or birth

  3         center, whichever is sooner. The consent to

  4         adoption or affidavit of nonpaternity is valid

  5         and binding upon execution unless the court

  6         finds it was obtained by fraud or under duress.

  7              5.  Under section 63.082, Florida

  8         Statutes, if the minor is not placed for

  9         adoption with the prospective adoptive parent

10         upon release from the hospital or birth center

11         following birth, a 3-day revocation period

12         applies during which consent may be withdrawn

13         for any reason by notifying the adoption entity

14         in writing. In order to withdraw consent, the

15         written withdrawal of consent must be mailed at

16         a United States Post Office no later than 3

17         business days after execution of the consent or

18         1 business day after the date of the birth

19         mother's discharge from a licensed hospital or

20         birth center, whichever occurs later. For

21         purposes of mailing the withdrawal of consent,

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

23         the United States Postal Service accepts

24         certified mail for delivery. The letter must be

25         sent by certified United States mail, return

26         receipt requested. Postal costs must be paid at

27         the time of mailing and the receipt should be

28         retained as proof that consent was withdrawn in

29         a timely manner.

30              6.  Under section 63.082, Florida

31         Statutes, and notwithstanding the revocation

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  1         period, the consent may be withdrawn at any

  2         time prior to the placement of the child with

  3         the prospective adoptive parent, by notifying

  4         the adoption entity in writing by certified

  5         United States mail, return receipt requested. 

  6              7.  Under section 63.082, Florida

  7         Statutes, if an adoption entity timely receives

  8         written notice from a person of that person's

  9         desire to withdraw consent, the adoption entity

10         must contact the prospective adoptive parent to

11         arrange a time certain to regain physical

12         custody of the child. Absent a court order for

13         continued placement of the child entered under

14         section 63.082, Florida Statutes, the adoption

15         entity must return the minor within 3 days

16         after notification of the withdrawal of consent

17         to the physical custody of the person

18         withdrawing consent. After the revocation

19         period for withdrawal of consent ends, or after

20         the placement of the child with prospective

21         adoptive parent, whichever occurs later, the

22         consent may be withdrawn only if the court

23         finds that the consent was obtained by fraud or

24         under duress.

25              8.  Under section 63.082, Florida

26         Statutes, an affidavit of nonpaternity, once

27         executed, may be withdrawn only if the court

28         finds that it was obtained by fraud or under

29         duress.

30              9.  Under section 63.082, Florida

31         Statutes, a person who signs a consent to

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  1         adoption or an affidavit of nonpaternity must

  2         be given reasonable notice of his or her right

  3         to select a person who does not have an

  4         employment, professional, or personal

  5         relationship with the adoption entity or the

  6         prospective adoptive parents to be present when

  7         the consent or affidavit is executed and to

  8         sign the consent or affidavit as a witness.

  9              10.  Under section 63.088, Florida

10         Statutes, specific and extensive efforts are

11         required by law to attempt to obtain the

12         consents required under section 63.062, Florida

13         Statutes. If these efforts are unsuccessful,

14         the court may not enter a judgment terminating

15         parental rights pending adoption until certain

16         requirements have been met.

17              11.  Under Florida law, an intermediary

18         may represent the legal interests of only the

19         prospective adoptive parents. Each person whose

20         consent to an adoption is required under

21         section 63.062, Florida Statutes, is entitled

22         to seek independent legal advice and

23         representation before signing any document or

24         surrendering parental rights.

25              12.  Under section 63.182, Florida

26         Statutes, an action or proceeding of any kind

27         to vacate, set aside, or otherwise nullify a

28         judgment of adoption or an underlying judgment

29         terminating parental rights pending adoption,

30         on any ground, including duress but excluding

31         fraud, must be filed within 1 year after entry

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  1         of the judgment terminating parental rights

  2         pending adoption. Such an action or proceeding

  3         for fraud must be filed within 2 years after

  4         entry of the judgment terminating parental

  5         rights.

  6              13.  Under section 63.089, Florida

  7         Statutes, a judgment terminating parental

  8         rights pending adoption is voidable and any

  9         later judgment of adoption of that minor is

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

11         court finds that any person knowingly gave

12         false information that prevented the parent

13         from timely making known his or her desire to

14         assume parental responsibilities toward the

15         minor or to exercise his or her parental

16         rights. The motion must be filed with the court

17         that originally entered the judgment. The

18         motion must be filed within a reasonable time,

19         but not later than 2 years after the date the

20         judgment to which the motion is directed was

21         entered.

22              14.  Under section 63.165, Florida

23         Statutes, the State of Florida maintains a

24         registry of adoption information. Information

25         about the registry is available from the

26         Department of Children and Family Services.

27              15.  Under section 63.032, Florida

28         Statutes, a court may find that a parent has

29         abandoned his or her child based on conduct

30         during the pregnancy or based on conduct after

31         the child is born. In addition, under section

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  1         63.089, Florida Statutes, the failure of a

  2         parent to respond to notices of proceedings

  3         involving his or her child shall result in

  4         termination of parental rights of a parent. A

  5         lawyer can explain what a parent must do to

  6         protect his or her parental rights. Any parent

  7         wishing to protect his or her parental rights

  8         should act IMMEDIATELY.

  9              16.  Each parent and prospective adoptive

10         parent is entitled to independent legal advice

11         and representation. Attorney information may be

12         obtained from the yellow pages, The Florida

13         Bar's lawyer referral service, and local legal

14         aid offices and bar associations.

15              17.  Counseling services may be helpful

16         while making a parenting decision. Consult the

17         yellow pages of the telephone directory.

18              18.  Medical and social services support

19         is available if the parent wishes to retain

20         parental rights and responsibilities. Consult

21         the Department of Children and Family Services.

22              19.  Under section 63.039, Florida

23         Statutes, an adoption entity has certain legal

24         responsibilities and may be liable for damages

25         to persons whose consent to an adoption is

26         required or to prospective adoptive parents for

27         failing to materially meet those

28         responsibilities. Damages may also be recovered

29         from an adoption entity if a consent to

30         adoption or affidavit of nonpaternity is

31

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  1         obtained by fraud or under duress attributable

  2         to an adoption entity.

  3              20.  Under section 63.097, Florida

  4         Statutes, reasonable living expenses of the

  5         birth mother may be paid by the prospective

  6         adoptive parents and the adoption entity only

  7         if the birth mother is unable to pay due to

  8         unemployment, underemployment, or disability.

  9         The law also allows payment of reasonable and

10         necessary medical expenses, expenses necessary

11         to comply with the requirements of chapter 63,

12         Florida Statutes, court filing expenses, and

13         costs associated with advertising. Certain

14         documented legal, counseling, and other

15         professional fees may be paid. Prior approval

16         of the court is not required until the

17         cumulative total of amounts permitted exceeds

18         $2,500 in legal or other fees, $500 in court

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

20         cumulative expenses incurred prior to the date

21         the prospective adoptive parent retains the

22         adoption entity. The following fees, costs, and

23         expenses are prohibited:

24              a.  Any fee or expense that constitutes

25         payment for locating a minor for adoption.

26              b.  Any lump-sum payment to the entity

27         which is nonrefundable directly to the payor or

28         which is not itemized on the affidavit.

29              c.  Any fee on the affidavit which does

30         not specify the service that was provided and

31

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

  2         fee for facilitation or acquisition.

  3

  4         The court may reduce amounts charged or refund

  5         amounts that have been paid if it finds that

  6         these amounts were more than what was

  7         reasonable or allowed under the law.

  8              21.  Under section 63.132, Florida

  9         Statutes, the adoption entity and the

10         prospective adoptive parents must sign and file

11         with the court a written statement under oath

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

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

14         prospective adoptive parents and any adoption

15         entity in connection with the adoption. The

16         affidavit must state whether any of the

17         expenses were eligible to be paid for by any

18         other source.

19              22.  Under section 63.132, Florida

20         Statutes, the court order approving the money

21         spent on the adoption must be separate from the

22         judgment making the adoption final. The court

23         may approve only certain costs and expenses

24         allowed under section 63.097, Florida Statutes.

25         The court may approve only fees that are

26         allowed under law and that it finds to be

27         "reasonable." A good idea of what is and is not

28         allowed to be paid for in an adoption can be

29         determined by reading sections 63.097 and

30         63.132, Florida Statutes.

31

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

  2  must obtain a written statement acknowledging receipt of the

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

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

  5  obtain such an acknowledgment, the adoption entity must

  6  execute an affidavit stating why an acknowledgment could not

  7  be obtained. If the disclosure was delivered by certified

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

  9  signed by the person from whom acknowledgment is required is

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

11  of the acknowledgment of receipt of the disclosure must be

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

13  acknowledgment or affidavit executed by the adoption entity in

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

15  the adoption entity. The original acknowledgment or affidavit

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

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

18  affidavit must be included in the preliminary home study

19  required in s. 63.092.

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

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

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

23  making certain disclosures to a parent and obtaining a written

24  acknowledgment of receipt must be repeated.

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

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

27  for revocation of a consent to adoption or affidavit of

28  nonpaternity unless the extent and circumstances of such a

29  failure result in a material failure of fundamental fairness

30  in the administration of due process, or the failure

31

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  1  constitutes or contributes materially to fraud or duress in

  2  obtaining a consent to adoption or affidavit of nonpaternity.

  3         Section 15.  Section 63.087, Florida Statutes, is

  4  created to read:

  5         63.087  Proceeding to terminate parental rights pending

  6  adoption; general provisions.--

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

  8  a court determine whether a minor is legally available for

  9  adoption through a separate proceeding terminating parental

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

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

12  Procedure govern a proceeding to terminate parental rights

13  pending adoption unless otherwise provided by law.

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

15  competent to decide child welfare or custody matters has

16  jurisdiction to hear all matters arising from a proceeding to

17  terminate parental rights pending adoption. All subsequent

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

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

20  who conducted the termination proceedings, if that judge is

21  still available within the division of the court which

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

23  unavailable, by another judge within the division.

24         (4)  VENUE.--

25         (a)  A petition to terminate parental rights pending

26  adoption must be filed:

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

28  previous 6 months;

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

30  not continuously resided in one county for the previous 6

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

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

  2  nonpaternity;

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

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

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

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

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

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

  9  the time of execution of the consent or affidavit of

10  nonpaternity;

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

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

13  resides; or

14         5.  If neither parent resides in the state, in the

15  county where the adoption entity is located.

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

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

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

19  shall determine whether that parent intends to assert legally

20  recognized grounds to contest a termination of parental rights

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

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

23  or, if not, a county where:

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

25  terminated resides;

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

27  execution of a consent or affidavit of nonpaternity; or

28         3.  The adoption entity is located if neither

29  subparagraph 1. nor subparagraph 2. applies.

30

31

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  1  The court shall consider for purposes of selecting venue the

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

  3  contest a termination of parental rights.

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

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

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

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

  8  judge signed the judgment terminating parental rights pending

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

10  the minor has been the subject of a judgment terminating

11  parental rights under chapter 39.

12         (6)  PETITION.--

13         (a)  A proceeding seeking to terminate parental rights

14  pending adoption pursuant to this chapter must be initiated by

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

16  minor.

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

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

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

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

21  63.082 consents in writing to the entity filing the petition.

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

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

24  the Termination of Parental Rights for the Proposed Adoption

25  of a Minor Child."

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

27  consolidated with a previously filed petition for a

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

29  fee may be assessed for both the termination of parental

30  rights and declaratory-statement petitions. 

31

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  1         (e)  The petition to terminate parental rights pending

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

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

  4  petition. A written consent to adoption, affidavit of

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

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

  7  63.062, must be executed and attached.

  8         (f)  The petition must include:

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

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

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

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

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

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

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

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

17  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

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

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

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

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

24  which that city is located.

25         3.  Unless a consent to adoption or affidavit of

26  nonpaternity executed by each person whose consent is required

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

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

29  that city is located, of:

30         a.  The minor's mother;

31

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  1         b.  Any man who the mother reasonably believes may be

  2  the minor's father; and

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

  4  39.01, of the minor.

  5

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

  7  so state.

  8         4.  All information required by the Uniform Child

  9  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

11  which the petition is based.

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

13  adoption entity seeking to place the minor for adoption.

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

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

16  filed.

17         8.  A certification of compliance with the requirements

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

19  adoption.

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

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

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

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

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

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

26  petition constitutes grounds upon which the court may

27  terminate parental rights. Notwithstanding the filing of any

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

29  terminate parental rights pending adoption whose consent to

30  adoption is required under s. 63.062 must:

31

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

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

  3  person may consult with an attorney;

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

  5  the petition; and

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

  7  of any consent or affidavit of nonpaternity signed by any

  8  person.

  9         Section 16.  Section 63.088, Florida Statutes, is

10  created to read:

11         63.088  Proceeding to terminate parental rights pending

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

13         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

16  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

23  the person seeking to place a minor for adoption.

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

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

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

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

28  not executed an affidavit of nonpaternity, and whose location

29  and identity have been determined by compliance with the

30  procedures in this section must be personally served, pursuant

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

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  1  of the petition to terminate parental rights pending adoption

  2  and with notice in substantially the following form:

  3

  4                  NOTICE OF PETITION AND HEARING

  5          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

  6

  7         A petition to terminate parental rights pending

  8         adoption has been filed. A copy of the petition

  9         is being served with this notice. There will be

10         a hearing on the petition to terminate parental

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

12         ... (time) ... before ... (judge) ... at ...

13         (location, including complete name and street

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

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

16         hearing. If you executed a consent or an

17         affidavit of nonpaternity and a waiver of

18         venue, you have the right to request that the

19         termination of parental rights hearing be

20         transferred to the county in which you reside.

21

22         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

23         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

24         THE COURT OR TO APPEAR AT THIS HEARING

25         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

26         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

27         THE MINOR CHILD.

28

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

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

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

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

  2  hearing and likely to have the following information regarding

  3  the identity of:

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

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

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

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

  8  the father of the minor;

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

10  time when conception of the minor may have occurred;

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

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

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

14  pregnancy;

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

16  the birth certificate of the minor or in connection with

17  applying for or receiving public assistance;

18         (f)  Any person who has acknowledged or claimed

19  paternity of the minor; and

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

21  the father.

22

23  The information required under this subsection may be provided

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

25  having personal knowledge of the facts, addressing each

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

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

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

29  required under this subsection may be conducted before the

30  birth of the minor.

31

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

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

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

  4  not executed a consent to adoption or an affidavit of

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

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

  7  diligent search for that person which must include inquiries

  8  concerning:

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

10  address, through an inquiry of the United States Postal

11  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

19  funds have been mailed;

20         (c)  Regulatory agencies, including those regulating

21  licensing in the area where the person last resided;

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

23  such can be reasonably obtained from the petitioner or other

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

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

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

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

28  sisters, aunts, uncles, cousins, nieces, nephews,

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

30  stepparents, and stepchildren;

31

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

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

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

  4  last resided;

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

  6  where the person last resided;

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

  8  person last resided;

  9         (i)  Department of Corrections records in the state

10  where the person last resided;

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

12  resided;

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

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

15  where the person last resided;

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

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

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

19  the area where the person last resided;

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

21  and

22         (o)  Information held by all medical providers who

23  rendered medical treatment or care to the birth mother and

24  child, including the identity and location information of all

25  persons listed by the mother as being financially responsible

26  for the uninsured expenses of treatment or care and all

27  persons who made any such payments.

28

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

30  requesting information pursuant to this subsection must

31  release the requested information to the petitioner or

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

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

  3  diligent search executed by the petitioner and the adoption

  4  entity must be filed with the court confirming completion of

  5  each aspect of the diligent search enumerated in this

  6  subsection and specifying the results. The diligent search

  7  required under this subsection may be conducted before the

  8  birth of the minor.

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

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

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

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

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

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

15  to locate the person. The unlocated or unidentified person

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

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

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

19  notice, in addition to all information required in the

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

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

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

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

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

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

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

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

28  subsection are unknown and cannot be reasonably ascertained,

29  the notice must so state.

30         Section 17.  Section 63.089, Florida Statutes, is

31  created to read:

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  1         63.089  Proceeding to terminate parental rights pending

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

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

  4  pending adoption only after a full evidentiary hearing.

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

  6  hearing only when:

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

  8  required under s. 63.062:

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

10  filed with the court;

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

12  been executed and filed with the court; or

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

14  63.088;

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

16  under ss. 63.087 and 63.088:

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

18  personal service and an affidavit of service has been filed

19  with the court;

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

21  of publication of constructive service and an affidavit of

22  service has been filed with the court; or

23         3.  An affidavit of nonpaternity which affirmatively

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

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

26         (d)  The petition contains all information required

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

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

29  obtained and filed with the court.

30         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

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  1  rights pending adoption if the court determines by clear and

  2  convincing evidence, supported by written findings of fact,

  3  that each person whose consent to adoption is required under

  4  s. 63.062:

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

  6  withdrawn under s. 63.082 and the consent was obtained

  7  according to the requirements of this chapter;

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

  9  affidavit was obtained according to the requirements of this

10  chapter;

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

12  in accordance with the requirements of this chapter and has

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

14  hearing resulting in the judgment terminating parental rights

15  pending adoption;

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

17  in accordance with the requirements of this chapter and has

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

19  minor as defined in s. 63.032;

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

21  parent has been judicially declared incapacitated with

22  restoration of competency found to be medically improbable;

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

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

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

26  after examination of his or her written reasons for

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

28  his or her consent unreasonably;

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

30  in accordance with the requirements of this chapter, but has

31  been found by the court, after examining written reasons for

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  1  the withholding of consent, to be unreasonably withholding his

  2  or her consent; or

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

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

  5  the adoption is excused by reason of prolonged and unexplained

  6  absence, unavailability, incapacity, or circumstances that are

  7  found by the court to constitute unreasonable withholding of

  8  consent.

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

10  resulting in a termination of parental rights must be based

11  upon clear and convincing evidence. A finding of abandonment

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

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

14  abuse to a birth mother during her pregnancy.

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

16  hearing for termination of parental rights pursuant to this

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

18  not inconsistent with this section:

19         1.  Whether the actions alleged to constitute

20  abandonment demonstrate a willful disregard for the safety or

21  welfare of the child or unborn child;

22         2.  Whether other persons prevented the person alleged

23  to have abandoned the child from making the efforts referenced

24  in this subsection;

25         3.  Whether the person alleged to have abandoned the

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

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

28  child;

29         4.  Whether the person alleged to have abandoned the

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

31  when such payment was requested by the person having legal

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

  2  insurance or other available sources;

  3         5.  Whether the amount of support provided or medical

  4  expenses paid was appropriate, taking into consideration the

  5  needs of the child and relative means and resources available

  6  to the person alleged to have abandoned the child and

  7  available to the person having legal custody of the child

  8  during the period the child allegedly was abandoned; and

  9         6.  Whether the person having legal custody of the

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

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

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

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

14  events such as medical appointments and tests relating to the

15  child or, if unborn, the pregnancy.

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

17  child is incarcerated on or after October 1, 2000, in a state

18  or federal correctional institution and:

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

20  to be incarcerated will constitute a substantial portion of

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

22  years;

23         2.  The incarcerated parent has been determined by the

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

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

26  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

29  782.04 or a sexual battery that constitutes a capital, life,

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

31  convicted of an offense in another jurisdiction which is

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  1  substantially similar to one of the offenses listed in this

  2  subparagraph.  As used in this section, the term

  3  "substantially similar offense" means any offense that is

  4  substantially similar in elements and penalties to one of

  5  those listed in this subparagraph, and that is in violation of

  6  a law of any other jurisdiction, whether that of another

  7  state, the District of Columbia, the United States or any

  8  possession or territory thereof, or any foreign jurisdiction;

  9  or

10         3.  The court determines by clear and convincing

11  evidence that continuing the parental relationship with the

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

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

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

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

16  during pregnancy that the court may consider in determining

17  whether the child has been abandoned is conduct that occurred

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

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

20  63.088 have been made to inform the father that he is, or may

21  be, the father of the child.

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

23  court does not find by clear and convincing evidence that

24  parental rights of a parent should be terminated pending

25  adoption, the court must dismiss the petition with prejudice

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

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

28  must include written findings in support of the dismissal,

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

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

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

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

  2  affidavit of nonpaternity that the court finds was obtained by

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

  4  upon written findings providing for the placement of the

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

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

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

  8  regarding the minor must be brought in a separate custody

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

10  or a paternity action under chapter 742.

11         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

12  ADOPTION.--

13         (a)  The judgment terminating parental rights pending

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

15  the grounds for terminating parental rights pending adoption.

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

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

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

19  63.062, and the respondent. The clerk shall execute a

20  certificate of each mailing.

21         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

22  RIGHTS.--

23         (a)  A judgment terminating parental rights pending

24  adoption is voidable and any later judgment of adoption of

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

26  court finds that a person knowingly gave false information

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

28  desire to assume parental responsibilities toward the minor or

29  meeting the requirements under this chapter to exercise his or

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

31  filed with the court originally entering the judgment. The

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

  2  than 2 years after the entry of the judgment terminating

  3  parental rights.

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

  5  under this subsection, the court must conduct a preliminary

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

  7  between a parent and the child pending resolution of the

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

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

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

11  must be issued in writing as expeditiously as possible and

12  must state with specificity any provisions regarding contact

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

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

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

16  scientific testing to determine the paternity of the minor if

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

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

19  determined by legitimacy or scientific testing. The court may

20  order supervised visitation with a person for whom scientific

21  testing for paternity has been ordered. Such visitation shall

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

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

24  the minor.

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

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

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

28  expeditiously as possible thereafter.

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

30  records pertaining to a petition to terminate parental rights

31  pending adoption are related to the subsequent adoption of the

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

  2  confidentiality provisions of this chapter do not apply to the

  3  extent information regarding persons or proceedings must be

  4  made available as specified under s. 63.088.

  5         Section 18.  Section 63.092, Florida Statutes, is

  6  amended to read:

  7         63.092  Report to the court of intended placement by an

  8  adoption entity; at-risk placement intermediary; preliminary

  9  study.--

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

11  intermediary must report any intended placement of a minor for

12  adoption with any person not related within the third degree

13  or a stepparent if the adoption entity intermediary has

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

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

16  the home.

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

18  prospective adoptive home before the parental rights of the

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

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

21  placement, the prospective adoptive parents must acknowledge

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

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

24  is subject to removal from the prospective adoptive home by

25  the adoption entity or by court order.

26         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

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

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

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

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

  3  the minor child be placed in the prospective adoptive home

  4  prior to the completion of the preliminary study unless

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

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

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

  8  The department is required to perform the preliminary home

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

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

11  the county where the prospective adoptive parents reside.  The

12  preliminary home study must be made to determine the

13  suitability of the intended adoptive parents and may be

14  completed prior to identification of a prospective adoptive

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

16  1 year after the date of its completion.  A minor may child

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

18  favorable preliminary home study is completed unless the

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

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

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

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

23  registry and criminal records correspondence checks pursuant

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

25  intended adoptive parents;

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

27  home;

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

29  intended adoptive parents;

30         (e)  Documentation of counseling and education of the

31  intended adoptive parents on adoptive parenting;

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  1         (f)  Documentation that information on adoption and the

  2  adoption process has been provided to the intended adoptive

  3  parents;

  4         (g)  Documentation that information on support services

  5  available in the community has been provided to the intended

  6  adoptive parents; and

  7         (h)  A copy of each the signed acknowledgment statement

  8  required by s. 63.085; and

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

10  s. 63.085(1).

11

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

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

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

15  study is unfavorable.  If the preliminary home study is

16  unfavorable, the adoption entity intermediary or petitioner

17  may, within 20 days after receipt of a copy of the written

18  recommendation, petition the court to determine the

19  suitability of the intended adoptive home.  A determination as

20  to suitability under this subsection does not act as a

21  presumption of suitability at the final hearing.  In

22  determining the suitability of the intended adoptive home, the

23  court must consider the totality of the circumstances in the

24  home.

25         Section 19.  Section 63.097, Florida Statutes, is

26  amended to read:

27         63.097  Fees.--

28         (1)  When the adoption entity is an agency, fees may be

29  assessed if they are approved by the department within the

30  process of licensing the agency and if they are for:

31         (a)  Foster care expenses;

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  1         (b)  Preplacement and post-placement social services;

  2  and

  3         (c)  Agency facility and administrative costs.

  4         (2)  The following fees, costs, and expenses may be

  5  assessed by the adoption entity or paid by the adoption entity

  6  on behalf of the prospective adoptive parents:

  7         (a)  Reasonable living expenses of the birth mother

  8  which the birth mother is unable to pay due to unemployment,

  9  underemployment, or disability due to the pregnancy which is

10  certified by a medical professional who has examined the birth

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

12  Reasonable living expenses are rent, utilities, basic

13  telephone service, food, necessary clothing, transportation,

14  and expenses found by the court to be necessary for the health

15  of the unborn child.

16         (b)  Reasonable and necessary medical expenses.

17         (c)  Expenses necessary to comply with the requirements

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

19  process under s. 63.088, a diligent search under s. 63.088, a

20  preliminary home study under s. 63.092, and a final home

21  investigation under s. 63.125.

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

23  litigation expenses.

24         (e)  Costs associated with advertising under s.

25  63.212(1)(g).

26         (f)  The following professional fees:

27         1.  A reasonable hourly fee necessary to provide legal

28  representation to the adoptive parents or adoption entity in a

29  proceeding filed under this chapter.

30         2.  A reasonable hourly fee for contact with the parent

31  related to the adoption. In determining a reasonable hourly

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  1  fee under this subparagraph, the court must consider if the

  2  tasks done were clerical or of such a nature that the matter

  3  could have been handled by support staff at a lesser rate than

  4  the rate for legal representation charged under subparagraph

  5  1. Such tasks specifically do not include obtaining a parent's

  6  signature on any document; such tasks include, but need not be

  7  limited to, transportation, transmitting funds, arranging

  8  appointments, and securing accommodations.

  9         3.  A reasonable hourly fee for counseling services

10  provided to a parent or a prospective adoptive parent by a

11  psychologist licensed under chapter 490 or a clinical social

12  worker, marriage and family therapist, or mental health

13  counselor licensed under chapter 491, or a counselor who is

14  employed by an adoption entity accredited by the Council on

15  Accreditation of Services for Children and Families to provide

16  pregnancy counseling and supportive services.

17         (3)  Prior approval of the court is not required until

18  the cumulative total of amounts permitted under subsection (2)

19  exceeds:

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

21         (b)  $500 in court costs;

22         (c)  $3,000 in expenses; or

23         (d)  $1,500 cumulative expenses that are related to the

24  minor, the pregnancy, a parent, or adoption proceeding, which

25  expenses are incurred prior to the date the prospective

26  adoptive parent retains the adoption entity.

27         (4)  Any fees, costs, or expenses not included in

28  subsection (2) or prohibited under subsection (5) require

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

30  of extraordinary circumstances.

31

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  1         (5)  The following fees, costs, and expenses are

  2  prohibited:

  3         (a)  Any fee or expense that constitutes payment for

  4  locating a minor for adoption.

  5         (b)  Any lump-sum payment to the entity which is

  6  nonrefundable directly to the payor or which is not itemized

  7  on the affidavit filed under s. 63.132.

  8         (c)  Any fee on the affidavit which does not specify

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

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

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

12  service was provided, the time required to provide the

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

14  hourly fee charged.

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

16  $1,000 and those costs as set out in s. 63.212(1)(d) over

17  $2,500, paid to an intermediary other than actual, documented

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

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

20  intermediary and upon a showing of justification for the

21  larger fee.

22         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

23  otherwise indicated in this section, when an adoption entity

24  intermediary uses the services of a licensed child-placing

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

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

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

28  agency, professional, other person or agency, or the

29  department an amount equal to the cost of all services

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

31  conducting the preliminary home study, counseling, and the

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

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

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

  4         Section 20.  Section 63.102, Florida Statutes, is

  5  amended to read:

  6         63.102  Filing of petition for adoption or declaratory

  7  statement; venue; proceeding for approval of fees and costs.--

  8         (1)  A petition for adoption may not be filed until 30

  9  days after the date of the entry of the judgment terminating

10  parental rights pending adoption under this chapter, unless

11  the adoptee is an adult or the minor has been the subject of a

12  judgment terminating parental rights under chapter 39. After a

13  judgment terminating parental rights has been entered, a

14  proceeding for adoption may shall be commenced by filing a

15  petition entitled, "In the Matter of the Adoption of ...." in

16  the circuit court.  The person to be adopted shall be

17  designated in the caption in the name by which he or she is to

18  be known if the petition is granted.  If the child is placed

19  for adoption by an agency, Any name by which the minor child

20  was previously known may shall not be disclosed in the

21  petition, the notice of hearing, or the judgment of adoption.

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

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

24  county where the petition for termination of parental rights

25  was granted, unless the court, in accordance with s. 47.122,

26  changes the venue to the county where the petitioner or

27  petitioners or the minor child resides or where the agency or

28  adoption entity with in which the minor child has been placed

29  is located. The circuit court in this state must retain

30  jurisdiction over the matter until a final judgment is entered

31  on the adoption. The Uniform Child Custody Jurisdiction Act

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  1  does not apply until a final judgment is entered on the

  2  adoption.

  3         (3)  Except for adoptions involving placement of a

  4  minor child with a relative within the third degree of

  5  consanguinity, a petition for adoption in an adoption handled

  6  by an adoption entity intermediary shall be filed within 60 30

  7  working days after entry of the judgment terminating parental

  8  rights placement of a child with a parent seeking to adopt the

  9  child.  If no petition is filed within 60 30 days, any

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

11  challenging the prospective adoptive parent's physical custody

12  of the minor child.

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

14  a declaratory statement as to the adoption contract in the

15  county where the petitioner or minor child resides would tend

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

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

18  provided the substantive rights of any person will not thereby

19  be affected.

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

21  may be commenced any time after an agreement is reached

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

23  petition for declaratory statement on the agreement entitled

24  "In the Matter of the Proposed Adoption of a Minor Child" in

25  the circuit court.

26         (a)  The petition must be filed jointly by the adoption

27  entity and each person who enters into the agreement.

28         (b)  A contract for the payment of fees, costs, and

29  expenses permitted under this chapter must be in writing, and

30  any person who enters into the contract has 3 business days in

31  which to cancel the contract. To cancel the contract, the

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  1  person must notify the adoption entity in writing by certified

  2  United States mail, return receipt requested, no later than 3

  3  business days after signing the contract. For the purposes of

  4  this subsection, the term "business day" means a day on which

  5  the United States Postal Service accepts certified mail for

  6  delivery. If the contract is canceled within the first 3

  7  business days, the person who cancels the contract does not

  8  owe any legal, intermediary, or other fees, but may be

  9  responsible for the adoption entity's actual costs during that

10  time.

11         (c)  The court may grant prior approval only of fees

12  and expenses permitted under s. 63.097. A prior approval of

13  prospective fees and costs does not create a presumption that

14  these items will subsequently be approved by the court under

15  s. 63.132. The court, under s. 63.132, may order an adoption

16  entity to refund any amount paid under this subsection that is

17  subsequently found by the court to be greater than fees,

18  costs, and expenses actually incurred.

19         (d)  The contract may not require, and the court may

20  not approve, any lump-sum payment to the entity which is

21  nonrefundable to the payor or any amount that constitutes

22  payment for locating a minor for adoption.

23         (e)  A petition for adoption filed under this section

24  may be consolidated with a previously filed petition for a

25  declaratory statement. Only one filing fee may be assessed for

26  both the adoption and declaratory-statement petitions.

27         (f)  Prior approval of fees and costs by the court does

28  not obligate the parent to ultimately relinquish the minor for

29  adoption. If a petition for adoption is subsequently filed,

30  the petition for declaratory statement and the petition for

31  adoption must be consolidated into one case.

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  1         Section 21.  Section 63.112, Florida Statutes, is

  2  amended to read:

  3         63.112  Petition for adoption; description; report or

  4  recommendation, exceptions; mailing.--

  5         (1)  A sufficient number of copies of the petition for

  6  adoption shall be signed and verified by the petitioner and

  7  filed with the clerk of the court so that service may be made

  8  under subsection (4) and shall state:

  9         (a)  The date and place of birth of the person to be

10  adopted, if known;

11         (b)  The name to be given to the person to be adopted;

12         (c)  The date petitioner acquired custody of the minor

13  and the name of the person placing the minor;

14         (d)  The full name, age, and place and duration of

15  residence of the petitioner;

16         (e)  The marital status of the petitioner, including

17  the date and place of marriage, if married, and divorces, if

18  any;

19         (f)  The facilities and resources of the petitioner,

20  including those under a subsidy agreement, available to

21  provide for the care of the minor to be adopted;

22         (g)  A description and estimate of the value of any

23  property of the person to be adopted;

24         (h)  The case style and date of entry of the judgment

25  terminating parental rights or the judgment declaring a minor

26  available for adoption name and address, if known, of any

27  person whose consent to the adoption is required, but who has

28  not consented, and facts or circumstances that excuse the lack

29  of consent; and

30         (i)  The reasons why the petitioner desires to adopt

31  the person.

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  1         (2)  The following documents are required to be filed

  2  with the clerk of the court at the time the petition is filed:

  3         (a)  A certified copy of the court judgment terminating

  4  parental rights under chapter 39 or the judgment declaring a

  5  minor available for adoption under this chapter. The required

  6  consents, unless consent is excused by the court.

  7         (b)  The favorable preliminary home study of the

  8  department, licensed child-placing agency, or professional

  9  pursuant to s. 63.092, as to the suitability of the home in

10  which the minor has been placed.

11         (c)  The surrender document must include documentation

12  that an interview was interviews were held with:

13         1.  The birth mother, if parental rights have not been

14  terminated;

15         2.  The birth father, if his consent to the adoption is

16  required and parental rights have not been terminated; and

17         3.  the minor child, if older than 12 years of age,

18  unless the court, in the best interest of the minor child,

19  dispenses with the minor's child's consent under s.

20  63.062(1)(f) 63.062(1)(c).

21

22  The court may waive the requirement for an interview with the

23  birth mother or birth father in the investigation for good

24  cause shown.

25         (3)  Unless ordered by the court, no report or

26  recommendation is required when the placement is a stepparent

27  adoption or when the minor child is related to one of the

28  adoptive parents within the third degree.

29         (4)  The clerk of the court shall mail a copy of the

30  petition within 24 hours after filing, and execute a

31

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  1  certificate of mailing, to the adoption entity department and

  2  the agency placing the minor, if any.

  3         Section 22.  Section 63.122, Florida Statutes, is

  4  amended to read:

  5         63.122  Notice of hearing on petition.--

  6         (1)  After the petition to adopt a minor is filed, the

  7  court must establish a time and place for hearing the

  8  petition. The hearing may must not be held sooner than 30 days

  9  after the date the judgment terminating parental rights was

10  entered or sooner than 90 days after the date the minor was

11  placed the placing of the minor in the physical custody of the

12  petitioner.  The minor must remain under the supervision of

13  the adoption entity department, an intermediary, or a licensed

14  child-placing agency until the adoption becomes final.  When

15  the petitioner is a spouse of the birth parent, the hearing

16  may be held immediately after the filing of the petition.

17         (2)  Notice of hearing must be given as prescribed by

18  the rules of civil procedure, and service of process must be

19  made as specified by law for civil actions.

20         (3)  Upon a showing by the petitioner that the privacy

21  of the petitioner or minor child may be endangered, the court

22  may order the names of the petitioner or minor child, or both,

23  to be deleted from the notice of hearing and from the copy of

24  the petition attached thereto, provided the substantive rights

25  of any person will not thereby be affected.

26         (4)  Notice of the hearing must be given by the

27  petitioner to the adoption entity that places the minor.:

28         (a)  The department or any licensed child-placing

29  agency placing the minor.

30         (b)  The intermediary.

31

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  1         (c)  Any person whose consent to the adoption is

  2  required by this act who has not consented, unless such

  3  person's consent is excused by the court.

  4         (d)  Any person who is seeking to withdraw consent.

  5         (5)  After filing the petition to adopt an adult, a

  6  notice of the time and place of the hearing must be given to

  7  any person whose consent to the adoption is required but who

  8  has not consented.  The court may order an appropriate

  9  investigation to assist in determining whether the adoption is

10  in the best interest of the persons involved.

11         Section 23.  Section 63.125, Florida Statutes, is

12  amended to read:

13         63.125  Final home investigation.--

14         (1)  The final home investigation must be conducted

15  before the adoption becomes final.  The investigation may be

16  conducted by a licensed child-placing agency or a professional

17  in the same manner as provided in s. 63.092 to ascertain

18  whether the adoptive home is a suitable home for the minor and

19  whether the proposed adoption is in the best interest of the

20  minor.  Unless directed by the court, an investigation and

21  recommendation are not required if the petitioner is a

22  stepparent or if the minor child is related to one of the

23  adoptive parents within the third degree of consanguinity.

24  The department is required to perform the home investigation

25  only if there is no licensed child-placing agency or

26  professional pursuant to s. 63.092 in the county in which the

27  prospective adoptive parent resides.

28         (2)  The department, the licensed child-placing agency,

29  or the professional that performs the investigation must file

30  a written report of the investigation with the court and the

31

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  1  petitioner within 90 days after the date the petition is

  2  filed.

  3         (3)  The report of the investigation must contain an

  4  evaluation of the placement with a recommendation on the

  5  granting of the petition for adoption and any other

  6  information the court requires regarding the petitioner or the

  7  minor.

  8         (4)  The department, the licensed child-placing agency,

  9  or the professional making the required investigation may

10  request other state agencies or child-placing agencies within

11  or outside this state to make investigations of designated

12  parts of the inquiry and to make a written report to the

13  department, the professional, or other person or agency.

14         (5)  The final home investigation must include:

15         (a)  The information from the preliminary home study.

16         (b)  After the minor child is placed in the intended

17  adoptive home, two scheduled visits with the minor child and

18  the minor's child's adoptive parent or parents, one of which

19  visits must be in the home, to determine the suitability of

20  the placement.

21         (c)  The family social and medical history as provided

22  in s. 63.082.

23         (d)  Any other information relevant to the suitability

24  of the intended adoptive home.

25         (e)  Any other relevant information, as provided in

26  rules that the department may adopt.

27         Section 24.  Section 63.132, Florida Statutes, is

28  amended to read:

29         63.132  Affidavit Report of expenses expenditures and

30  receipts.--

31

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  1         (1)  At least 10 days before the hearing on the

  2  petition for adoption, the prospective adoptive parent

  3  petitioner and any adoption entity intermediary must file two

  4  copies of an affidavit under this section.

  5         (a)  The affidavit must be signed by the adoption

  6  entity and the prospective adoptive parents. A copy of the

  7  affidavit must be provided to the adoptive parents at the time

  8  the affidavit is executed.

  9         (b)  The affidavit must itemize containing a full

10  accounting of all disbursements and receipts of anything of

11  value, including professional and legal fees, made or agreed

12  to be made by or on behalf of the prospective adoptive parent

13  petitioner and any adoption entity intermediary in connection

14  with the adoption or in connection with any prior proceeding

15  to terminate parental rights which involved the minor who is

16  the subject of the petition for adoption. The affidavit must

17  also include, for each fee itemized, the service provided for

18  which the fee is being charged, the date the service was

19  provided, the time required to provide the service, the person

20  or entity that provided the service, and the hourly fee

21  charged.

22         (c)  The clerk of the court shall forward a copy of the

23  affidavit to the department.

24         (d)  The affidavit report must show any expenses or

25  receipts incurred in connection with:

26         1.(a)  The birth of the minor.

27         2.(b)  The placement of the minor with the petitioner.

28         3.(c)  The medical or hospital care received by the

29  mother or by the minor during the mother's prenatal care and

30  confinement.

31

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  1         4.(d)  The living expenses of the birth mother.  The

  2  living expenses must be documented in detail to apprise the

  3  court of the exact expenses incurred.

  4         5.(e)  The services relating to the adoption or to the

  5  placement of the minor for adoption that were received by or

  6  on behalf of the petitioner, the adoption entity intermediary,

  7  either natural parent, the minor, or any other person.

  8

  9  The affidavit must state whether any of these expenses were

10  paid for by collateral sources, including, but not limited to,

11  health insurance, Medicaid, Medicare, or public assistance.

12         (2)  The court may require such additional information

13  as is deemed necessary.

14         (3)  The court must issue a separate order approving or

15  disapproving the fees, costs, and expenses itemized in the

16  affidavit. The court may approve only fees, costs, and

17  expenditures allowed under s. 63.097. The court may reject in

18  whole or in part any fee, cost, or expenditure listed if the

19  court finds that the expense is:

20         (a)  Contrary to this chapter;

21         (b)  Not supported by a receipt in the record, if the

22  expense is not a fee of the adoption entity; or

23         (c)  Not a reasonable fee or expense, considering the

24  requirements of this chapter and the totality of the

25  circumstances.

26         (4)(3)  This section does not apply to an adoption by a

27  stepparent whose spouse is a natural or adoptive parent of the

28  child.

29         Section 25.  Section 63.142, Florida Statutes, is

30  amended to read:

31         63.142  Hearing; judgment of adoption.--

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  1         (1)  APPEARANCE.--The petitioner and the person to be

  2  adopted shall appear at the hearing on the petition for

  3  adoption, unless:

  4         (a)  The person is a minor under 12 years of age;, or

  5         (b)  The presence of either is excused by the court for

  6  good cause.

  7         (2)  CONTINUANCE.--The court may continue the hearing

  8  from time to time to permit further observation,

  9  investigation, or consideration of any facts or circumstances

10  affecting the granting of the petition.

11         (3)  DISMISSAL.--

12         (a)  If the petition is dismissed, the court shall

13  determine the person that is to have custody of the minor.

14         (b)  If the petition is dismissed, the court shall

15  state with specificity the reasons for the dismissal.

16         (4)  JUDGMENT.--At the conclusion of the hearing, after

17  when the court determines that the date for a parent to file

18  an appeal of a valid judgment terminating that parent's

19  parental rights has passed and no appeal, pursuant to the

20  Florida Rules of Appellate Procedure, is pending all necessary

21  consents have been obtained and that the adoption is in the

22  best interest of the person to be adopted, a judgment of

23  adoption shall be entered.

24         (a)  A judgment terminating parental rights pending

25  adoption is voidable and any later judgment of adoption of

26  that minor is voidable if, upon a motion to set aside of a

27  parent, the court finds that any person knowingly gave false

28  information that prevented the parent from timely making known

29  his or her desire to assume parental responsibilities toward

30  the minor or meeting the requirements under this chapter to

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

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  1  paragraph must be filed with the court that entered the

  2  original judgment. The motion must be filed within a

  3  reasonable time, but not later than 2 years after the date the

  4  judgment terminating parental rights was entered.

  5         (b)  Except upon good cause shown, no later than 30

  6  days after the filing of a motion under this subsection, the

  7  court must conduct a preliminary hearing to determine what

  8  contact, if any, shall be permitted between a parent and the

  9  child pending resolution of the motion. Such contact shall be

10  considered only if it is requested by a parent who has

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

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

13  expeditiously as possible and must state with specificity any

14  provisions regarding contact with persons other than those

15  with whom the child resides.

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

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

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

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

20  child's father and that fact has not previously been

21  determined by legitimacy or scientific testing. The court may

22  order supervised visitation with a person for whom scientific

23  testing for paternity has been ordered. Such visitation shall

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

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

26  the minor.

27         (d)  Except upon good cause shown, no later than 45

28  days after the preliminary hearing, the court must conduct a

29  final hearing on the motion to set aside the judgment and

30  issue its written order as expeditiously as possible

31  thereafter.

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  1         Section 26.  Subsection (2) of section 63.162, Florida

  2  Statutes, is amended to read:

  3         63.162  Hearings and records in adoption proceedings;

  4  confidential nature.--

  5         (2)  All papers and records pertaining to the adoption,

  6  including the original birth certificate, whether part of the

  7  permanent record of the court or a file in the office of an

  8  adoption entity department, in a licensed child-placing

  9  agency, or in the office of an intermediary are confidential

10  and subject to inspection only upon order of the court;

11  however, the petitioner in any proceeding for adoption under

12  this chapter may, at the option of the petitioner, make public

13  the reasons for a denial of the petition for adoption.  The

14  order must specify which portion of the records are subject to

15  inspection, and it may exclude the name and identifying

16  information concerning the birth parent or adoptee. Papers and

17  records of the department, a court, or any other governmental

18  agency, which papers and records relate to adoptions, are

19  exempt from s. 119.07(1).  In the case of a nonagency

20  adoption, the department must be given notice of hearing and

21  be permitted to present to the court a report on the

22  advisability of disclosing or not disclosing information

23  pertaining to the adoption.  In the case of an agency

24  adoption, the licensed child-placing agency must be given

25  notice of hearing and be permitted to present to the court a

26  report on the advisability of disclosing or not disclosing

27  information pertaining to the adoption.  This subsection does

28  not prohibit the department from inspecting and copying any

29  official record pertaining to the adoption that is maintained

30  by the department and does not prohibit an agency from

31

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  1  inspecting and copying any official record pertaining to the

  2  adoption that is maintained by that agency.

  3         Section 27.  Section 63.165, Florida Statutes, is

  4  amended to read:

  5         63.165  State registry of adoption information; duty to

  6  inform and explain.--Notwithstanding any other law to the

  7  contrary, the department shall maintain a registry with the

  8  last known names and addresses of an adoptee and his or her

  9  natural parents whose consent was required under s. 63.062,

10  and adoptive parents and any other identifying information

11  that which the adoptee, natural parents whose consent was

12  required under s. 63.062, or adoptive parents desire to

13  include in the registry. The department shall maintain the

14  registry records for the time required by rules adopted by the

15  department in accordance with this chapter or for 99 years,

16  whichever period is greater. The registry shall be open with

17  respect to all adoptions in the state, regardless of when they

18  took place. The registry shall be available for those persons

19  choosing to enter information therein, but no one shall be

20  required to do so.

21         (1)  Anyone seeking to enter, change, or use

22  information in the registry, or any agent of such person,

23  shall present verification of his or her identity and, if

24  applicable, his or her authority.  A person who enters

25  information in the registry shall be required to indicate

26  clearly the persons to whom he or she is consenting to release

27  this information, which persons shall be limited to the

28  adoptee and the birth natural mother, natural father whose

29  consent was required under s. 63.062, adoptive mother,

30  adoptive father, birth natural siblings, and maternal and

31  paternal birth natural grandparents of the adoptee.  Except as

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  1  provided in this section, information in the registry is

  2  confidential and exempt from the provisions of s. 119.07(1).

  3  Consent to the release of this information may be made in the

  4  case of a minor adoptee by his or her adoptive parents or by

  5  the court after a showing of good cause.  At any time, any

  6  person may withdraw, limit, or otherwise restrict consent to

  7  release information by notifying the department in writing.

  8         (2)  The department may charge a reasonable fee to any

  9  person seeking to enter, change, or use information in the

10  registry.  The department shall deposit such fees in a trust

11  fund to be used by the department only for the efficient

12  administration of this section. The department and agencies

13  shall make counseling available for a fee to all persons

14  seeking to use the registry, and the department shall inform

15  all affected persons of the availability of such counseling.

16         (3)  The adoption entity department, intermediary, or

17  licensed child-placing agency must inform the birth parents

18  before parental rights are terminated, and the adoptive

19  parents before placement, in writing, of the existence and

20  purpose of the registry established under this section, but

21  failure to do so does not affect the validity of any

22  proceeding under this chapter.

23         Section 28.  Section 63.182, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 63.182, F.S., for present text.)

27         63.182  Statute of repose.--Notwithstanding s. 95.031

28  or s. 95.11 or any other statute:

29         (1)  An action or proceeding of any kind to vacate, set

30  aside, or otherwise nullify a judgment of adoption or an

31  underlying judgment terminating parental rights on any ground,

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  1  including duress but excluding fraud, shall in no event be

  2  filed more than 1 year after entry of the judgment terminating

  3  parental rights.

  4         (2)  An action or proceeding of any kind to vacate, set

  5  aside, or otherwise nullify a judgment of adoption or an

  6  underlying judgment terminating parental rights on grounds of

  7  fraud shall in no event be filed more than 2 years after entry

  8  of the judgment terminating parental rights.

  9         Section 29.  Subsection (2) of section 63.202, Florida

10  Statutes, is amended to read:

11         63.202  Authority to license; adoption of rules.--

12         (2)  No agency shall place a minor for adoption unless

13  such agency is licensed by the department, except a

14  child-caring agency registered under s. 409.176.

15         Section 30.  Section 63.207, Florida Statutes, is

16  amended to read:

17         63.207  Out-of-state placement.--

18         (1)  Unless the parent placing a minor for adoption

19  files an affidavit that the parent chooses to place the minor

20  outside the state, giving the reason for that placement, or

21  the minor child is to be placed with a relative within the

22  third degree or with a stepparent, or the minor is a special

23  needs child, as defined in s. 409.166, or for other good cause

24  shown, an adoption entity may not no person except an

25  intermediary, an agency, or the department shall:

26         (a)  Take or send a minor child out of the state for

27  the purpose of placement for adoption; or

28         (b)  Place or attempt to place a minor child for the

29  purpose of adoption with a family who primarily lives and

30  works outside Florida in another state.  An intermediary may

31  place or attempt to place a child for adoption in another

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  1  state only if the child is a special needs child as that term

  2  is defined in s. 409.166.  If an adoption entity intermediary

  3  is acting under this subsection, the adoption entity must

  4  intermediary shall file a petition for declaratory statement

  5  pursuant to s. 63.102 for prior approval of fees and costs.

  6  The court shall review the costs pursuant to s. 63.097.  The

  7  petition for declaratory statement must be converted to a

  8  petition for an adoption upon placement of the minor child in

  9  the home.  The circuit court in this state must retain

10  jurisdiction over the matter until the adoption becomes final.

11  The prospective adoptive parents must come to this state to

12  have the adoption finalized.  Violation of the order subjects

13  the adoption entity intermediary to contempt of court and to

14  the penalties provided in s. 63.212.

15         (2)  An adoption entity intermediary may not counsel a

16  birth mother to leave the state for the purpose of giving

17  birth to a child outside the state in order to secure a fee in

18  excess of that permitted under s. 63.097 when it is the

19  intention that the child is to be placed for adoption outside

20  the state.

21         (3)  When applicable, the Interstate Compact on the

22  Placement of Children authorized in s. 409.401 shall be used

23  in placing children outside the state for adoption.

24         Section 31.  Section 63.212, Florida Statutes, is

25  amended to read:

26         63.212  Prohibited acts; penalties for violation;

27  preplanned adoption agreement.--

28         (1)  It is unlawful for any person:

29         (a)  Except the department, an intermediary, or an

30  agency, To place or attempt to place a minor child for

31  adoption with a person who primarily lives and works outside

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  1  this state unless the minor child is placed with a relative

  2  within the third degree or with a stepparent.  An intermediary

  3  may place or attempt to place a special needs child for

  4  adoption with a person who primarily lives and works outside

  5  this state only if the intermediary has a declaratory

  6  statement from the court establishing the fees to be paid.

  7  This requirement does not apply if the minor child is placed

  8  by an adoption entity in accordance with s. 63.207 with a

  9  relative within the third degree or with a stepparent.

10         (b)  Except the department, an intermediary, or an

11  agency, to place or attempt to place a child for adoption with

12  a family whose primary residence and place of employment is in

13  another state unless the child is placed with a relative

14  within the third degree or with a stepparent.  An intermediary

15  may place or attempt to place a special needs child for

16  adoption with a family whose primary residence and place of

17  employment is in another state only if the intermediary has a

18  declaratory statement from the court establishing the fees to

19  be paid.  This requirement does not apply if the child is

20  placed with a relative within the third degree or with a

21  stepparent.

22         (b)(c)  Except an adoption entity the Department of

23  Children and Family Services, an agency, or an intermediary,

24  to place or attempt to place within the state a minor child

25  for adoption unless the minor child is placed with a relative

26  within the third degree or with a stepparent.  This

27  prohibition, however, does not apply to a person who is

28  placing or attempting to place a minor child for the purpose

29  of adoption with the adoption entity Department of Children

30  and Family Services or an agency or through an intermediary.

31

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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:

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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 affidavit of nonpaternity unless the

13  extent and circumstances of such a failure result in a

14  material failure of fundamental fairness in the administration

15  of due process, or the failure constitutes or contributes to

16  fraud or duress in obtaining a consent to adoption or

17  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).

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    Florida House of Representatives - 2001                 HB 141

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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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  2                       LEGISLATIVE SUMMARY

  3    Revises various provisions of the Florida Adoption Act.
      Removes the authority of licensed child-placing agencies
  4    to file actions to terminate parental rights. Provides
      that a person may not file a petition for adoption until
  5    the judgment terminating parental rights becomes final.
      Provides additional requirements for filing a petition
  6    for adoption. Modifies legislative intent and provides
      definitions. Exempts adoptions initiated after a
  7    termination of parental rights under ch. 39, F.S., from
      certain provisions of ch. 63, F.S. Specifies duties of an
  8    adoption entity to prospective adoptive parents. Provides
      sanctions and awarding of attorney's fees against a party
  9    failing to comply. Provides procedures for placement of a
      minor pending termination of parental rights in an
10    adoption proceeding. Specifies jurisdiction of the court.
      Provides for affidavits of nonpaternity. Specifies form
11    and contents of such affidavits. Specifies persons who
      must consent to an adoption. Provides that a party
12    executing an affidavit of nonpaternity must also execute
      a waiver of venue to termination proceedings under
13    certain circumstances. Provides form for such waiver.
      Revises the form and requirements for executing consent
14    to an adoption. Makes the requirements applicable to
      affidavits of nonpaternity. Specifies information that
15    must be disclosed to parents and prospective adoptive
      parents. Provides for a separate court proceeding to
16    determine whether parental rights should be terminated
      prior to the filing of a petition for adoption. Provides
17    rules, jurisdiction, and venue for such proceedings.
      Requires notification to grandparents. Provides for
18    procedures, notice and service, diligent search, hearing,
      grounds, dismissal, and judgment in a proceeding to
19    terminate parental rights pending adoption. Provides for
      confidentiality of records relating to a petition to
20    terminate parental rights. Requires prospective adoptive
      parents to acknowledge at-risk placement of a minor.
21    Revises fee requirements. Prescribes procedures for
      filing a petition for adoption. Provides requirements for
22    prior approval of fees and costs. Revises the form and
      content requirements of a petition for adoption and for
23    an affidavit of expenses and receipts. Mandates a
      separate court order approving fees, costs, and expenses.
24    Specifies conditions upon which a judgment terminating
      parental rights pending adoption is voidable. Provides
25    for an evidentiary hearing to determine a minor's
      placement following a motion to void such a judgment.
26    Requires the Department of Children and Family Services
      to maintain the names and addresses of an adoptee's
27    parents whose consent was required under s. 63.062, F.S.,
      in the state registry of adoption information. Provides a
28    statute of limitations for actions to vacate a judgment
      of adoption or a judgment terminating parental rights
29    pending adoption. Provides guidelines for placement of a
      minor for adoption in another state. Revises penalties
30    and prohibited acts relating to adoptions. Repeals s.
      63.072, F.S., relating to persons who may waive required
31    consent to an adoption.

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