HB 1299

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to adoption; amending s. 63.022, F.S.;
7	providing legislative intent; amending s. 63.032, F.S.;
8	redefining terms and defining the term "primarily lives
9	and works in Florida"; amending s. 63.039, F.S.; requiring
10	an adoption entity to diligently search for a person whose
11	consent is required for the adoption; amending s. 63.0423,
12	F.S.; providing that a judgment of adoption is voidable
13	under certain circumstances if a court finds that a person
14	whose consent is required gave false information; amending
15	s. 63.0425, F.S.; providing a grandparent's right to
16	notice; amending s. 63.052, F.S.; providing that a court
17	in this state retains jurisdiction until the adoption is
18	finalized in this state or in another state; amending s.
19	63.053, F.S.; providing that if an unmarried biological
20	father fails to take the actions that are available to him
21	to establish a relationship with his child, his parental
22	interest may be lost entirely; amending s. 63.054, F.S.;
23	requiring adoption entity to provide certain information
24	to the Department of Health; providing that if a putative
25	father fails to report a change of address to the Florida
26	Putative Father Registry, the failure is not a valid
27	defense based upon lack of notice and the adoption entity
28	or adoption petitioner is not obligated to search further
29	for the registrant; providing that if a father who is
30	required to consent to an adoption does not know the
31	county in which the birth mother resides, gave birth, or
32	intends to give birth, he may initiate an action in any
33	county in the state; amending s. 63.062, F.S.; providing
34	that an adoption agency may file a notice of an intended
35	adoption plan at any time before the birth of the child or
36	before placing the child in the adoptive home; requiring
37	an adoption entity to make a good faith effort to locate
38	the putative father; providing when an adoption entity has
39	no further obligation to search for the putative father;
40	providing for the proper venue to file a petition to
41	terminate parental rights; amending s. 63.082, F.S.;
42	providing that notice and consent provisions do not apply
43	in cases where the child was conceived as a result of a
44	violation of certain criminal statutes; limiting
45	revocation of a consent to adopt to 3 days if the child is
46	older than 6 months of age; authorizing a court to
47	transfer a child to the prospective adoptive parents under
48	certain circumstances; requiring the adoption entity to
49	file a petition for adoption or termination of parental
50	rights after the transfer of the child; amending s.
51	63.085, F.S.; revising provision relating to who may sign
52	a valid consent for adoption; amending s. 63.087, F.S.;
53	providing procedures to terminate parental rights pending
54	an adoption; providing the proper venue in which to file a
55	petition to terminate parental rights; requiring a person
56	to answer the petition and to appear at the hearing for
57	termination of parental rights; amending s. 63.088, F.S.;
58	requiring the court to conduct an inquiry concerning the
59	father of the child who is to be adopted; revising
60	requirements for notice concerning the termination of
61	parental rights; requiring persons contacted by a
62	petitioner or adoption entity to release certain
63	information; amending s. 63.089, F.S.; revising provisions
64	relating to service of notice and petition regarding
65	termination of parental rights and consent to adoption;
66	requiring that certain scientific testing to determine
67	paternity comply with state law; amending s. 63.092, F.S.;
68	providing that if an adoption entity fails to file the
69	report of its intended placement within the specified time
70	period the failure does not constitute grounds to deny the
71	petition for termination of parental rights or adoption
72	under certain circumstances; identifying additional
73	individuals who may perform a home study; providing an
74	exception if the person to be adopted is an adult;
75	amending s. 63.102, F.S.; revising procedures for the
76	filing of a petition for adoption; providing the proper
77	venue where the petition may be filed; amending s. 63.112,
78	F.S.; revising language requiring that a certified copy of
79	a judgment terminating parental rights be filed at the
80	same time the petition is filed; amending s. 63.122, F.S.;
81	providing that certain information may be removed from the
82	petition; amending s. 63.125, F.S.; providing certain
83	licensed professionals may conduct the final home
84	investigation; amending s. 63.132, F.S.; providing
85	exceptions to the requirement that the adoptive parent and
86	the adoption entity file an affidavit itemizing all
87	expenses and receipts; amending s. 63.135, F.S.; requiring
88	the adoption entity or petitioner to file an affidavit
89	under the Uniform Child Custody Jurisdictional and
90	Enforcement Act; revising information required to be
91	submitted under oath to the court; amending s. 63.142,
92	F.S.; requiring that if an adoption petition is dismissed,
93	any further proceedings regarding the minor be brought in
94	a separate custody action under ch. 61, F.S., a dependency
95	action under ch. 39, F.S., or a paternity action under ch.
96	742, F.S.; amending s. 63.152, F.S.; requiring the clerk
97	of court to transmit a certified statement of the adoption
98	to the state where the child was born; amending s. 63.162,
99	F.S.; authorizing the birth parent to release his or her
100	name under certain circumstances; authorizes a court to
101	permit certain entities to contact a birth parent to
102	advise him or her of the adoptee's request to open the
103	file or the adoption registry and provide the opportunity
104	to waive confidentiality and consent to the opening of
105	records; providing requirements for release of an original
106	sealed birth certificate; amending s. 63.172, F.S.;
107	granting rights of inheritance when a judgment of adoption
108	has been entered; amending s. 63.182, F.S.; providing that
109	the interest that gives a person standing to set aside an
110	adoption must be direct, financial, and immediate;
111	providing an exception; providing that a showing of an
112	indirect, inconsequential, or contingent interest is
113	wholly inadequate; providing construction and
114	applicability; amending s. 63.192, F.S.; requiring the
115	courts of this state to recognize decrees of termination
116	of parental rights and adoptions from other states and
117	countries; amending s. 63.207, F.S.; revising provisions
118	relating to out-of-state placement of minors; amending s.
119	63.212, F.S.; revising acts that are unlawful pertaining
120	to adoptions; providing penalties; amending s. 63.213,
121	F.S.; prohibiting an attorney from representing the
122	volunteer mother and the intended mother in a preplanned
123	adoption arrangement; providing penalties and sanctions
124	for payment of finder's fees in certain preplanned
125	adoption agreements; revising the definition of "fertility
126	technique"; amending s. 63.219, F.S.; providing sanctions
127	for persons who violate ch. 63, F.S.; creating s. 63.236,
128	F.S.; providing that any petition for termination of
129	parental rights filed before the effective date of the act
130	is governed by the law in effect at the time the petition
131	was filed; amending s. 409.166, F.S.; redefining the term
132	"special needs child" to remove children of racially mixed
133	parentage; providing for participation by adoption
134	intermediaries in the adoption program for special needs
135	children administered by the Department of Children and
136	Family Services; amending s. 409.176, F.S.; providing that
137	licensing provisions do not apply to certain licensed
138	child-placing agencies; amending s. 742.14, F.S.;
139	providing that the donor of an embryo relinquishes all
140	parental rights and obligations to the embryo or the
141	resulting children at the time of the donation; amending
142	s. 742.15, F.S.; authorizing a physician in a state
143	outside this state to advise a commissioning couple
144	concerning a gestational surrogate; amending s. 742.16,
145	F.S.; revising requirements for affirmation of parental
146	status for gestational surrogacy; creating s. 742.18, F.S;
147	prohibiting a person or entity, except a licensed
148	physician, fertility clinic, or attorney, from doing
149	certain specified acts; prohibiting a person other than a
150	licensed physician, fertility clinic, or attorney from
151	accepting a fee for finding, screening, matching, or
152	facilitating a donor or gestational carrier arrangement;
153	providing that if a person willfully violates the section
154	he or she commits a misdemeanor of the second degree;
155	providing criminal penalties; providing that if a person
156	violates the section he or she is liable for damages
157	caused by his or her acts or omissions and for reasonable
158	attorney's fees and costs; providing an effective date.
159
160	Be It Enacted by the Legislature of the State of Florida:
161
162	Section 1.  Paragraph (e) of subsection (4) and subsection
163	(5) of section 63.022, Florida Statutes, are amended to read:
164	63.022  Legislative intent.--
165	(4)  The basic safeguards intended to be provided by this
166	chapter are that:
167	(e)  A sufficient period of time elapses during which the
168	minor has lived within the proposed adoptive home under the
169	guidance of an adoption entity, except stepparent adoptions or
170	relative adoptions of a relative.
171	(5)  It is the intent of the Legislature to provide for
172	cooperation between private adoption entities and the Department
173	of Children and Family Services in matters relating to permanent
174	placement options for children in the care of the department
175	whose parent or legal custodian wishes birth parents wish to
176	participate in a private adoption plan with a qualified family.
177	Section 2.  Section 63.032, Florida Statutes, is amended to
178	read:
179	63.032  Definitions.--As used in this chapter, the term:
180	(1)  "Abandoned" means a situation in which the parent or
181	person having legal custody of a child, while being able, makes
182	no provision for the child's support and makes little or no
183	effort to communicate with the child, which situation is
184	sufficient to evince an intent to reject parental
185	responsibilities. If, in the opinion of the court, the efforts
186	of the such parent or person having legal custody of the child
187	to support and communicate with the child are only marginal
188	efforts that do not evince a settled purpose to assume all
189	parental duties, the court may declare the child to be
190	abandoned. In making this decision, the court may consider the
191	conduct of a father towards the child's mother during her
192	pregnancy.
193	(2)  "Adoption" means the act of creating the legal
194	relationship between parent and child where it did not exist,
195	thereby declaring the child to be legally the child of the
196	adoptive parents and their heir at law and entitled to all the
197	rights and privileges and subject to all the obligations of a
198	child born to the such adoptive parents in lawful wedlock.
199	(3)  "Adoption entity" means the department, an agency, a
200	child-caring agency registered under s. 409.176, an
201	intermediary, an attorney licensed in another state who is
202	placing a child from another state into this state, or a child-
203	placing agency licensed in another state which is placing a
204	child from another state into this state and is qualified by the
205	department to place children in the State of Florida.
206	(4)  "Adoption plan" means an arrangement made by a birth
207	parent or other individual having a legal right to custody of a
208	minor child, born or to be born, with an adoption entity in
209	furtherance of placing the minor child for adoption.
210	(5)(4)  "Adult" means a person who is not a minor.
211	(6)(5)  "Agency" means any child-placing agency licensed by
212	the department under pursuant to s. 63.202 to place minors for
213	adoption.
214	(7)(6)  "Child" means a son or daughter, whether by birth
215	or adoption.
216	(8)(7)  "Court" means any circuit court of this state and,
217	when the context requires, the court of any state that is
218	empowered to grant petitions for adoption.
219	(9)(8)  "Department" means the Department of Children and
220	Family Services.
221	(10)(9)  "Intermediary" means an attorney who is licensed
222	or authorized to practice in this state and who is placing or
223	intends to place a child for adoption, including placing
224	children born in another state with citizens of this state or
225	country or placing children born in this state with citizens of
226	another state or country.
227	(11)(10)  "Legal custody" means a legal status created by
228	court order or letter of guardianship which vests in a custodian
229	of the child or guardian, whether an agency or an individual,
230	the right to have physical custody of the child and the right
231	and duty to protect, train, and discipline the child and to
232	provide him or her with food, shelter, education, and ordinary
233	medical, dental, psychiatric, and psychological care. The legal
234	custodian is the person or entity in whom the legal right to
235	custody is vested has the meaning ascribed in s. 39.01.
236	(12)(11)  "Minor" means a person under the age of 18 years.
237	(13)(12)  "Parent" means a woman who gives birth to a child
238	and a man whose consent to the adoption of the child would be
239	required under s. 63.062. If a child has been legally adopted,
240	the term "parent" means the adoptive mother or father of the
241	child. The terms "parent," "mother," and "father" do not include
242	an individual whose parental relationship to the child has been
243	legally terminated has the same meaning ascribed in s. 39.01.
244	(14)(13)  "Person" has the same meaning as in s. 1.01
245	includes a natural person, corporation, government or
246	governmental subdivision or agency, business trust, estate,
247	trust, partnership, or association, and any other legal entity.
248	(15)(14)  "Relative" means a person related by blood,
249	adoption, or marriage to the person being adopted within the
250	third degree of consanguinity.
251	(16)(15)  "To place" or "placement" means the process of a
252	parent or legal guardian surrendering a child for adoption and
253	the prospective adoptive parents receiving and adopting the
254	child, and includes all actions by any person or adoption entity
255	participating in the process.
256	(17)  "Primarily lives and works in Florida" means a person
257	who lives and works in this state at least 6 months and 1 day of
258	the year, military personnel who designate Florida as their
259	place of residence in accordance with the Servicemembers Civil
260	Relief Act, Pub. L. No. 108-189, or citizens of the United
261	States living in a foreign country who designate Florida as
262	their place of residence.
263	(16)  "Placement" means the process of a parent or legal
264	guardian surrendering a child for adoption and the prospective
265	adoptive parents receiving and adopting the child and all
266	actions by any adoption entity participating in placing the
267	child.
268	(18)(17)  "Primarily lives and works outside Florida" means
269	a person who lives and works outside this state at least 6
270	months and 1 day of the year, military personnel who designate a
271	state other than Florida as their place of residence in
272	accordance with the Servicemembers Civil Relief Act, Pub. L. No.
273	108-189 Soldiers' and Sailors' Civil Relief Act of 1940, or
274	citizens employees of the United States Department of State
275	living in a foreign country who designate a state other than
276	Florida as their place of residence and who do not reside in
277	Florida for 6 months and 1 day of the year.
278	(19)(18)  "Suitability of the intended placement" includes
279	the fitness of the intended placement, with primary
280	consideration being given to the best interest of the child.
281	(20)(19)  "Unmarried biological father" means the child's
282	biological father who is not married to the child's mother at
283	the time of conception or birth of the child and who has not
284	been declared by a court of competent jurisdiction to be the
285	legal father of the child.
286	(20)  "Adoption plan" means arrangements made by a birth
287	parent or other individual having a legal right to custody of a
288	minor child, born or to be born, with an adoption entity in
289	furtherance of the placement of the minor for adoption.
290	Section 3.  Paragraphs (f), (g), and (i) of subsection (1)
291	of section 63.039, Florida Statutes, are amended to read:
292	63.039  Duty of adoption entity to prospective adoptive
293	parents; sanctions.--
294	(1)  An adoption entity placing a minor for adoption has an
295	affirmative duty to follow the requirements of this chapter and
296	specifically the following provisions, which protect and promote
297	the well-being of persons being adopted and their parents and
298	prospective adoptive parents by promoting certainty, finality,
299	and permanency for such persons. The adoption entity must:
300	(f)  Obtain and file the affidavit of inquiry under
301	pursuant to s. 63.088(4), if the required inquiry is not
302	conducted orally in the presence of the court.
303	(g)  When the identity of a person whose consent to
304	adoption is required necessary under this chapter is known but
305	the location of such a person is unknown, conduct the diligent
306	search and file the affidavit required under s. 63.088(5).
307	(i)  Obtain the written waiver of venue if applicable
308	required under s. 63.062 in cases in which venue for the
309	termination of parental rights will be located in a county other
310	than the county where a parent whose rights are to be terminated
311	resides.
312	Section 4.  Subsection (9) of section 63.0423, Florida
313	Statutes, is amended to read:
314	63.0423  Procedures with respect to abandoned infants.--
315	(9)(a)  A judgment terminating parental rights pending
316	adoption involving a minor who was abandoned pursuant to this
317	section is voidable, and any later judgment of adoption of that
318	minor is voidable, if, upon the motion of a birth parent whose
319	consent is required for adoption, the court finds that a person
320	knowingly gave false information that prevented the birth parent
321	from timely making known his or her desire to assume parental
322	responsibilities toward the minor or from exercising his or her
323	parental rights. A motion under this subsection must be filed
324	with the court originally entering the judgment. The motion must
325	be filed within a reasonable time, but not later than 1 year
326	after the entry of the judgment terminating parental rights.
327	(b)  No later than 30 days after the filing of a motion
328	under this subsection, the court shall conduct a preliminary
329	hearing to determine what contact, if any, will be permitted
330	between a birth parent and the child pending resolution of the
331	motion. The Such contact may be allowed only if it is requested
332	by a parent who has appeared at the hearing and the court
333	determines that it is in the best interest of the child. If the
334	court orders contact between a birth parent and child, the order
335	must be issued in writing as expeditiously as possible and must
336	state with specificity the terms any provisions regarding
337	contact with persons other than those with whom the child
338	resides.
339	(c)  At the preliminary hearing, the court, upon the motion
340	of any party or upon its own motion, may order scientific
341	testing to determine the paternity or maternity of the minor if
342	the parent person seeking to set aside the judgment is alleging
343	to be the child's birth parent but has not previously been
344	determined by legal proceedings or scientific testing to be the
345	birth parent. Upon the filing of test results establishing that
346	parent's person's maternity or paternity of the abandoned
347	infant, the court may order visitation as it deems appropriate
348	and in the best interest of the child.
349	(d)  Within 45 days after the preliminary hearing, the
350	court shall conduct a final hearing on the motion to set aside
351	the judgment and shall enter its written order as expeditiously
352	as possible thereafter.
353	Section 5.  Section 63.0425, Florida Statutes, is amended
354	to read:
355	63.0425  Grandparent's right to notice adopt.--
356	(1)  When a child has lived with a grandparent for at least
357	6 months within the 24-month period immediately preceding the
358	filing of a petition for termination of parental rights pending
359	adoption, the adoption entity shall provide notice to that
360	grandparent of the hearing on the petition for termination of
361	parental rights pending adoption.
362	(2)  This section shall not apply if the placement for
363	adoption is a result of the death of the child's parent and a
364	different preference is stated in the parent's will.
365	(3)  This section shall not apply in stepparent adoptions.
366	(4)  Nothing in this section shall contravene the
367	provisions of s. 63.142(4).
368	Section 6.  Subsections (1) and (7) of section 63.052,
369	Florida Statutes, are amended to read:
370	63.052  Guardians designated; proof of commitment.--
371	(1)  For minors who have been placed for adoption with and
372	permanently committed to an adoption entity, other than an
373	intermediary, such adoption entity shall be the guardian of the
374	person of the minor and has the responsibility and authority to
375	provide for the needs and welfare of the minor.
376	(7)  The court retains jurisdiction of a minor who has been
377	placed for adoption until the adoption is finalized within or
378	outside this state final. After a minor is placed with an
379	adoption entity or prospective adoptive parent, the court may
380	review the status of the minor and the progress toward permanent
381	adoptive placement.
382	Section 7.  Subsection (1) of section 63.053, Florida
383	Statutes, is amended to read:
384	63.053  Rights and responsibilities of an unmarried
385	biological father; legislative findings.--
386	(1)  In enacting the provisions contained in this chapter,
387	the Legislature prescribes the conditions for determining
388	whether an unmarried biological father's actions are
389	sufficiently prompt and substantial so as to require protection
390	of a constitutional right. If an unmarried biological father
391	fails to take the actions that are available to him to establish
392	a relationship with his child, his parental interest may be lost
393	entirely, or greatly diminished, by his failure to timely comply
394	with the available legal steps to substantiate a parental
395	interest.
396	Section 8.  Subsections (1), (5), (6), (7), and (8) of
397	section 63.054, Florida Statutes, are amended to read:
398	63.054  Actions required by an unmarried biological father
399	to establish parental rights; Florida Putative Father
400	Registry.--
401	(1)  In order to preserve the right to notice and consent
402	to an adoption under this chapter, an unmarried biological
403	father must, as the "registrant," file a notarized claim of
404	paternity form with the Florida Putative Father Registry
405	maintained by the Office of Vital Statistics of the Department
406	of Health and shall include therein confirmation of his
407	willingness and intent to support the child for whom paternity
408	is claimed in accordance with state law. The claim of paternity
409	may be filed at any time prior to the child's birth, but a claim
410	of paternity may not be filed after the date a petition is filed
411	for termination of parental rights. The adoption entity shall
412	provide the Department of Health with a notification of filing
413	the petition for termination of parental rights. The Department
414	of Health shall adopt by rule a form to be completed by the
415	clerk of the court for notification of filing a petition for
416	termination of parental rights.
417	(5)  The registrant may, at any time prior to the birth of
418	the child for whom paternity is claimed, execute a notarized
419	written revocation of the claim of paternity previously filed
420	with the Florida Putative Father Registry, and upon receipt of
421	such revocation, the claim of paternity shall be deemed null and
422	void. If a court determines that a registrant is not the father
423	of the minor or has no parental rights, the court shall order
424	the department to remove the registrant's name from the
425	registry.
426	(6)  It is the obligation of the registrant or, if
427	designated under subsection (4), his designated agent or
428	representative to notify and update the Office of Vital
429	Statistics of any change of address or change in the designation
430	of an agent or representative. The failure of a registrant, or
431	designated agent or representative, to report any such change is
432	at the registrant's own risk and shall not serve as a valid
433	defense based upon lack of notice, and the adoption entity or
434	petitioner shall have no further obligation to search for the
435	registrant unless the person petitioning for termination of
436	parental rights or adoption has actual or constructive notice of
437	the registrant's address and whereabouts from another source.
438	(7)  In each proceeding for termination of parental rights
439	or each adoption proceeding in which parental rights are being
440	terminated simultaneously with entry of the final judgment of
441	adoption, as in stepparent and relative adoptions filed under
442	this chapter, the petitioner must contact the Office of Vital
443	Statistics of the Department of Health by submitting an
444	application for a search of the Florida Putative Father
445	Registry. The petitioner shall provide the same information, if
446	known, on the search application form which the registrant is
447	required to furnish under subsection (3). Thereafter, the Office
448	of Vital Statistics must issue a certificate signed by the State
449	Registrar certifying:
450	(a)  The identity and contact information, if any, for each
451	registered unmarried biological father whose information matches
452	the search request sufficiently so that the such person may be
453	considered a possible father of the subject child; or
454	(b)  That a diligent search has been made of the registry
455	of registrants who may be the unmarried biological father of the
456	subject child and that no matching registration has been located
457	in the registry.
458
459	The This certificate must be filed with the court in the
460	proceeding to terminate parental rights or the adoption
461	proceeding. If a termination of parental rights and an adoption
462	proceeding are being adjudicated separately simultaneously, the
463	Florida Putative Father Registry need only be searched once.
464	(8)  If an unmarried biological father does not know the
465	county in which the birth mother resides, gave birth, or intends
466	to give birth, he may initiate an action in any county in the
467	state, subject to the court's discretion to change venue in
468	accordance with s. 63.087 subject to the birth mother's right to
469	change venue to the county where she resides.
470	Section 9.  Subsections (2), (3), (4), (8), and (9) of
471	section 63.062, Florida Statutes, are amended to read:
472	63.062  Persons required to consent to adoption; affidavit
473	of nonpaternity; waiver of venue.--
474	(2)  In accordance with subsection (1), the consent of an
475	unmarried biological father shall be required necessary only if
476	the unmarried biological father has complied with the
477	requirements of this subsection.
478	(a)1.  With regard to a child who is placed with adoptive
479	parents more than 6 months after the child's birth, an unmarried
480	biological father must have developed a substantial relationship
481	with the child, taken some measure of responsibility for the
482	child and the child's future, and demonstrated a full commitment
483	to the responsibilities of parenthood by providing financial
484	support to the child in accordance with the unmarried biological
485	father's ability, if not prevented from doing so by the person
486	or authorized agency having lawful custody of the child, and
487	either:
488	a.  Regularly visited the child at least monthly, when
489	physically and financially able to do so and when not prevented
490	from doing so by the birth mother or the person or authorized
491	agency having lawful custody of the child; or
492	b.  Maintained regular communication with the child or with
493	the person or agency having the care or custody of the child,
494	when physically or financially unable to visit the child and or
495	when not prevented from doing so by the birth mother or person
496	or authorized agency having lawful custody of the child.
497	2.  The mere fact that an unmarried biological father
498	expresses a desire to fulfill his responsibilities towards his
499	child which is unsupported by acts evidencing this intent does
500	not preclude a finding by the court that the unmarried
501	biological father failed to comply with the requirements of this
502	subsection.
503	3.  An unmarried biological father who openly lived with
504	the child for at least 6 months within the 1-year period
505	following the birth of the child and immediately preceding
506	placement of the child with adoptive parents and who openly held
507	himself out to be the father of the child during that period
508	shall be deemed to have developed a substantial relationship
509	with the child and to have otherwise met the requirements of
510	this paragraph.
511	(b)  With regard to a child who is younger than 6 months of
512	age at the time the child is placed with the adoptive parents,
513	an unmarried biological father must have demonstrated a full
514	commitment to his parental responsibility by having performed
515	all of the following acts before prior to the time the mother
516	executes her consent for adoption or a petition for termination
517	of parental rights has been filed, whichever is earlier:
518	1.  Filed a notarized claim of paternity form with the
519	Florida Putative Father Registry within the Office of Vital
520	Statistics of the Department of Health, which form shall be
521	maintained in the confidential registry established for that
522	purpose and shall be considered filed when the notice is entered
523	in the registry of notices from unmarried biological fathers.
524	2.  Upon service of a notice of an intended adoption plan
525	or a petition for termination of parental rights pending
526	adoption, timely execute executed and file filed an affidavit in
527	that proceeding stating that he is personally fully able and
528	willing to take responsibility for the child, setting forth his
529	plans for care of the child, and agreeing to a court order of
530	child support and a contribution to the payment of living and
531	medical expenses incurred for the mother's pregnancy and the
532	child's birth in accordance with his ability to pay.
533	3.  If he had knowledge of the pregnancy, paid a fair and
534	reasonable amount of the expenses incurred in connection with
535	the mother's pregnancy and the child's birth, in accordance with
536	his financial ability and when not prevented from doing so by
537	the birth mother or person or authorized agency having lawful
538	custody of the child.
539	(c)  The petitioner shall file with the court a certificate
540	from the Office of Vital Statistics stating that a diligent
541	search has been made of the Florida Putative Father Registry of
542	notices from unmarried biological fathers described in
543	subparagraph (b)1. and that no filing has been found pertaining
544	to the father of the child in question or, if a filing is found,
545	stating the name of the putative father and the time and date of
546	filing. That certificate shall be filed with the court before
547	prior to the entry of a final judgment of termination of
548	parental rights.
549	(d)  An unmarried biological father who does not comply
550	with each of the conditions provided in this subsection is
551	deemed to have irrevocably waived and surrendered any rights in
552	relation to the child, including the right to notice of any
553	judicial proceeding in connection with the adoption of the
554	child, and his consent to the adoption of the child is not
555	required.
556	(3)(a)  Under Pursuant to chapter 48, an adoption entity
557	may serve upon any unmarried biological father identified by the
558	mother or identified by a diligent search of the Florida
559	Putative Father Registry, or upon an entity whose consent is
560	required, a notice of intended adoption plan at any time before
561	the child's birth or before placing prior to the placement of
562	the child in the adoptive home, including prior to the birth of
563	the child. The notice of intended adoption plan must
564	specifically state that if the unmarried biological father
565	desires to contest the adoption plan, he must file with the
566	court, within 30 days after service, a verified response that
567	contains a pledge of commitment to the child in substantial
568	compliance with subparagraph (2)(b)2. The notice of intended
569	adoption plan shall notify the unmarried biological father that,
570	if he has not already done so, he must file a claim of paternity
571	form with the Office of Vital Statistics within 30 days after
572	service upon him and must provide the adoption entity with a
573	copy of the verified response filed with the court and the claim
574	of paternity form filed with the Office of Vital Statistics. If
575	the party served with the notice of intended adoption plan is an
576	entity, the entity must file, within 30 days after service, a
577	verified response setting forth a legal basis for contesting the
578	intended adoption plan, specifically addressing the best
579	interest of the child. If the unmarried biological father whose
580	consent is required or the adoption entity whose consent is
581	required fails to properly file a verified response with the
582	court and, in the case of an unmarried biological father, a
583	claim of paternity form with the Office of Vital Statistics
584	within 30 days after service upon that unmarried biological
585	father or entity whose consent is required, the consent of that
586	unmarried biological father or entity is not shall no longer be
587	required under this chapter and that party shall be deemed to
588	have irrevocably waived any claim of rights to the child. Each
589	notice of intended adoption plan served upon an unmarried
590	biological father must include instructions as to the procedure
591	the unmarried biological father must follow to submit a claim of
592	paternity form to the Office of Vital Statistics and the address
593	to which the registration must be directed.
594	(b)  If the birth mother identifies a man who she believes
595	is the unmarried biological father of her child, the adoption
596	entity may provide a notice of intended adoption plan pursuant
597	to paragraph (a). If the mother identifies a potential unmarried
598	biological father whose location is unknown, the adoption entity
599	shall conduct a diligent search pursuant to s. 63.088. If, upon
600	completion of a diligent search, the potential unmarried
601	biological father's location remains unknown and a search of the
602	Florida Putative Father Registry fails to reveal a match, the
603	adoption entity shall request in the petition for termination of
604	parental rights pending adoption that the court declare the
605	diligent search to be in compliance with s. 63.088 and to
606	further declare that the adoption entity shall have no further
607	obligation to provide notice to the potential unmarried
608	biological father and that the potential unmarried biological
609	father's consent to the adoption shall not be required.
610	(4)  Any person whose consent is required under paragraph
611	(1)(b), or any other man, paragraphs (1)(c)-(e) may execute an
612	irrevocable affidavit of nonpaternity in lieu of a consent under
613	this section and by doing so waives notice to all court
614	proceedings after the date of execution. An affidavit of
615	nonpaternity must be executed as provided in s. 63.082. The
616	affidavit of nonpaternity may be executed before prior to the
617	birth of the child. The person executing the affidavit must
618	receive disclosure under s. 63.085 before prior to signing the
619	affidavit.
620	(8)  A petition to adopt an adult may be granted if:
621	(a)  Written consent to adoption has been executed by the
622	adult and the adult's spouse, if any.
623	(b)  Written notice of the final hearing on the adoption
624	has been provided to the parents, if any, or proof of service of
625	process has been filed, showing notice has been served on the
626	parents as provided in this chapter.
627	(9)  A petition for termination of parental rights shall be
628	filed in the appropriate county as determined under s.
629	63.087(2). If any the parent or parents whose consent is
630	required objects rights are to be terminated object to venue in
631	the county where the action was filed, the court may transfer
632	venue to a proper venue consistent with this chapter and chapter
633	47 the action to the county where the objecting parent or
634	parents reside, unless the objecting parent has previously
635	executed a waiver of venue.
636	Section 10.  Paragraph (d) of subsection (1), paragraphs
637	(b), (c), and (e) of subsection (4), subsections (5) and (6),
638	and paragraphs (a), (b), (c), (d), and (f) of subsection (7) of
639	section 63.082, Florida Statutes, are amended to read:
640	63.082  Execution of consent to adoption or affidavit of
641	nonpaternity; family social and medical history; withdrawal of
642	consent.--
643	(1)
644	(d)  The notice and consent provisions of this chapter as
645	they relate to the birth of a child or to legal fathers do not
646	apply in cases in which the child is conceived as a result of a
647	violation of the criminal laws of this or another state,
648	including, but not limited to, sexual battery, unlawful sexual
649	activity with certain minors under s. 794.05, lewd acts
650	perpetrated upon a minor, or incest.
651	(4)
652	(b)  A consent to the adoption of a minor who is to be
653	placed for adoption shall not be executed by the birth mother
654	sooner than 48 hours after the minor's birth or the day the
655	birth mother has been notified in writing, either on her patient
656	chart or in release paperwork, that she is fit to be released
657	from the licensed hospital or birth center, whichever is
658	earlier. A consent by any man a biological father or legal
659	father may be executed at any time after the birth of the child.
660	A consent executed under this paragraph is valid upon execution
661	and may be withdrawn only if the court finds that it was
662	obtained by fraud or duress.
663	(c)  When the minor to be adopted is older than 6 months of
664	age at the time of the execution of the consent, the consent to
665	adoption is valid upon execution; however, it is subject to a 3-
666	day revocation period or may be revoked at any time prior to the
667	placement of the minor with the prospective adoptive parents,
668	whichever is later. If a consent has been executed, this
669	subsection may not be construed to provide a birth parent with
670	more than 3 days to revoke the consent once the child has been
671	placed with the prospective adoptive parents.
672	(e)  A consent to adoption being executed by the birth
673	parent must be in at least 12-point boldfaced type in
674	substantially the following form:
675	CONSENT TO ADOPTION
676
677	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
678	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
679	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
680	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
681	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
682	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
683	WITNESSES YOU SELECTED, IF ANY.
684	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
685	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
686	CONSENT:
687	1.  CONSULT WITH AN ATTORNEY;
688	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
689	LEGALLY PROHIBITED;
690	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
691	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
692	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
693	PROHIBITED; AND
694	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
695	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
696	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
697	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
698	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
699	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
700	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
701	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
702	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
703	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
704	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
705	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
706	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
707	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
708	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
709	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
710	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
711	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
712	DURESS.
713	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
714	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
715	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
716	YOU WISH TO WITHDRAW YOUR CONSENT; AND
717	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
718	OR DURESS.
719
720	This statement of rights is not required for the adoption of a
721	relative, an adult, a stepchild, or a child older than 6 months
722	of age. A consent form for the adoption of a child older than 6
723	months of age at the time of execution of consent must contain a
724	statement outlining the revocation rights provided in paragraph
725	(c).
726	(5)  A copy or duplicate original of each consent signed
727	under this chapter in an action for termination of parental
728	rights pending adoption must be provided to the person who
729	executed the consent to adoption. The copy must be hand
730	delivered, with a written acknowledgment of receipt signed by
731	the person whose consent is required at the time of execution.
732	If a copy of a consent cannot be provided as required in this
733	subsection, the adoption entity must execute an affidavit
734	stating why the copy of the consent was not delivered. The
735	original consent and acknowledgment of receipt, or an affidavit
736	stating why the copy of the consent was not delivered, must be
737	filed with the petition for termination of parental rights
738	pending adoption.
739	(6)(a)  If a birth parent executes a consent for placement
740	of a minor with an adoption entity or qualified prospective
741	adoptive parents and the minor child is in the custody of the
742	department, but parental rights have not yet been terminated,
743	the adoption consent shall be valid, binding, and enforceable by
744	the court.
745	(b)  Upon execution of the consent of the birth parent, the
746	adoption entity shall be permitted to intervene in the
747	dependency case as a party in interest and shall provide the
748	court having jurisdiction over the minor pursuant to the shelter
749	or dependency petition filed by the department with a copy of
750	the preliminary home study of the prospective adoptive parents
751	and any other evidence of the suitability of the placement. The
752	preliminary home study shall be maintained with strictest
753	confidentiality within the dependency court file and the
754	department's file. A preliminary home study must be provided to
755	the court in all cases in which an adoption entity has
756	intervened under pursuant to this section.
757	(c)  Upon a determination by the court that the prospective
758	adoptive parents have met the requirements of this chapter are
759	properly qualified to adopt the minor child and that the
760	adoption appears to be in the best interest of the minor child,
761	the court shall immediately order the transfer of custody of the
762	minor child to the prospective adoptive parents, under the
763	supervision of the adoption entity. If the department is no
764	longer pursuing a termination of parental rights or dependency
765	case over the child, the adoption entity shall thereafter
766	provide monthly supervision reports to the court, only if
767	required, department until finalization of the adoption.
768	(d)  In determining whether the best interest of the child
769	will be served by transferring the custody of the minor child to
770	the prospective adoptive parent selected by the birth parent,
771	the court shall give consideration to the rights of the birth
772	parent to determine an appropriate placement for the child, the
773	permanency offered, the child's bonding with any potential
774	adoptive home that the child has been residing in, and the
775	importance of maintaining sibling relationships, if possible.
776	(7)(a)  A consent that is being withdrawn under paragraph
777	(4)(c) may be withdrawn at any time prior to the minor's
778	placement with the prospective adoptive parents or by notifying
779	the adoption entity in writing by certified United States mail,
780	return receipt requested, not later than 3 business days after
781	execution of the consent. As used in this subsection, the term
782	"business day" means any day on which the United States Postal
783	Service accepts certified mail for delivery.
784	(b)  Upon receiving timely written notice from a person
785	whose consent to adoption is required of that person's desire to
786	withdraw consent to adoption, the adoption entity must contact
787	the prospective adoptive parent to arrange a time certain for
788	the adoption entity to regain physical custody of the minor,
789	unless, upon a motion for emergency hearing by the adoption
790	entity, the court determines in written findings that placement
791	of the minor with the person who had legal or physical custody
792	of the child immediately before placing the child for adoption
793	withdrawing consent may endanger the minor, or that the person
794	who desires to withdraw consent to the adoption would not be
795	required to consent to the adoption, or has been determined to
796	have abandoned the child, or may otherwise be subject to the
797	consent being waived under this chapter.
798	(c)  If the court finds that the such placement may
799	endanger the minor, the court must enter an order regarding
800	continued placement of the minor. The order shall direct
801	continued placement with the prospective adoptive parents
802	pending further proceedings if they desire continued placement.
803	If the prospective adoptive parents do not desire continued
804	placement, the order shall include, but not be limited to,
805	whether temporary placement in foster care, with the person who
806	had legal or physical custody of the child immediately before
807	placing the child for adoption, or with a relative is in the
808	best interest of the child and is appropriate, whether an
809	investigation by the department is recommended, and whether a
810	relative is available for the temporary placement.
811	(d)  If the person withdrawing a required consent claims to
812	be the father of the minor but has not been established to be
813	the father by marriage, court order, or scientific testing, the
814	court may order scientific paternity testing upon a showing that
815	the testing is in compliance with state law and reserve ruling
816	on removal of the minor until the results of such testing have
817	been filed with the court.
818	(f)  Following the revocation period for withdrawal of
819	consent described in paragraph (a), or the placement of the
820	child with the prospective adoptive parents, whichever occurs
821	later, a consent may be withdrawn only when the court finds that
822	the consent was obtained by fraud or duress.
823	Section 11.  Subsection (1) of section 63.085, Florida
824	Statutes, is amended to read:
825	63.085  Disclosure by adoption entity.--
826	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
827	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
828	to adopt a minor or a person seeking to place a minor for
829	adoption contacts an adoption entity in person or provides the
830	adoption entity with a mailing address, the entity must provide
831	a written disclosure statement to that person if the entity
832	agrees or continues to work with the such person. If an adoption
833	entity is assisting in the effort to terminate the parental
834	rights of a parent who did not initiate the contact with the
835	adoption entity, the written disclosure must be provided within
836	14 days after that parent is identified and located. For
837	purposes of providing the written disclosure, a person is
838	considered to be seeking to place a minor for adoption when that
839	person has sought information or advice from the adoption entity
840	regarding the option of adoptive placement. The written
841	disclosure statement must be in substantially the following
842	form:
843	ADOPTION DISCLOSURE
844
845	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
846	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
847	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
848	ADOPTION UNDER FLORIDA LAW:
849	1.  The name, address, and telephone number of the adoption
850	entity providing this disclosure is:
851	Name:
852	Address:
853	Telephone Number:
854	2.  The adoption entity does not provide legal
855	representation or advice to birth parents, and birth parents
856	have the right to consult with an attorney of their own choosing
857	to advise them.
858	3.  With the exception of an adoption by a stepparent or
859	relative, a child cannot be placed into a prospective adoptive
860	home unless the prospective adoptive parents have received a
861	favorable preliminary home study, including criminal and child
862	abuse clearances.
863	4.  A valid consent for adoption may not be signed by the
864	birth mother until 48 hours after the birth of the child, or the
865	day the birth mother is notified, in writing, that she is fit
866	for discharge from the licensed hospital or birth center. Any
867	man A putative father may sign a valid consent for adoption at
868	any time after the birth of the child.
869	5.  A consent for adoption signed before the child attains
870	the age of 6 months is binding and irrevocable from the moment
871	it is signed unless it can be proven in court that the consent
872	was obtained by fraud or duress. A consent for adoption signed
873	after the child attains the age of 6 months is valid from the
874	moment it is signed; however, it may be revoked until the child
875	is placed in an adoptive home, or up to 3 business days after it
876	was signed, whichever period is longer.
877	6.  A consent for adoption is not valid if the signature of
878	the person who signed the consent was obtained by fraud or
879	duress.
880	7.  There are alternatives to adoption, including foster
881	care, relative care, and parenting the child. There may be
882	services and sources of financial assistance in the community
883	available to birth parents if they choose to parent the child.
884	8.  A birth parent has the right to have a witness of his
885	or her choice, who is unconnected with the adoption entity or
886	the adoptive parents, to be present and witness the signing of
887	the consent or affidavit of nonpaternity.
888	9.  A birth parent 14 years of age or younger must have a
889	parent, legal guardian, or court-appointed guardian ad litem to
890	assist and advise the birth parent as to the adoption plan.
891	10.  A birth parent has a right to receive supportive
892	counseling from a counselor, social worker, physician, clergy,
893	or attorney, and such counseling would be beneficial to the
894	birth parent.
895	11.  The payment of living or medical expenses by the
896	prospective adoptive parents prior to the birth of the child
897	does not, in any way, obligate the birth parent to sign the
898	consent for adoption.
899	Section 12.  Section 63.087, Florida Statutes, is amended
900	to read:
901	63.087  Proceeding to terminate parental rights pending
902	adoption; general provisions.--
903	(1)  JURISDICTION.--A court of this state which is
904	competent to decide child welfare or custody matters has
905	jurisdiction to hear all matters arising from a proceeding to
906	terminate parental rights pending adoption.
907	(2)  VENUE.--
908	(a)  A petition to terminate parental rights pending
909	adoption must be filed:
910	1.  In the county where the child resides;
911	2.  If the child does not reside in the State of Florida,
912	in the county where the adoption entity is located;
913	2.3.  In the county where the adoption entity is located;
914	or
915	3.4.  If neither parent resides in the state, in the county
916	where the adoption entity is located. The fact of the minor's
917	presence within the state confers jurisdiction on the court in
918	proceedings in the minor's case under this chapter, or to a
919	parent or guardian if due notice has been given.
920	(b)  If a petition for termination of parental rights has
921	been filed and a parent whose consent is required rights are to
922	be terminated objects to venue, there must be a hearing in which
923	the court shall determine whether that parent intends to assert
924	legally recognized grounds to contest a termination of parental
925	rights and, if so, the court may shall immediately transfer
926	venue to a proper venue under this subsection the county where
927	that parent resides or resided at the time of the execution of
928	the consent. For purposes of selecting venue, the court shall
929	consider the ease of access to the court for the parent and the
930	factors set forth in s. 47.122 who intends to contest a
931	termination of parental rights.
932	(c)  If there is a transfer of venue, the court may
933	determine which party shall bear the cost of venue transfer.
934
935	For purposes of the hearing under this subsection, witnesses
936	located in another jurisdiction may testify by deposition or
937	testify by telephone, audiovisual means, or other electronic
938	means before a designated court or at another location.
939	Documentary evidence transmitted from another location by
940	technological means that do not produce an original writing may
941	not be excluded from evidence on an objection based on the means
942	of transmission. The court on its own motion may otherwise
943	prescribe the manner in which and the terms upon which the
944	testimony is taken.
945	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
946	may not be filed until after the date the court enters the
947	judgment terminating parental rights pending adoption under this
948	chapter or under chapter 39. Adoptions of relatives, adult
949	adoptions, or adoptions of stepchildren shall not be required to
950	file a separate termination of parental rights proceeding
951	pending adoption. In such cases, the petitioner may file a joint
952	petition for termination of parental rights and adoption
953	attaching all required consents, affidavits, notices, and
954	acknowledgments shall be attached to the petition for adoption
955	or filed separately in the adoption proceeding. All provisions
956	of this chapter apply to these joint petitions unless otherwise
957	provided by law.
958	(4)  PETITION.--
959	(a)  A proceeding seeking to terminate parental rights
960	pending adoption under pursuant to this chapter must be
961	initiated by the filing of an original petition after the birth
962	of the minor.
963	(b)  The petition may be filed by a parent or person having
964	physical or legal custody of the minor. The petition may be
965	filed by an adoption entity only if a parent or person having
966	physical or legal custody who has executed a consent to adoption
967	under pursuant to s. 63.082 also consents in writing to the
968	adoption entity filing the petition. The original of the such
969	consent must be filed with the petition.
970	(c)  The petition must be entitled: "In the Matter of the
971	Termination of Parental Rights for the Proposed Adoption of a
972	Minor Child."
973	(d)  The petition to terminate parental rights pending
974	adoption must be in writing and signed by the petitioner under
975	oath stating the petitioner's good faith in filing the petition.
976	A written consent to adoption, affidavit of nonpaternity, or
977	affidavit of diligent search under s. 63.088, for each person
978	whose consent to adoption is required under s. 63.062, must be
979	executed and attached.
980	(e)  The petition must include:
981	1.  The minor's name, gender, date of birth, and place of
982	birth. The petition must contain all names by which the minor is
983	or has been known, excluding the minor's prospective adoptive
984	name but including the minor's legal name at the time of the
985	filing of the petition. In the case of an infant child whose
986	adoptive name appears on the original birth certificate, the
987	adoptive name shall not be included in the petition, nor shall
988	it be included elsewhere in the termination of parental rights
989	proceeding unless the proceedings are filed according to s.
990	63.102(6).
991	2.  All information required by the Uniform Child Custody
992	Jurisdiction and Enforcement Act and the Indian Child Welfare
993	Act, except the names and addresses of the adoptive parents,
994	which shall be kept confidential as required by s. 63.162.
995	3.  A statement of the grounds under s. 63.089 upon which
996	the petition is based.
997	4.  The name, address, and telephone number of any adoption
998	entity seeking to place the minor for adoption.
999	5.  The name, address, and telephone number of the division
1000	of the circuit court in which the petition is to be filed.
1001	6.  A certification of compliance with the requirements of
1002	s. 63.0425 regarding notice to grandparents of an impending
1003	adoption.
1004	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1005	summons to be issued substantially in the form provided in Form
1006	1.902, Florida Rules of Civil Procedure. The Petition and
1007	summons and a copy of the petition shall be served upon any
1008	person who executed a whose consent to adoption or affidavit of
1009	nonpaternity has been provided but who has not waived service of
1010	the pleadings and notice of the hearing thereon and also upon
1011	any person whose consent to adoption is required under s.
1012	63.062, but who has not provided that consent or an affidavit of
1013	nonpaternity.
1014	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1015	petition or any pleading requiring an answer shall be timely
1016	filed in accordance with the Florida Rules of Civil Procedure.
1017	Failure to file a written response or to appear at the hearing
1018	on the petition constitutes grounds upon which the court may
1019	terminate parental rights. Failure to appear at the hearing
1020	constitutes grounds upon which the court may terminate parental
1021	rights. The petitioner shall provide notice of the final hearing
1022	by United States mail to any person who has been served with the
1023	summons and petition for termination of parental rights within
1024	the specified time periods. Notwithstanding the filing of any
1025	answer or any pleading, Any person present at the hearing to
1026	terminate parental rights pending adoption whose consent to
1027	adoption is required under s. 63.062 must:
1028	(a)  Be advised by the court that he or she has a right to
1029	ask that the hearing be reset for a later date so that the
1030	person may consult with an attorney; and
1031	(b)  Be given an opportunity to admit or deny the
1032	allegations in the petition.
1033	Section 13.  Subsections (2), (3), (5), and (6) of section
1034	63.088, Florida Statutes, are amended to read:
1035	63.088  Proceeding to terminate parental rights pending
1036	adoption; notice and service; diligent search.--
1037	(2)  IDENTITY KNOWN AND LOCATION UNKNOWN; PROCEDURES TO
1038	INITIATE IDENTIFICATION OF LOCATION PROCEDURES.--When the
1039	location of a person whose consent to an adoption is required
1040	but is unknown not known, the adoption entity must begin the
1041	inquiry and diligent search process required by this section
1042	within a reasonable time period after the date on which the
1043	person seeking to place a minor for adoption has evidenced in
1044	writing to the adoption entity a desire to place the minor for
1045	adoption with that entity, or not later than 30 days after the
1046	date any money is provided as permitted under this chapter by
1047	the adoption entity for the benefit of the person seeking to
1048	place a minor for adoption.
1049	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1050	determine that a minor is available for adoption, and in
1051	addition to the other requirements set forth in this chapter,
1052	each person whose consent is required under s. 63.062, who has
1053	not executed a consent or an affidavit of nonpaternity, and
1054	whose location and identity have been determined by compliance
1055	with the procedures in this section must be personally served,
1056	pursuant to chapter 48, at least 20 days before the hearing with
1057	a copy of the summons and a copy of the petition to terminate
1058	parental rights pending adoption as provided under s. 63.087(5)
1059	and with notice in substantially the following form:
1060
1061	NOTICE OF PETITION AND HEARING
1062	TO TERMINATE PARENTAL RIGHTS
1063	PENDING ADOPTION
1064
1065	A petition to terminate parental rights pending adoption
1066	has been filed. A copy of the petition is being served
1067	with this notice. There will be a hearing on the petition
1068	to terminate parental rights pending adoption on (date) at
1069	(time) before (judge) at (location, including complete
1070	name and street address of the courthouse). The court has
1071	set aside (amount of time) for this hearing.
1072
1073	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1074	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1075	WITH THE COURT AND OR TO APPEAR AT THIS HEARING
1076	CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY
1077	PARENTAL RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE MINOR
1078	CHILD.
1079
1080	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1081	the court under subsection (4) identifies any person whose
1082	consent to adoption is required under s. 63.062 and who has not
1083	executed a consent to adoption or an affidavit of nonpaternity,
1084	and the location of the person from whom consent is required is
1085	unknown, the adoption entity must conduct a diligent search for
1086	that person which must include inquiries concerning:
1087	(a)  The person's current address, or any previous address,
1088	through an inquiry of the United States Postal Service through
1089	the Freedom of Information Act;
1090	(b)  The last known employment of the person, including the
1091	name and address of the person's employer;
1092	(c)  Regulatory agencies, including those regulating
1093	professional licensing in the area where the person last
1094	resided;
1095	(d)  Names and addresses of relatives to the extent such
1096	can be reasonably obtained from the petitioner or other sources,
1097	contacts with those relatives, and inquiry as to the person's
1098	last known address. The petitioner shall pursue any leads of any
1099	addresses to which the person may have moved;
1100	(e)  Information as to whether or not the person may have
1101	died and, if so, the date and location;
1102	(f)  Telephone listings in the area where the person last
1103	resided;
1104	(g)  Inquiries of law enforcement agencies in the area
1105	where the person last resided;
1106	(h)  Highway patrol records in the state where the person
1107	last resided;
1108	(i)  Department of Corrections records in the state where
1109	the person last resided;
1110	(j)  Hospitals in the area where the person last resided;
1111	(k)  Records of utility companies, including water, sewer,
1112	cable television, and electric companies, in the area where the
1113	person last resided;
1114	(l)  Records of the Armed Forces of the United States as to
1115	whether there is any information as to the person;
1116	(m)  Records of the tax assessor and tax collector in the
1117	area where the person last resided; and
1118	(n)  Search of one Internet databank locator service.
1119
1120	Any person contacted by a petitioner or adoption entity when
1121	requesting information under this subsection must release the
1122	requested information to the petitioner or adoption entity,
1123	except when prohibited by law, without the necessity of a
1124	subpoena or a court order. An affidavit of diligent search
1125	executed by the petitioner and the adoption entity must be filed
1126	with the court confirming completion of each aspect of the
1127	diligent search enumerated in this subsection and specifying the
1128	results. The diligent search required under this subsection may
1129	be conducted before the birth of the minor.
1130	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1131	if, as to any person whose consent is required under s. 63.062
1132	and who has not executed a consent to adoption or an affidavit
1133	of nonpaternity, the location of the person is unknown and the
1134	inquiry under subsection (4) fails to locate the person. The
1135	unlocated person must be served notice under subsection (3) by
1136	constructive service in the manner provided in chapter 49. The
1137	notice shall be published in the county where the person was
1138	last known to have resided. The notice, in addition to all
1139	information required under chapter 49, must include a physical
1140	description, including, but not limited to, age, race, hair and
1141	eye color, and approximate height and weight of the person, the
1142	minor's date of birth, and the place of birth of the minor.
1143	Constructive service by publication shall not be required to
1144	provide notice to a an identified birth father whose consent is
1145	not required under pursuant to ss. 63.062 and 63.064.
1146	Section 14.  Section 63.089, Florida Statutes, is amended
1147	to read:
1148	63.089  Proceeding to terminate parental rights pending
1149	adoption; hearing; grounds; dismissal of petition; judgment.--
1150	(1)  HEARING.--The court may terminate parental rights
1151	pending adoption only after a hearing.
1152	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1153	only when:
1154	(a)  For each person whose consent to adoption is required
1155	under s. 63.062:
1156	1.  A consent under s. 63.082 has been executed and filed
1157	with the court;
1158	2.  An affidavit of nonpaternity under s. 63.082 has been
1159	executed and filed with the court;
1160	3.  Notice has been provided under ss. 63.087 and 63.088;
1161	or
1162	4.  The certificate from the Office of Vital Statistics has
1163	been provided to the court stating that a diligent search has
1164	been made of the Florida Putative Father Registry created in s.
1165	63.054 and that no filing has been found pertaining to the
1166	father of the child in question or, if a filing is found,
1167	stating the name of the putative father and the time and date of
1168	the filing.
1169	(b)  For each notice and petition that must be served under
1170	ss. 63.087 and 63.088:
1171	1.  At least 20 days have elapsed since the date of
1172	personal service of process and an affidavit of service has been
1173	filed with the court;
1174	2.  At least 30 days have elapsed since the first date of
1175	publication of constructive service and an affidavit of service
1176	has been filed with the court; or
1177	3.  An affidavit of nonpaternity, consent for adoption, or
1178	other document that which affirmatively waives service has been
1179	executed and filed with the court;
1180	(c)  The minor named in the petition has been born; and
1181	(d)  The petition contains all information required under
1182	s. 63.087 and all affidavits of inquiry, diligent search, and
1183	service required under s. 63.088 have been obtained and filed
1184	with the court.
1185	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1186	ADOPTION.--The court may enter a judgment terminating parental
1187	rights pending adoption if the court determines by clear and
1188	convincing evidence, supported by written findings of fact, that
1189	each person whose consent to adoption is required under s.
1190	63.062:
1191	(a)  Has executed a valid consent under s. 63.082 and the
1192	consent was obtained according to the requirements of this
1193	chapter;
1194	(b)  Has executed an affidavit of nonpaternity and the
1195	affidavit was obtained according to the requirements of this
1196	chapter;
1197	(c)  Has been served with a notice of the intended adoption
1198	plan in accordance with the provisions of s. 63.062(3) and has
1199	failed to respond within the designated time period;
1200	(d)  Has been properly served notice of the proceeding in
1201	accordance with the requirements of this chapter and has failed
1202	to file a written answer and or appear at the evidentiary
1203	hearing resulting in the judgment terminating parental rights
1204	pending adoption;
1205	(e)  Has been properly served notice of the proceeding in
1206	accordance with the requirements of this chapter and has been
1207	determined under subsection (4) to have abandoned the minor as
1208	defined in s. 63.032;
1209	(f)  Is a parent of the person to be adopted, which parent
1210	has been judicially declared incapacitated with restoration of
1211	competency found to be medically improbable;
1212	(g)  Is a person who has legal custody of the person to be
1213	adopted, other than a parent, who has failed to respond in
1214	writing to a request for consent for a period of 60 days or,
1215	after examination of his or her written reasons for withholding
1216	consent, is found by the court to be withholding his or her
1217	consent unreasonably;
1218	(h)  Has been properly served notice of the proceeding in
1219	accordance with the requirements of this chapter, but has been
1220	found by the court, after examining written reasons for the
1221	withholding of consent, to be unreasonably withholding his or
1222	her consent; or
1223	(i)  Is the spouse of the person to be adopted who has
1224	failed to consent, and the failure of the spouse to consent to
1225	the adoption is excused by reason of prolonged and unexplained
1226	absence, unavailability, incapacity, or circumstances that are
1227	found by the court to constitute unreasonable withholding of
1228	consent.
1229	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1230	resulting in a termination of parental rights must be based upon
1231	clear and convincing evidence that a parent or person having
1232	legal custody has abandoned the child in accordance with the
1233	definition contained in s. 63.032(1). A finding of abandonment
1234	may be based upon emotional abuse or a refusal to provide
1235	reasonable financial support, when able, to a birth mother
1236	during her pregnancy. If, in the opinion of the court, the
1237	efforts of a parent or person having legal custody of the child
1238	to support and communicate with the child are only marginal
1239	efforts that do not evince a settled purpose to assume all
1240	parental duties, the court may declare the child to be
1241	abandoned. In making this decision, the court may consider the
1242	conduct of a father toward the child's mother during her
1243	pregnancy.
1244	(a)  In making a determination of abandonment at a hearing
1245	for termination of parental rights under pursuant to this
1246	chapter, the court must consider, among other relevant factors
1247	not inconsistent with this section:
1248	1.  Whether the actions alleged to constitute abandonment
1249	demonstrate a willful disregard for the safety or welfare of the
1250	child or unborn child;
1251	2.  Whether the person alleged to have abandoned the child,
1252	while being able, failed to provide financial support;
1253	3.  Whether the person alleged to have abandoned the child,
1254	while being able, failed to pay for medical treatment; and
1255	4.  Whether the amount of support provided or medical
1256	expenses paid was appropriate, taking into consideration the
1257	needs of the child and relative means and resources available to
1258	the person alleged to have abandoned the child.
1259	(b)  The child has been abandoned when the parent of a
1260	child is incarcerated on or after October 1, 2001, in a state or
1261	federal correctional institution and:
1262	1.  The period of time for which the parent has been or is
1263	expected to be incarcerated will constitute a significant
1264	substantial portion of the child's minority period of time
1265	before the child will attain the age of 18 years;
1266	2.  The incarcerated parent has been determined by the
1267	court to be a violent career criminal as defined in s. 775.084,
1268	a habitual violent felony offender as defined in s. 775.084,
1269	convicted of child abuse as defined in s. 827.03, or a sexual
1270	predator as defined in s. 775.21; has been convicted of first
1271	degree or second degree murder in violation of s. 782.04 or a
1272	sexual battery that constitutes a capital, life, or first degree
1273	felony violation of s. 794.011; or has been convicted of an
1274	offense in another jurisdiction which is substantially similar
1275	to one of the offenses listed in this subparagraph. As used in
1276	this section, the term "substantially similar offense" means any
1277	offense that is substantially similar in elements and penalties
1278	to one of those listed in this subparagraph, and that is in
1279	violation of a law of any other jurisdiction, whether that of
1280	another state, the District of Columbia, the United States or
1281	any possession or territory thereof, or any foreign
1282	jurisdiction; or
1283	3.  The court determines by clear and convincing evidence
1284	that continuing the parental relationship with the incarcerated
1285	parent would be harmful to the child and, for this reason, that
1286	termination of the parental rights of the incarcerated parent is
1287	in the best interest of the child.
1288	(5)  DISMISSAL OF PETITION.--If the court does not find by
1289	clear and convincing evidence that parental rights of a parent
1290	should be terminated pending adoption, the court must dismiss
1291	the petition and that parent's parental rights that were the
1292	subject of such petition shall remain in full force under the
1293	law. The order must include written findings in support of the
1294	dismissal, including findings as to the criteria in subsection
1295	(4) if rejecting a claim of abandonment. Parental rights may not
1296	be terminated based upon a consent that the court finds has been
1297	timely withdrawn under s. 63.082 or a consent to adoption or
1298	affidavit of nonpaternity that the court finds was obtained by
1299	fraud or duress. The court must enter an order based upon
1300	written findings providing for the placement of the minor. The
1301	court may order scientific testing to determine the paternity of
1302	the minor at any time during which the court has jurisdiction
1303	over the minor, upon a showing that the testing is in compliance
1304	with state law. Further proceedings, if any, regarding the minor
1305	must be brought in a separate custody action under chapter 61, a
1306	dependency action under chapter 39, or a paternity action under
1307	chapter 742.
1308	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1309	ADOPTION.--
1310	(a)  The judgment terminating parental rights pending
1311	adoption must be in writing and contain findings of fact as to
1312	the grounds for terminating parental rights pending adoption.
1313	(b)  Within 7 days after filing, the court shall mail a
1314	copy of the judgment to the department. The clerk shall execute
1315	a certificate of the such mailing.
1316	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1317	(a)  A motion for relief from a judgment terminating
1318	parental rights must be filed with the court originally entering
1319	the judgment. The motion must be filed within a reasonable time,
1320	but not later than 1 year after the entry of the judgment
1321	terminating parental rights.
1322	(b)  No later than 30 days after the filing of a motion
1323	under this subsection, the court must conduct a preliminary
1324	hearing to determine what contact, if any, shall be permitted
1325	between a parent and the child pending resolution of the motion.
1326	The Such contact shall be considered only if it is requested by
1327	a parent who has appeared at the hearing. If the court orders
1328	contact between a parent and child, the order must be issued in
1329	writing as expeditiously as possible and must state with
1330	specificity the terms any provisions regarding contact with
1331	persons other than those with whom the child resides.
1332	(c)  At the preliminary hearing, the court, upon the motion
1333	of any party or upon its own motion, may order scientific
1334	testing to determine the paternity of the minor if the person
1335	seeking to set aside the judgment is a person whose consent is
1336	required alleging to be the child's father and that fact has not
1337	previously been determined by legitimacy or scientific testing,
1338	and if the testing is in compliance with state law. The court
1339	may order visitation with a person for whom scientific testing
1340	for paternity has been ordered and who has previously
1341	established a bonded relationship with the child.
1342	(d)  Unless otherwise agreed between the parties or for
1343	good cause shown, the court shall conduct a final hearing on the
1344	motion for relief from judgment within 45 days after the filing
1345	and enter its written order as expeditiously as possible
1346	thereafter.
1347	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1348	records pertaining to a petition to terminate parental rights
1349	pending adoption are related to the subsequent adoption of the
1350	minor and are subject to the provisions of s. 63.162. The
1351	confidentiality provisions of this chapter do not apply to the
1352	extent information regarding persons or proceedings must be made
1353	available as specified under s. 63.088.
1354	Section 15.  Section 63.092, Florida Statutes, is amended
1355	to read:
1356	63.092  Report to the court of intended placement by an
1357	adoption entity; at-risk placement; preliminary study.--
1358	(1)  REPORT TO THE COURT.--The adoption entity must report
1359	any intended placement of a minor for adoption with any person
1360	who is not a relative or a stepparent if the adoption entity has
1361	knowledge of, or participates in the, such intended placement.
1362	The report must be made to the court before the minor is placed
1363	in the home or within 2 business days 48 hours thereafter.
1364	Failure to file the report of intended placement within 2
1365	business days does not constitute grounds to deny the petition
1366	for termination of parental rights or adoption if the report is
1367	subsequently filed and no party is prejudiced by the failure to
1368	file the report in a timely manner.
1369	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1370	prospective adoptive home before the parental rights of the
1371	minor's parents are terminated under s. 63.089, the placement is
1372	an at-risk placement. If the placement is an at-risk placement,
1373	the prospective adoptive parents must acknowledge in writing
1374	before the minor may be placed in the prospective adoptive home
1375	that the placement is at risk. The prospective adoptive parents
1376	shall be advised by the adoption entity, in writing, that the
1377	minor is subject to removal from the prospective adoptive home
1378	by the adoption entity or by court order at any time before
1379	prior to the finalization of the adoption.
1380	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1381	the intended adoptive home, a preliminary home study must be
1382	performed by a licensed child-placing agency, a child-caring
1383	agency registered under s. 409.176, a licensed psychologist,
1384	clinical social worker, marriage and family therapist, or mental
1385	health counselor qualified and licensed to perform a home study
1386	in the state or country where the adoptive parent resides
1387	professional, or agency described in s. 61.20(2), unless the
1388	adoptee is an adult or the petitioner is a stepparent or a
1389	relative. If the adoptee is an adult or the petitioner is a
1390	stepparent or a relative, a preliminary home study may be
1391	required by the court for good cause shown. The department is
1392	required to perform the preliminary home study only if there is
1393	no licensed child-placing agency, child-caring agency registered
1394	under s. 409.176, licensed professional, or agency described in
1395	s. 61.20(2), in the county where the prospective adoptive
1396	parents reside. The preliminary home study must be made to
1397	determine the suitability of the intended adoptive parents and
1398	may be completed before prior to identification of a prospective
1399	adoptive minor. A favorable preliminary home study is valid for
1400	1 year after the date of its completion. Upon its completion, a
1401	copy of the home study must be provided to the intended adoptive
1402	parents who were the subject of the home study. A minor may not
1403	be placed in an intended adoptive home before a favorable
1404	preliminary home study is completed unless the adoptive home is
1405	also a licensed foster home under s. 409.175. The preliminary
1406	home study must include, at a minimum:
1407	(a)  An interview with the intended adoptive parents;
1408	(b)  Records checks of the department's central abuse
1409	registry and criminal records correspondence checks under
1410	pursuant to s. 435.045 through the Department of Law Enforcement
1411	on the intended adoptive parents;
1412	(c)  An assessment of the physical environment of the home;
1413	(d)  A determination of the financial security of the
1414	intended adoptive parents;
1415	(e)  Documentation of counseling and education of the
1416	intended adoptive parents on adoptive parenting;
1417	(f)  Documentation that information on adoption and the
1418	adoption process has been provided to the intended adoptive
1419	parents;
1420	(g)  Documentation that information on support services
1421	available in the community has been provided to the intended
1422	adoptive parents; and
1423	(h)  A copy of each prospective adoptive parent's signed
1424	acknowledgment of receipt of disclosure required by s. 63.085.
1425
1426	If the preliminary home study is favorable, a minor may be
1427	placed in the home pending entry of the judgment of adoption. A
1428	minor may not be placed in the home if the preliminary home
1429	study is unfavorable. If the preliminary home study is
1430	unfavorable, the adoption entity may, within 20 days after
1431	receipt of a copy of the written recommendation, petition the
1432	court to determine the suitability of the intended adoptive
1433	home. A determination as to suitability under this subsection
1434	does not act as a presumption of suitability at the final
1435	hearing. In determining the suitability of the intended adoptive
1436	home, the court must consider the totality of the circumstances
1437	in the home. No minor may be placed in a home in which there
1438	resides any person determined by the court to be a sexual
1439	predator as defined in s. 775.21 or to have been convicted of an
1440	offense listed in s. 63.089(4)(b)2.
1441	Section 16.  Subsections (1), (2), (3), and (6) of section
1442	63.102, Florida Statutes, are amended to read:
1443	63.102  Filing of petition for adoption or declaratory
1444	statement; venue; proceeding for approval of fees and costs.--
1445	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1446	not be filed until after the entry of the judgment or decree
1447	terminating parental rights pending adoption under this chapter,
1448	unless the adoptee is an adult or, the petitioner is a
1449	stepparent or a relative, or the minor has been the subject of a
1450	judgment terminating parental rights under chapter 39. After a
1451	judgment terminating parental rights has been entered, a
1452	proceeding for adoption may be commenced by filing a petition
1453	entitled, "In the Matter of the Adoption of _____" in the
1454	circuit court. The person to be adopted shall be designated in
1455	the caption in the name by which he or she is to be known if the
1456	petition is granted. At the request of a party, the Any name by
1457	which the minor was previously known may not be disclosed in the
1458	petition, the notice of hearing according to s. 63.122(3), or
1459	the judgment of adoption, or court docket according to s.
1460	63.162(3).
1461	(2)  VENUE.--A petition for adoption or for a declaratory
1462	statement as to the adoption contract may shall be filed in the
1463	county where the petition for termination of parental rights was
1464	granted, in unless the court, in accordance with s. 47.122,
1465	changes the venue to the county where the petitioner or
1466	petitioners or the minor resides, or where the adoption entity
1467	with which the minor has been placed is located. The circuit
1468	court in this state may must retain jurisdiction over the matter
1469	until a final judgment is entered on the adoption. The Uniform
1470	Child Custody Jurisdiction and Enforcement Act does not apply
1471	until a final judgment is entered on the adoption.
1472	(3)  FILING OF ADOPTION PETITION REQUIRED.--Except in cases
1473	in which the minor child was placed by the department, unless
1474	leave of court is granted for good cause shown, a petition for
1475	adoption shall be filed not later than 60 days after entry of
1476	the final judgment terminating parental rights.
1477	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1478	for the adoption of a stepchild, a relative, or an adult may
1479	shall not require the filing of a separate judgment or separate
1480	proceeding terminating parental rights pending adoption. The
1481	final judgment of adoption has shall have the effect of
1482	terminating parental rights simultaneously with the granting of
1483	the decree of adoption.
1484	Section 17.  Subsection (2) of section 63.112, Florida
1485	Statutes, is amended to read:
1486	63.112  Petition for adoption; description; report or
1487	recommendation, exceptions; mailing.--
1488	(2)  The following documents are required to be filed with
1489	the clerk of the court at the time the petition is filed:
1490	(a)  A certified copy of the court judgment terminating
1491	parental rights under chapter 39 or under this chapter or, if
1492	the adoptee is an adult or a minor relative or stepchild of the
1493	petitioner, the required consent, unless the such consent is
1494	excused by the court.
1495	(b)  The favorable preliminary home study of the
1496	department, licensed child-placing agency, or professional under
1497	pursuant to s. 63.092, as to the suitability of the home in
1498	which the minor has been placed, unless the petitioner is a
1499	stepparent or a relative.
1500	(c)  A copy of any declaratory statement previously entered
1501	by the court under pursuant to s. 63.102.
1502	(d)  Documentation that an interview was held with the
1503	minor, if older than 12 years of age, unless the court, in the
1504	best interest of the minor, dispenses with the minor's consent
1505	under s. 63.062(1)(c).
1506	Section 18.  Subsection (3) of section 63.122, Florida
1507	Statutes, is amended to read:
1508	63.122  Notice of hearing on petition.--
1509	(3)  Upon a showing by the petitioner that the privacy,
1510	safety, or and welfare of the petitioner, parent, or minor may
1511	be endangered, the court may order the names, addresses, or
1512	other identifying information of the petitioner, parent, or
1513	minor, or all both, to be deleted from the notice of hearing and
1514	from the copy of the petition attached thereto, provided the
1515	substantive rights of any person will not thereby be affected.
1516	Section 19.  Subsections (1) and (4) of section 63.125,
1517	Florida Statutes, are amended to read:
1518	63.125  Final home investigation.--
1519	(1)  The final home investigation must be conducted before
1520	the adoption becomes final. The investigation may be conducted
1521	by a licensed child-placing agency or a licensed professional
1522	qualified to conduct home studies in the same manner as provided
1523	in s. 63.092 to ascertain whether the adoptive home is a
1524	suitable home for the minor and whether the proposed adoption is
1525	in the best interest of the minor. Unless directed by the court,
1526	an investigation and recommendation are not required if the
1527	petitioner is a stepparent or if the minor is related to one of
1528	the adoptive parents within the third degree of consanguinity.
1529	The department is required to perform the home investigation
1530	only if there is no licensed child-placing agency or
1531	professional pursuant to s. 63.092 in the county in which the
1532	prospective adoptive parent resides.
1533	(4)  The department, the licensed child-placing agency, or
1534	the professional making the required investigation may request
1535	other state agencies, licensed professionals qualified to
1536	conduct a home study, or child-placing agencies within or
1537	outside this state to make investigations of designated parts of
1538	the inquiry and to make a written report to the department, the
1539	professional, or other person or agency.
1540	Section 20.  Subsection (4) of section 63.132, Florida
1541	Statutes, is amended to read:
1542	63.132  Affidavit of expenses and receipts.--
1543	(4)  This section does not apply to an adoption by a
1544	stepparent or an adoption of a relative or adult, does not apply
1545	to the finalization of an adoption of a minor whose parental
1546	rights were terminated under chapter 39, and does not apply to
1547	the recognition of an adoption decree of a minor child adopted
1548	in a foreign country.
1549	Section 21.  Subsection (1) of section 63.135, Florida
1550	Statutes, is amended to read:
1551	63.135  Information under oath to be submitted to the
1552	court.--
1553	(1)  The adoption entity or petitioner must file an
1554	affidavit under the Uniform Child Custody Jurisdictional and
1555	Enforcement Act in a termination of parental rights Each party
1556	in an adoption proceeding, in the first pleading or in an
1557	affidavit attached to that pleading, shall give information
1558	under oath as to the child's present address, the places where
1559	the child has lived within the last 5 years, and the names and
1560	present addresses of the persons with whom the child has lived
1561	during that period. In the pleading or affidavit each party
1562	shall further declare under oath whether:
1563	(a)  The party has participated as a party or witness or in
1564	any other capacity in any other litigation concerning the
1565	custody of the same child in this or any other state;
1566	(b)  The party has information of any custody proceeding
1567	concerning the child pending in a court of this or any other
1568	state; and
1569	(c)  The party knows of any person not a party to the
1570	proceedings who has physical custody of the child or claims to
1571	have custody or visitation rights with respect to the child.
1572	Section 22.  Subsections (3) and (4) of section 63.142,
1573	Florida Statutes, are amended to read:
1574	63.142  Hearing; judgment of adoption.--
1575	(3)  DISMISSAL.--
1576	(a)  If the petition is dismissed, further proceedings, if
1577	any, regarding the minor must be brought in a separate custody
1578	action under chapter 61, a dependency action under chapter 39,
1579	or a paternity action under chapter 742 the court shall
1580	determine the person that is to have custody of the minor.
1581	(b)  If the petition is dismissed, the court shall state
1582	with specificity the reasons for the dismissal.
1583	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1584	court determines that the date for a parent to file an appeal of
1585	a valid judgment terminating that parent's parental rights has
1586	passed and no appeal, under pursuant to the Florida Rules of
1587	Appellate Procedure, is pending and that the adoption is in the
1588	best interest of the person to be adopted, a judgment of
1589	adoption shall be entered. A judgment terminating parental
1590	rights pending adoption is voidable and any later judgment of
1591	adoption of that minor is voidable if, upon a parent's motion
1592	for relief from judgment, the court finds that the adoption
1593	fails to meet the requirements of this chapter. The motion must
1594	be filed within a reasonable time, but not later than 1 year
1595	after the date the judgment terminating parental rights was
1596	entered.
1597	Section 23.  Section 63.152, Florida Statutes, is amended
1598	to read:
1599	63.152  Application for new birth record.--Within 30 days
1600	after entry of a judgment of adoption, the clerk of the court
1601	shall transmit a certified statement of the entry to the state
1602	registrar of vital statistics in the state where the adoptee was
1603	born on a form provided by the Florida registrar. A new birth
1604	record containing the necessary information supplied by the
1605	certificate shall be issued by the registrar on application of
1606	the adopting parents or the adopted person.
1607	Section 24.  Subsections (1), (3), (4), and (7) of section
1608	63.162, Florida Statutes, are amended, and subsection (8) is
1609	added to that section, to read:
1610	63.162  Hearings and records in adoption proceedings;
1611	confidential nature.--
1612	(1)  All hearings held in proceedings under this chapter
1613	act shall be held in closed court without admittance of any
1614	person other than essential officers of the court, the parties,
1615	witnesses, counsel, persons who have not consented to the
1616	adoption and are required to consent, and representatives of the
1617	agencies who are present to perform their official duties.
1618	(3)  The court files, records, and papers in the adoption
1619	of a minor shall be indexed only in the name of the petitioner,
1620	and the name of the petitioner and the minor may shall not be
1621	noted on any docket, index, or other record outside the court
1622	file, except that closed agency files may be cross-referenced in
1623	the original and adoptive names of the minor.
1624	(4)  A person may not disclose from the records the name
1625	and identity of a birth parent, an adoptive parent, or an
1626	adoptee unless:
1627	(a)  The birth parent authorizes in writing the release of
1628	his or her name and files the release with the adoption entity,
1629	an adoption reunion registry, the department, or the court;
1630	(b)  The adoptee, if 18 or more years of age, authorizes in
1631	writing the release of his or her name; or, if the adoptee is
1632	less than 18 years of age, written consent to disclose the
1633	adoptee's name is obtained from an adoptive parent;
1634	(c)  The adoptive parent authorizes in writing the release
1635	of his or her name; or
1636	(d)  Upon order of the court for good cause shown. In
1637	determining whether good cause exists, the court shall give
1638	primary consideration to the best interests of the adoptee, but
1639	must also give due consideration to the interests of the
1640	adoptive and birth parents. Factors to be considered in
1641	determining whether good cause exists include, but are not
1642	limited to:
1643	1.  The reason the information is sought;
1644	2.  The existence of means available to obtain the desired
1645	information without disclosing the identity of the birth
1646	parents, such as by having the court, a person appointed by the
1647	court, the department, or the licensed child-placing agency
1648	contact the birth parents and request specific information;
1649	3.  The desires, to the extent known, of the adoptee, the
1650	adoptive parents, and the birth parents;
1651	4.  The age, maturity, judgment, and expressed needs of the
1652	adoptee; and
1653	5.  The recommendation of the department, licensed child-
1654	placing agency, or professional which prepared the preliminary
1655	study and home investigation, or the department if no such study
1656	was prepared, concerning the advisability of disclosure.
1657	(7)  The court may, upon petition of an adult adoptee, or
1658	the adoptive parents if the adoptee is less than 18 years of
1659	age, for good cause shown, appoint an intermediary or a licensed
1660	child-placing agency to contact a birth parent to who has not
1661	registered with the adoption registry pursuant to s. 63.165 and
1662	advise him or her them of the adoptee's request to open the file
1663	or the adoption registry, and offer the birth parent the
1664	opportunity to waive confidentiality and consent to the opening
1665	of his or her records availability of same.
1666	(8)  As a result of any proceeding under s. 382.015, this
1667	section, or any other proceeding to unseal an original birth
1668	certificate, the Department of Health may release an original
1669	sealed birth certificate only to the department. The department
1670	must make a written request for the birth certificate from the
1671	Department of Health within 10 days after the department's
1672	receipt of an order or other documentation authorizing unsealing
1673	of the original birth certificate. Upon receipt of the
1674	department's request, the Department of Health shall release the
1675	original sealed birth certificate to the department in a manner
1676	that will ensure confidentiality.
1677	Section 25.  Paragraph (c) of subsection (1) of section
1678	63.172, Florida Statutes, is amended to read:
1679	63.172  Effect of judgment of adoption.--
1680	(1)  A judgment of adoption, whether entered by a court of
1681	this state, another state, or of any other place, has the
1682	following effect:
1683	(c)  Except for rights of inheritance, It creates the
1684	relationship between the adopted person and the petitioner and
1685	all relatives of the petitioner that would have existed if the
1686	adopted person were a blood descendant of the petitioner born
1687	within wedlock. This relationship shall be created for all
1688	purposes, including the rights of inheritance and applicability
1689	of statutes, documents, and instruments, whether executed before
1690	or after entry of the adoption judgment, that do not expressly
1691	exclude an adopted person from their operation or effect.
1692	Section 26.  Section 63.182, Florida Statutes, is amended
1693	to read:
1694	63.182  Statute of repose.--
1695	(1)  Notwithstanding s. 95.031 or s. 95.11 or any other
1696	statute, an action or proceeding of any kind to vacate, set
1697	aside, or otherwise nullify a judgment of adoption or an
1698	underlying judgment terminating parental rights on any ground
1699	may not be filed more than 1 year after entry of the judgment
1700	terminating parental rights.
1701	(2)(a)  Except for the specific persons expressly entitled
1702	to be given notice of an adoption in accordance with this
1703	chapter, the interest which gives a person standing to set aside
1704	an adoption must be direct, financial, and immediate, and the
1705	person must show that he or she will gain or lose by the direct
1706	legal operation and effect of the judgment. A showing of an
1707	indirect, inconsequential, or contingent interest is wholly
1708	inadequate, and a person with this indirect interest lacks
1709	standing to set aside a judgment of adoption.
1710	(b)  This subsection is remedial and shall apply to all
1711	adoptions, including those in which a judgment of adoption has
1712	already been entered.
1713	Section 27.  Section 63.192, Florida Statutes, is amended
1714	to read:
1715	63.192  Recognition of foreign judgment affecting
1716	adoption.--A judgment of court terminating the relationship of
1717	parent and child or establishing the relationship by adoption
1718	issued under pursuant to due process of law by a court or
1719	governmentally authorized body of any other jurisdiction within
1720	or without the United States shall be recognized in this state,
1721	and the rights and obligations of the parties on matters within
1722	the jurisdiction of this state shall be determined as though the
1723	judgment were issued by a court of this state. When a minor
1724	child has been made available for adoption in a foreign state or
1725	foreign country and the parental rights of the minor child's
1726	parent have been terminated, or the child has been declared to
1727	be abandoned or orphaned, no additional termination of parental
1728	rights proceeding need occur, and the parties may proceed to a
1729	judicial finalization of the adoption according to the
1730	procedures set forth in this chapter.
1731	Section 28.  Section 63.207, Florida Statutes, is amended
1732	to read:
1733	63.207  Out-of-state placement.--
1734	(1)  Unless the parent placing a minor for adoption files
1735	an affidavit that the parent chooses to place the minor outside
1736	the state, giving the reason for that placement, or the minor is
1737	to be placed with a relative or with a stepparent, or the minor
1738	is a special needs child, as defined in s. 409.166, or for other
1739	good cause shown, an adoption entity may not:
1740	(a)  Take or send a minor out of the state for the purpose
1741	of placement for adoption; or
1742	(b)  Place or attempt to place a minor for the purpose of
1743	adoption with a family who primarily lives and works outside
1744	Florida in another state. If an adoption entity is acting under
1745	this subsection, the adoption entity must file a petition for
1746	declaratory statement under pursuant to s. 63.102 for prior
1747	approval of fees and costs. The court shall review the costs
1748	under pursuant to s. 63.097. The petition for declaratory
1749	statement may must be consolidated with converted to a petition
1750	for an adoption upon placement of the minor in the home. When a
1751	minor is placed for adoption with prospective adoptive parents
1752	who primarily live and work outside this state, the circuit
1753	court in this state may retain jurisdiction over the matter
1754	until the adoption becomes final. The prospective adoptive
1755	parents may finalize the adoption in this state or their home
1756	state.
1757	(2)  An adoption entity may not counsel a birth mother to
1758	leave the state for the purpose of giving birth to a child
1759	outside the state in order to secure a fee in excess of that
1760	permitted under s. 63.097 when it is the intention that the
1761	child is to be placed for adoption outside the state.
1762	(3)  When applicable, the Interstate Compact on the
1763	Placement of Children authorized in s. 409.401 shall be used in
1764	placing children outside the state for adoption.
1765	Section 29.  Paragraphs (b), (c), (f), and (g) of
1766	subsection (1) and subsections (2) and (7) of section 63.212,
1767	Florida Statutes, are amended to read:
1768	63.212  Prohibited acts; penalties for violation.--
1769	(1)  It is unlawful for any person:
1770	(b)  Except an adoption entity, to place or attempt to
1771	place within the state a minor for adoption unless the minor is
1772	placed with a relative or with a stepparent. This prohibition,
1773	however, does not apply to a person who is placing or attempting
1774	to place a minor for the purpose of adoption with the adoption
1775	entity.
1776	(c)  To sell or surrender, or to arrange for the sale or
1777	surrender of, a minor to another person for money or anything of
1778	value or to receive a such minor child for a such payment or
1779	thing of value. If a minor is being adopted by a relative or by
1780	a stepparent, or is being adopted through an adoption entity,
1781	this paragraph does not prohibit the person who is contemplating
1782	adopting the child from paying, under ss. 63.097 and 63.132, the
1783	actual prenatal care and living expenses of the mother of the
1784	child to be adopted, or from paying, under ss. 63.097 and
1785	63.132, the actual living and medical expenses of the such
1786	mother under these sections for a reasonable time, not to exceed
1787	6 weeks, if medical needs require such support, after the birth
1788	of the minor.
1789	(f)  Except an adoption agency or intermediary entity, to
1790	charge or accept any fee or compensation of any nature from
1791	anyone for making a referral in connection with an adoption or
1792	for providing adoption services, facilitating, matching, or
1793	placement services.
1794	(g)  Except an adoption agency or intermediary entity, to
1795	advertise or offer to the public, in any way, by any medium
1796	whatever that a minor is available for adoption or that a minor
1797	is sought for adoption; and, further, it is unlawful for any
1798	person to publish or broadcast any such advertisement without
1799	including a Florida license number of the agency or attorney
1800	placing the advertisement.
1801	(2)(a)  It is unlawful for any person under this chapter
1802	to:
1803	1.  Knowingly provide false information; or
1804	2.  Knowingly withhold material information.
1805	(b)  It is unlawful for a parent, with the intent to
1806	defraud, to accept benefits related to the same pregnancy from
1807	more than one adoption entity without disclosing that fact to
1808	each entity.
1809	(c)  It is unlawful for any person who knows that the
1810	parent whose rights are to be terminated intends to object to
1811	said termination to intentionally file the petition for
1812	termination of parental rights in a county inconsistent with the
1813	required venue under such circumstances.
1814
1815	Any person who willfully violates any provision of this
1816	subsection commits a misdemeanor of the second degree,
1817	punishable as provided in s. 775.082 or s. 775.083. In addition,
1818	the such person is liable for damages caused by the such acts or
1819	omissions, including reasonable attorney's fees and costs.
1820	Damages may be awarded through restitution in any related
1821	criminal prosecution or by filing a separate civil action.
1822	(7)  It is unlawful for any adoptive parent or adoption
1823	entity to obtain a preliminary home study or final home
1824	investigation and fail to disclose the existence of the study or
1825	investigation to the court when required by law to do so.
1826	Section 30.  Subsections (4) and (5) and paragraph (c) of
1827	subsection (6) of section 63.213, Florida Statutes, are amended
1828	to read:
1829	63.213  Preplanned adoption agreement.--
1830	(4)  An attorney who represents an intended father and
1831	intended mother or any other attorney with whom that attorney is
1832	associated shall not represent simultaneously a female who is or
1833	proposes to be a volunteer mother in the same any matter
1834	relating to a preplanned adoption agreement or preplanned
1835	adoption arrangement.
1836	(5)  Payment to agents, finders, and intermediaries,
1837	including attorneys and physicians, as a finder's fee for
1838	finding volunteer mothers or matching a volunteer mother and
1839	intended father and intended mother is prohibited and subject to
1840	the penalties and sanctions under 63.212 and 63.219. Doctors,
1841	psychologists, attorneys, and other professionals may receive
1842	reasonable compensation for their professional services, such as
1843	providing medical services and procedures, legal advice in
1844	structuring and negotiating a preplanned adoption agreement, or
1845	counseling.
1846	(6)  As used in this section, the term:
1847	(c)  "Fertility technique" means artificial embryonation,
1848	artificial insemination, whether in vivo or in vitro, egg
1849	donation, or embryo adoption.
1850	Section 31.  Section 63.219, Florida Statutes, is amended
1851	to read:
1852	63.219  Sanctions.--Upon a finding by the court that an
1853	adoption entity or any person has willfully violated any
1854	substantive provision of this chapter relative to the rights of
1855	the parties to the adoption and legality of the adoption
1856	process, the court is authorized to prohibit the adoption entity
1857	or any person from placing a minor for adoption and enjoin them
1858	from engaging in further placement activities in the future in
1859	this state.
1860	Section 32.  Section 63.236, Florida Statutes, is created
1861	to read:
1862	63.236  Petitions filed before effective date; governing
1863	law.--Any petition for termination of parental rights filed
1864	before the July 1, 2005, shall be governed by the law in effect
1865	at the time the petition was filed.
1866	Section 33.  Paragraph (a) of subsection (2), paragraph (a)
1867	of subsection (3), and subsection (5) of section 409.166,
1868	Florida Statutes, are amended to read:
1869	409.166  Special needs children; subsidized adoption
1870	program.--
1871	(2)  DEFINITIONS.--As used in this section, the term:
1872	(a)  "Special needs child" means a child whose permanent
1873	custody has been awarded to the department or to a licensed
1874	child-placing agency or placed through an adoption intermediary
1875	and:
1876	1.  Who has established significant emotional ties with his
1877	or her foster parents; or
1878	2.  Is not likely to be adopted because he or she is:
1879	a.  Eight years of age or older;
1880	b.  Mentally retarded;
1881	c.  Physically or emotionally handicapped;
1882	d.  Of black or racially mixed parentage; or
1883	e.  A member of a sibling group of any age, provided two or
1884	more members of a sibling group remain together for purposes of
1885	adoption.
1886	(3)  ADMINISTRATION OF PROGRAM.--
1887	(a)  The department shall establish and administer an
1888	adoption program for special needs children to be carried out by
1889	the department or by contract with a licensed child-placing
1890	agency or adoption intermediary. The program shall attempt to
1891	increase the number of persons seeking to adopt special needs
1892	children and the number of adoption placements and shall extend
1893	subsidies and services, when needed, to the adopting parents of
1894	a special needs child.
1895	(5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be
1896	waived for all adoptive parents who participate in the program
1897	who adopt children in the custody of the department. Fees may be
1898	waived for families who adopt children in the custody of
1899	licensed child-placing agencies or who adopt children through
1900	intermediary-placed independent adoptions, and who receive or
1901	may be eligible for subsidies through the department.
1902	Retroactive reimbursement of fees may not be required for
1903	families who adopt children in the custody of licensed child-
1904	placing agencies.
1905	Section 34.  Paragraph (b) of subsection (5), paragraph (b)
1906	of subsection (10), paragraph (b) of subsection (11), and
1907	subsection (14) of section 409.176, Florida Statutes, are
1908	amended to read:
1909	409.176  Registration of residential child-caring agencies
1910	and family foster homes.--
1911	(5)  The licensing provisions of s. 409.175 do not apply to
1912	a facility operated by an organization that:
1913	(b)  Is certified by a Florida statewide child care
1914	organization which was in existence on January 1, 1984, and
1915	which publishes, and requires compliance with, its standards and
1916	files copies thereof with the department. These Such standards
1917	shall be in substantial compliance with published minimum
1918	standards that similar licensed child-caring agencies, licensed
1919	child-placing agencies, or family foster homes are required to
1920	meet, as determined by the department, with the exception of
1921	those standards of a curricular or religious nature and those
1922	relating to staffing or financial stability of licensed child-
1923	caring agencies or family foster homes. Once the department has
1924	determined that the standards for child-caring agencies, child-
1925	placing agencies, or family foster homes are in substantial
1926	compliance with minimum standards that similar facilities are
1927	required to meet, the standards do not have to be resubmitted to
1928	the department unless a change occurs in the standards. Any
1929	changes in the standards shall be provided to the department
1930	within 10 days of their adoption.
1931	(10)
1932	(b)  The qualified association shall notify the department
1933	when the qualified association finds, within 30 days after
1934	written notification by registered mail of the requirement for
1935	registration, that a person or facility continues to care for
1936	children without a certificate of registration. The department
1937	shall notify the appropriate state attorney of the violation of
1938	law and, if necessary, shall institute a civil suit to enjoin
1939	the person or facility from continuing the care or placement of
1940	children.
1941	(11)
1942	(b)  If the department determines that a person or facility
1943	is caring for or placing a child without a valid certificate of
1944	registration issued by the qualified association or has made a
1945	willful or intentional misstatement on any registration
1946	application or other document required to be filed in connection
1947	with an application for a certificate of registration, the
1948	qualified association, as an alternative to or in conjunction
1949	with an administrative action against the such person or
1950	facility, shall make a reasonable attempt to discuss each
1951	violation with, and recommend corrective action to, the person
1952	or the administrator of the facility, prior to written
1953	notification thereof.
1954	(14)  Registration under this section, including the issue
1955	of substantial compliance with published minimum standards that
1956	similar licensed child-caring facilities, licensed child-placing
1957	agencies, or family foster homes are required to meet, as
1958	provided in paragraph (5)(b), is subject to the provisions of
1959	chapter 120.
1960	Section 35.  Section 742.14, Florida Statutes, is amended
1961	to read:
1962	742.14  Donation of eggs, sperm, or preembryos, or
1963	embryos.--The donor of any egg, sperm, or preembryo, or embryo,
1964	other than the commissioning couple or a father who has executed
1965	a preplanned adoption agreement under s. 63.212, shall
1966	relinquish all maternal or paternal rights and obligations with
1967	respect to the donation or the resulting children simultaneously
1968	upon the completion of the donation by operation of law. Only
1969	reasonable compensation directly related to the donation of
1970	eggs, sperm, and preembryos, and embryos shall be permitted.
1971	Section 36.  Subsection (2) of section 742.15, Florida
1972	Statutes, is amended to read:
1973	742.15  Gestational surrogacy contract.--
1974	(2)  The commissioning couple shall enter into a contract
1975	with a gestational surrogate only when, within reasonable
1976	medical certainty as determined by a physician licensed under
1977	chapter 458 or chapter 459 or a physician licensed under an
1978	equivalent law in the physician's state of practice:
1979	(a)  The commissioning mother cannot physically gestate a
1980	pregnancy to term;
1981	(b)  The gestation will cause a risk to the physical health
1982	of the commissioning mother; or
1983	(c)  The gestation will cause a risk to the health of the
1984	fetus.
1985	Section 37.  Subsections (6) and (7) of section 742.16,
1986	Florida Statutes, are amended to read:
1987	742.16  Expedited affirmation of parental status for
1988	gestational surrogacy.--
1989	(6)  The commissioning couple or their legal representative
1990	shall appear at the hearing on the petition. At the conclusion
1991	of the hearing, after the court has determined that a binding
1992	and enforceable gestational surrogacy contract has been executed
1993	pursuant to s. 742.15 and that there is no evidence that the
1994	gestational surrogate is the genetic mother at least one member
1995	of the commissioning couple is the genetic parent of the child,
1996	the court shall enter an order stating that the commissioning
1997	couple are the legal parents of the child.
1998	(7)  When there is no evidence that the gestational
1999	surrogate is the genetic mother at least one member of the
2000	commissioning couple is the genetic parent of the child, the
2001	commissioning couple shall be presumed to be the natural parents
2002	of the child.
2003	Section 38.  Section 742.18, Florida Statutes, is created
2004	to read:
2005	742.18  Prohibited fees and acts.--
2006	(1)  A person or entity, except a licensed physician,
2007	fertility clinic, or attorney, may not:
2008	(a)  Receive compensation in advising or assisting in donor
2009	or gestational carrier arrangements.
2010	(b)  Advertise or offer to the public, in any way, by any
2011	medium whatsoever, that a donor, carrier, or intended parent is
2012	sought for or available for matching or that the person or
2013	entity provides services in the arrangements.
2014	(c)  Publish or broadcast any advertisement except that an
2015	intended parent or parents, carrier, or donor seeks a donor,
2016	intended parent, or carrier for the person's or entity's own
2017	arrangement.
2018	(d)  Charge or accept any fee or compensation of any nature
2019	to or from anyone for making a referral in connection with a
2020	donor or carrier arrangement or for facilitating such an
2021	arrangement.
2022	(e)  Hold funds in escrow in a donor or gestational carrier
2023	arrangement.
2024	(f)  Assist in the commission of any act in paragraphs (a)-
2025	(e).
2026	(2)  A fee, whether denominated as an agent, agency,
2027	finder, or facilitator's fee for finding, screening, matching,
2028	or facilitating a donor or gestational carrier arrangement, may
2029	not be paid to or received by a person other than a licensed
2030	physician, a fertility clinic, or an attorney.
2031	(3)  A person or entity who violates this section may be
2032	enjoined by a court from engaging in these practices in this
2033	state.
2034	(4)(a)  A person who willfully violates this section
2035	commits a misdemeanor of the second degree, punishable as
2036	provided in s. 775.082 or s. 775.083. Each day of a continuing
2037	violation constitutes a separate offense.
2038	(b)  A person who violates this section is liable for
2039	damages caused by his or her acts or omissions and for
2040	reasonable attorney's fees and costs. Damages may be awarded
2041	through restitution in any related criminal prosecution or by
2042	filing a separate civil action.
2043	Section 39.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.