CS/HB 599

1	A bill to be entitled
2	An act relating to adoption; amending s. 49.011, F.S.;
3	providing for service of process by publication for
4	termination of parental rights under ch. 63, F.S.;
5	amending s. 63.022, F.S.; revising legislative intent
6	concerning cooperation between the Department of Children
7	and Family Services and private adoption entities;
8	amending s. 63.032, F.S.; redefining terms and defining
9	the terms "legal custodian" and "primarily lives and works
10	in Florida"; amending s. 63.039, F.S.; requiring an
11	adoption entity to provide adoption disclosure forms to
12	persons whose consent is required for adoption; amending
13	s. 63.0423, F.S.; providing that a judgment of adoption is
14	voidable under certain circumstances involving provision
15	of false information; amending s. 63.0425, F.S.; providing
16	a grandparent's right to notice; amending s. 63.052, F.S.;
17	revising conditions for placement of a minor with an
18	adoption entity; providing that a court in this state
19	retains jurisdiction until the adoption is finalized
20	within or outside this state; amending s. 63.053, F.S.;
21	providing that if an unmarried biological father fails to
22	take the actions that are available to him to establish a
23	relationship with his child, his parental interest may be
24	lost entirely; amending s. 63.054, F.S.; providing that an
25	unmarried biological father who fails to register
26	paternity prior to the filing of a petition for
27	termination of parental rights may not file a paternity
28	claim under ch. 742, F.S.; providing that if an unmarried
29	biological father fails to report a change of address to
30	the Florida Putative Father Registry, the failure is not a
31	valid defense based upon lack of notice and the adoption
32	entity or adoption petitioner is not obligated to search
33	further for the registrant; requiring a petitioner in a
34	proceeding in which parental rights are terminated
35	simultaneously with entry of final judgment of adoption to
36	provide certain notice to the Office of Vital Statistics
37	of the Department of Health; providing procedures for a
38	search of the Florida Putative Father Registry when
39	termination of parental rights and an adoption proceeding
40	are adjudicated separately; amending s. 63.062, F.S.;
41	revising provisions relating to service of notice to the
42	father of a minor under certain circumstances; revising
43	requirements for an unmarried biological father to be
44	determined to have a substantial relationship with the
45	child; providing that an adoption agency may file a notice
46	of an intended adoption plan at any time before the birth
47	of the child or before placing the child in the adoptive
48	home; providing for the proper venue to file a petition to
49	terminate parental rights; amending s. 63.063, F.S.;
50	revising provisions relating to responsibilities of each
51	party pertaining to fraudulent actions; amending s.
52	63.082, F.S.; providing that notice and consent provisions
53	do not apply in cases in which the child was conceived as
54	a result of a violation of certain criminal statutes;
55	revising consent requirements applicable to men; limiting
56	period for revocation of a consent to adopt to 3 business
57	days if the child is older than 6 months of age; providing
58	conditions under which a court must relinquish
59	jurisdiction in a dependency proceeding; revising
60	requirements for withdrawing a consent for adoption;
61	amending s. 63.085, F.S.; revising requirements for
62	required disclosures by an adoption entity; requiring that
63	certain background information on the child be revealed to
64	prospective adoptive parents; amending s. 63.087, F.S.;
65	revising procedures to terminate parental rights pending
66	an adoption; providing the proper venue in which to file a
67	petition to terminate parental rights; requiring a person
68	to answer the petition and to appear at the hearing for
69	termination of parental rights; providing applicability;
70	providing that failure to appear at certain hearings
71	constitutes grounds for termination of parental rights;
72	removing provision relating to procedure for notifying a
73	petitioner of a final hearing; amending s. 63.088, F.S.;
74	requiring the court to conduct an inquiry concerning the
75	father of the child who is to be adopted; revising
76	requirements for notice concerning the termination of
77	parental rights; requiring persons contacted by a
78	petitioner or adoption entity to release certain
79	information; amending s. 63.089, F.S.; revising provisions
80	relating to service of notice and petition regarding
81	termination of parental rights and consent to adoption;
82	revising conditions under which the court may enter a
83	judgment terminating parental rights; revising conditions
84	for making a finding of abandonment; prohibiting a person
85	who failed to establish parental rights from challenging a
86	judgment terminating parental rights under certain
87	circumstances; amending s. 63.092, F.S.; revising
88	conditions of and timeframe for an adoption entity to
89	report intent to place a minor for adoption to the court;
90	amending s. 63.097, F.S.; providing that certain
91	additional fees, costs, and expenses do not require court
92	approval prior to payment; amending s. 63.102, F.S.;
93	revising procedures for the filing of a petition for
94	adoption; providing the proper venue where the petition
95	may be filed; amending s. 63.112, F.S.; revising language
96	requiring that certain documents be filed at the same time
97	the petition for adoption is filed; amending s. 63.122,
98	F.S.; providing that certain information may be removed
99	from the petition under certain circumstances; amending s.
100	63.125, F.S.; providing that certain licensed
101	professionals may conduct the final home investigation;
102	amending s. 63.132, F.S.; providing exceptions to the
103	requirement that the adoptive parent and the adoption
104	entity file an affidavit itemizing all expenses and
105	receipts; amending s. 63.135, F.S.; requiring the adoption
106	entity or petitioner to file an affidavit under the
107	Uniform Child Custody Jurisdiction and Enforcement Act in
108	a termination of parental rights proceeding; deleting
109	information required to be submitted under oath to the
110	court; amending s. 63.142, F.S.; requiring that if an
111	adoption petition is dismissed, any further proceedings
112	regarding the minor be brought in a separate custody
113	action under ch. 61, F.S., a dependency action under ch.
114	39, F.S., or a paternity action under ch. 742, F.S.;
115	revising conditions under which a judgment terminating
116	parental rights is voidable; amending s. 63.152, F.S.;
117	requiring the clerk of court to transmit a certified
118	statement of the adoption to the state where the child was
119	born; amending s. 63.162, F.S.; revising requirements
120	concerning the disclosure of information pertaining to an
121	adoption; amending s. 63.182, F.S.; providing that the
122	statute of repose applies to the adoption of a minor;
123	amending s. 63.192, F.S.; requiring the courts of this
124	state to recognize decrees of termination of parental
125	rights and adoptions from other states and countries;
126	amending s. 63.207, F.S.; permitting prospective adoptive
127	parents to finalize the adoption in their home state;
128	amending s. 63.212, F.S.; revising acts that are unlawful
129	pertaining to adoptions; providing penalties; amending s.
130	63.213, F.S.; prohibiting an attorney from representing
131	the volunteer mother and the intended father and mother in
132	a preplanned adoption arrangement; revising the definition
133	of "fertility technique"; creating s. 63.236, F.S.;
134	providing that any petition for termination of parental
135	rights filed before the effective date of the act is
136	governed by the law in effect at the time the petition was
137	filed; amending s. 382.017, F.S.; providing that a
138	certificate of foreign birth for an adoptee born in a
139	foreign country may be issued without a judgment of
140	adoption by a court of competent jurisdiction of this
141	state if the adopting parents submit specified
142	documentation; amending s. 383.50, F.S.; increasing the
143	age used in the definition of the term "newborn infant";
144	amending s. 409.176, F.S.; providing that licensing
145	provisions do not apply to organizations whose standards
146	are similar to those of licensed child-placing agencies;
147	providing responsibilities of a qualified association
148	meeting standards of a statewide child care organization;
149	amending s. 742.021, F.S.; requiring the clerk of court to
150	issue certain notice in cases of complaints concerning
151	determination of paternity; amending s. 742.10, F.S.;
152	providing applicability of chs. 39 and 63, F.S., to
153	jurisdiction and procedures for determination of paternity
154	for children born out of wedlock; providing for
155	severability; providing an effective date.
156
157	Be It Enacted by the Legislature of the State of Florida:
158
159	Section 1.  Subsection (13) of section 49.011, Florida
160	Statutes, is amended to read:
161	49.011  Service of process by publication; cases in which
162	allowed.--Service of process by publication may be made in any
163	court on any person mentioned in s. 49.021 in any action or
164	proceeding:
165	(13)  For termination of parental rights pursuant to part
166	IX of chapter 39 or chapter 63.
167	Section 2.  Subsection (5) of section 63.022, Florida
168	Statutes, is amended to read:
169	63.022  Legislative intent.--
170	(5)  It is the intent of the Legislature to provide for
171	cooperation between private adoption entities and the Department
172	of Children and Family Services in matters relating to permanent
173	placement options for children in the care of the department
174	whose birth parent wishes parents wish to participate in a
175	private adoption plan with a qualified family.
176	Section 3.  Section 63.032, Florida Statutes, is amended to
177	read:
178	63.032  Definitions.--As used in this chapter, the term:
179	(1)  "Abandoned" means a situation in which the parent or
180	person having legal custody of a child, while being able, makes
181	no provision for the child's support and makes little or no
182	effort to communicate with the child, which situation is
183	sufficient to evince an intent to reject parental
184	responsibilities. If, in the opinion of the court, the efforts
185	of such parent or person having legal custody of the child to
186	support and communicate with the child are only marginal efforts
187	that do not evince a settled purpose to assume all parental
188	duties, the court may declare the child to be abandoned. In
189	making this decision, the court may consider the conduct of a
190	father towards the child's mother during her pregnancy.
191	(2)  "Adoption" means the act of creating the legal
192	relationship between parent and child where it did not exist,
193	thereby declaring the child to be legally the child of the
194	adoptive parents and their heir at law and entitled to all the
195	rights and privileges and subject to all the obligations of a
196	child born to such adoptive parents in lawful wedlock.
197	(3)  "Adoption entity" means the department, an agency, a
198	child-caring agency registered under s. 409.176, an
199	intermediary, or a child-placing agency licensed in another
200	state which is qualified by the department to place children in
201	the State of Florida.
202	(4)(20)  "Adoption plan" means an arrangement arrangements
203	made by a birth parent or other individual having a legal right
204	to custody of a minor child, born or to be born, with an
205	adoption entity in furtherance of placing the placement of the
206	minor for adoption.
207	(5)(4)  "Adult" means a person who is not a minor.
208	(6)(5)  "Agency" means any child-placing agency licensed by
209	the department pursuant to s. 63.202 to place minors for
210	adoption.
211	(7)(6)  "Child" has the same meaning as in s. 39.01 means a
212	son or daughter, whether by birth or adoption.
213	(8)(7)  "Court" means any circuit court of this state and,
214	when the context requires, the court of any state that is
215	empowered to grant petitions for adoption.
216	(9)(8)  "Department" means the Department of Children and
217	Family Services.
218	(10)(9)  "Intermediary" means an attorney who is licensed
219	or authorized to practice in this state and who is placing or
220	intends to place a child for adoption, including placing
221	children born in another state with citizens of this state or
222	country or placing children born in this state with citizens of
223	another state or country.
224	(11)  "Legal custodian" means the person or entity in whom
225	the legal right to custody is vested.
226	(12)(10)  "Legal custody" means a legal status created by
227	court order or letter of guardianship that vests in a custodian
228	or guardian of the child, whether an agency or an individual,
229	the right to have physical custody of the child and the right
230	and duty to protect, train, and discipline the child and to
231	provide him or her with food, shelter, education, and ordinary
232	medical, dental, psychiatric, and psychological care has the
233	meaning ascribed in s. 39.01.
234	(13)(11)  "Minor" means a person under the age of 18 years.
235	(14)(12)  "Parent" means a woman who gives birth to a child
236	or a man whose consent to the adoption of the child would be
237	required under s. 63.062(1). If a child has been legally
238	adopted, the term "parent" means the adoptive mother or father
239	of the child. The term does not include an individual whose
240	parental relationship to the child has been legally terminated
241	or an alleged or prospective father has the same meaning
242	ascribed in s. 39.01.
243	(15)(13)  "Person" includes a natural person, corporation,
244	government or governmental subdivision or agency, business
245	trust, estate, trust, partnership, or association, and any other
246	legal entity.
247	(16)(15)  "Placement" or "to place" means the process of a
248	parent or legal guardian surrendering a child for adoption and
249	the prospective adoptive parents receiving and adopting the
250	child, and includes all actions by any person or adoption entity
251	participating in the process.
252	(17)  "Primarily lives and works in Florida" means that a
253	person lives and works in this state at least 6 months and 1 day
254	of the year, is a member of military personnel who designates
255	Florida as his or her place of residence in accordance with the
256	Servicemembers Civil Relief Act, Pub. L. No. 108-189, or is a
257	citizen of the United States living in a foreign country who
258	designates Florida as his or her place of residence.
259	(16)  "Placement" means the process of a parent or legal
260	guardian surrendering a child for adoption and the prospective
261	adoptive parents receiving and adopting the child and all
262	actions by any adoption entity participating in placing the
263	child.
264	(18)(17)  "Primarily lives and works outside Florida" means
265	that a person who lives and works outside this state at least 6
266	months and 1 day of the year, is a member of military personnel
267	who designates a state other than designate Florida as his or
268	her their place of residence in accordance with the
269	Servicemembers Civil Relief Act, Pub. L. No. 108-189 Soldiers'
270	and Sailors' Civil Relief Act of 1940, or is a citizen employees
271	of the United States Department of State living in a foreign
272	country who designates designate a state other than Florida as
273	his or her their place of residence.
274	(19)(14)  "Relative" means a person related by blood within
275	the third degree of consanguinity, by adoption, or by marriage
276	to the person being adopted within the third degree of
277	consanguinity.
278	(20)(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	(21)(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, prior to
284	the filing of the petition to terminate parental rights, has not
285	been declared by a court of competent jurisdiction to be the
286	legal father of the child or has not executed an affidavit
287	pursuant to s. 382.013(2)(c).
288	Section 4.  Paragraph (i) of subsection (1) of section
289	63.039, Florida Statutes, is amended, and paragraph (j) is added
290	to that subsection, to read:
291	63.039  Duty of adoption entity to prospective adoptive
292	parents; sanctions.--
293	(1)  An adoption entity placing a minor for adoption has an
294	affirmative duty to follow the requirements of this chapter and
295	specifically the following provisions, which protect and promote
296	the well-being of persons being adopted and their parents and
297	prospective adoptive parents by promoting certainty, finality,
298	and permanency for such persons. The adoption entity must:
299	(i)  Obtain the written waiver of venue, if applicable,
300	required under s. 63.062 in cases in which venue for the
301	termination of parental rights will be located in a county other
302	than the county where a parent whose rights are to be terminated
303	resides.
304	(j)  Provide an adoption disclosure form to all persons
305	whose consent is required under s. 63.062(1) and any unmarried
306	biological father identified by the biological mother as a
307	biological father of the child, when their identities and
308	locations are known.
309	Section 5.  Subsection (9) of section 63.0423, Florida
310	Statutes, is amended to read:
311	63.0423  Procedures with respect to abandoned infants.--
312	(9)(a)  A judgment terminating parental rights pending
313	adoption involving a minor who was abandoned as described in
314	this section is voidable, and any later judgment of adoption of
315	that minor is voidable, if, upon the motion of a birth parent
316	whose consent is required for adoption, the court finds that a
317	person knowingly gave false information that prevented the birth
318	parent from timely making known his or her desire to assume
319	parental responsibilities toward the minor or from exercising
320	his or her parental rights. A motion under this subsection must
321	be filed with the court originally entering the judgment. The
322	motion must be filed within a reasonable time, but not later
323	than 1 year after the entry of the judgment terminating parental
324	rights.
325	(b)  No later than 30 days after the filing of a motion
326	under this subsection, the court shall conduct a preliminary
327	hearing to determine what contact, if any, will be permitted
328	between a birth parent and the child pending resolution of the
329	motion. The Such contact may be allowed only if it is requested
330	by a parent who has appeared at the hearing and the court
331	determines that it is in the best interest of the child. If the
332	court orders contact between a birth parent and child, the order
333	must be issued in writing as expeditiously as possible and must
334	state with specificity the terms any provisions regarding
335	contact with persons other than those with whom the child
336	resides.
337	(c)  At the preliminary hearing, the court, upon the motion
338	of any party or upon its own motion, may order scientific
339	testing to determine the paternity or maternity of the minor if
340	the person seeking to set aside the judgment is alleging to be
341	the child's birth parent but has not previously been determined
342	by legal proceedings or scientific testing to be the birth
343	parent. Upon the filing of test results establishing that
344	person's maternity or paternity of the abandoned infant, the
345	court may order visitation as it deems appropriate and in the
346	best interest of the child.
347	(d)  Within 45 days after the preliminary hearing, the
348	court shall conduct a final hearing on the motion to set aside
349	the judgment and shall enter its written order as expeditiously
350	as possible thereafter.
351	Section 6.  Section 63.0425, Florida Statutes, is amended
352	to read:
353	63.0425  Grandparent's right to notice adopt.--
354	(1)  When a child has lived with a grandparent for at least
355	6 months within the 24-month period immediately preceding the
356	filing of a petition for termination of parental rights pending
357	adoption, the adoption entity shall provide notice to that
358	grandparent of the hearing on the petition for termination of
359	parental rights pending adoption.
360	(2)  This section shall not apply if the placement for
361	adoption is a result of the death of the child's parent and a
362	different preference is stated in the parent's will.
363	(3)  This section shall not apply in stepparent adoptions.
364	(4)  Nothing in this section shall contravene the
365	provisions of s. 63.142(4).
366	Section 7.  Subsections (1) and (7) of section 63.052,
367	Florida Statutes, are amended to read:
368	63.052  Guardians designated; proof of commitment.--
369	(1)  For minors who have been placed for adoption with and
370	permanently committed to an adoption entity, other than an
371	intermediary, such adoption entity shall be the guardian of the
372	person of the minor and has the responsibility and authority to
373	provide for the needs and welfare of the minor.
374	(7)  The court retains jurisdiction of a minor who has been
375	placed for adoption until the adoption is finalized within or
376	outside this state final. After a minor is placed with an
377	adoption entity or prospective adoptive parent, the court may
378	review the status of the minor and the progress toward permanent
379	adoptive placement.
380	Section 8.  Subsection (1) of section 63.053, Florida
381	Statutes, is amended to read:
382	63.053  Rights and responsibilities of an unmarried
383	biological father; legislative findings.--
384	(1)  In enacting the provisions contained in this chapter,
385	the Legislature prescribes the conditions for determining
386	whether an unmarried biological father's actions are
387	sufficiently prompt and substantial so as to require protection
388	of a constitutional right. If an unmarried biological father
389	fails to take the actions that are available to him to establish
390	a relationship with his child, his parental interest may be lost
391	entirely, or greatly diminished, by his failure to timely comply
392	with the available legal steps to substantiate a parental
393	interest.
394	Section 9.  Subsections (1), (6), and (7) of section
395	63.054, Florida Statutes, are amended to read:
396	63.054  Actions required by an unmarried biological father
397	to establish parental rights; Florida Putative Father
398	Registry.--
399	(1)  In order to preserve the right to notice and consent
400	to an adoption under this chapter, an unmarried biological
401	father must, as the "registrant," file a notarized claim of
402	paternity form with the Florida Putative Father Registry
403	maintained by the Office of Vital Statistics of the Department
404	of Health and shall include therein confirmation of his
405	willingness and intent to support the child for whom paternity
406	is claimed in accordance with state law. The claim of paternity
407	may be filed at any time prior to the child's birth, but a claim
408	of paternity may not be filed after the date a petition is filed
409	for termination of parental rights. In each proceeding for
410	termination of parental rights, the petitioner shall submit to
411	the Office of Vital Statistics of the Department of Health a
412	copy of the petition for termination of parental rights. The
413	Office of Vital Statistics of the Department of Health shall not
414	record a claim of paternity after the date that a petition for
415	termination of parental rights is filed. The failure of an
416	unmarried biological father to register his paternity prior to
417	the date a petition for termination of parental rights is filed
418	also bars him from filing a paternity claim under chapter 742.
419	(6)  It is the obligation of the registrant or, if
420	designated under subsection (4), his designated agent or
421	representative to notify and update the Office of Vital
422	Statistics of any change of address or change in the designation
423	of an agent or representative. The failure of a registrant, or
424	designated agent or representative, to report any such change is
425	at the registrant's own risk and shall not serve as a valid
426	defense based upon lack of notice, and the adoption entity or
427	petitioner shall have no further obligation to search for the
428	registrant unless the person petitioning for termination of
429	parental rights or adoption has actual or constructive notice of
430	the registrant's address and whereabouts from another source.
431	(7)  In each proceeding for termination of parental rights
432	or each adoption proceeding in which parental rights are being
433	terminated simultaneously with entry of the final judgment of
434	adoption, as in stepparent and relative adoptions filed under
435	this chapter, the petitioner must contact the Office of Vital
436	Statistics of the Department of Health by submitting an
437	application for a search of the Florida Putative Father
438	Registry. The petitioner shall provide the same information, if
439	known, on the search application form which the registrant is
440	required to furnish under subsection (3). Thereafter, the Office
441	of Vital Statistics must issue a certificate signed by the State
442	Registrar certifying:
443	(a)  The identity and contact information, if any, for each
444	registered unmarried biological father whose information matches
445	the search request sufficiently so that the such person may be
446	considered a possible father of the subject child; or
447	(b)  That a diligent search has been made of the registry
448	of registrants who may be the unmarried biological father of the
449	subject child and that no matching registration has been located
450	in the registry.
451
452	The This certificate must be filed with the court in the
453	proceeding to terminate parental rights or the adoption
454	proceeding. If a termination of parental rights and an adoption
455	proceeding are being adjudicated separately simultaneously, the
456	Florida Putative Father Registry need only be searched in the
457	termination of parental rights proceeding once.
458	Section 10.  Paragraph (b) of subsection (1), subsection
459	(2), paragraph (a) of subsection (3), and subsection (9) of
460	section 63.062, Florida Statutes, are amended to read:
461	63.062  Persons required to consent to adoption; affidavit
462	of nonpaternity; waiver of venue.--
463	(1)  Unless supported by one or more of the grounds
464	enumerated under s. 63.089(3), a petition to terminate parental
465	rights pending adoption may be granted only if written consent
466	has been executed as provided in s. 63.082 after the birth of
467	the minor or notice has been served under s. 63.088 to:
468	(b)  The father of the minor, if:
469	1.  The minor was conceived or born while the father was
470	married to the mother;
471	2.  The minor is his child by adoption;
472	3.  The minor has been established by court judgment
473	proceeding to be his child no later than the date that a
474	petition is filed for termination of parental rights;
475	4.  He has filed an affidavit of paternity pursuant to s.
476	382.013(2)(c) no later than the date that a petition is filed
477	for termination of parental rights; or
478	5.  In the case of an unmarried biological father, he has
479	acknowledged in writing, signed in the presence of a competent
480	witness, that he is the father of the minor, has filed such
481	acknowledgment with the Office of Vital Statistics of the
482	Department of Health within the required timeframes, and has
483	complied with the requirements of subsection (2).
484	(2)  In accordance with subsection (1), the consent of an
485	unmarried biological father shall be required necessary only if
486	the unmarried biological father has complied with the
487	requirements of this subsection.
488	(a)1.  With regard to a child who is placed with adoptive
489	parents more than 6 months after the child's birth, an unmarried
490	biological father must have developed a substantial relationship
491	with the child, taken some measure of responsibility for the
492	child and the child's future, and demonstrated a full commitment
493	to the responsibilities of parenthood by providing financial
494	support to the child in accordance with the unmarried biological
495	father's ability, if not prevented from doing so by the person
496	or authorized agency having lawful custody of the child, and
497	either:
498	a.  Regularly visited the child at least monthly, when
499	physically and financially able to do so and when not prevented
500	from doing so by the birth mother or the person or authorized
501	agency having lawful custody of the child; or
502	b.  Maintained regular communication with the child or with
503	the person or agency having the care or custody of the child,
504	when physically or financially unable to visit the child and or
505	when not prevented from doing so by the birth mother or person
506	or authorized agency having lawful custody of the child.
507	2.  The mere fact that an unmarried biological father
508	expresses a desire to fulfill his responsibilities towards his
509	child which is unsupported by acts evidencing this intent does
510	not preclude a finding by the court that the unmarried
511	biological father failed to comply with the requirements of this
512	subsection.
513	3.  An unmarried biological father who openly lived with
514	the child for at least 6 consecutive months within the 1-year
515	period following the birth of the child and immediately
516	preceding placement of the child with adoptive parents and who
517	openly held himself out to be the father of the child during
518	that period shall be deemed to have developed a substantial
519	relationship with the child and to have otherwise met the
520	requirements of this paragraph.
521	(b)  With regard to a child who is younger than 6 months of
522	age at the time the child is placed with the adoptive parents,
523	an unmarried biological father must have demonstrated a full
524	commitment to his parental responsibility by having performed
525	all of the following acts before prior to the time the mother
526	executes her consent for adoption:
527	1.  Filed a notarized claim of paternity form with the
528	Florida Putative Father Registry within the Office of Vital
529	Statistics of the Department of Health, which form shall be
530	maintained in the confidential registry established for that
531	purpose and shall be considered filed when the notice is entered
532	in the registry of notices from unmarried biological fathers.
533	2.  Upon service of a notice of an intended adoption plan
534	or a petition for termination of parental rights pending
535	adoption, timely executed and filed an affidavit in that
536	proceeding stating that he is personally fully able and willing
537	to take responsibility for the child, setting forth his plans
538	for care of the child, and agreeing to a court order of child
539	support and a contribution to the payment of living and medical
540	expenses incurred for the mother's pregnancy and the child's
541	birth in accordance with his ability to pay.
542	3.  If he had knowledge of the pregnancy, paid a fair and
543	reasonable amount of the expenses incurred in connection with
544	the mother's pregnancy and the child's birth, in accordance with
545	his financial ability and when not prevented from doing so by
546	the birth mother or person or authorized agency having lawful
547	custody of the child.
548	(c)  The petitioner shall file with the court a certificate
549	from the Office of Vital Statistics stating that a diligent
550	search has been made of the Florida Putative Father Registry of
551	notices from unmarried biological fathers described in
552	subparagraph (b)1. and that no filing has been found pertaining
553	to the father of the child in question or, if a filing is found,
554	stating the name of the putative father and the time and date of
555	filing. That certificate shall be filed with the court before
556	prior to the entry of a final judgment of termination of
557	parental rights.
558	(d)  An unmarried biological father who does not comply
559	with each of the conditions provided in this subsection is
560	deemed to have waived and surrendered any rights in relation to
561	the child, including the right to notice of any judicial
562	proceeding in connection with the adoption of the child, and his
563	consent to the adoption of the child is not required.
564	(3)(a)  Under Pursuant to chapter 48, an adoption entity
565	may serve upon any unmarried biological father identified by the
566	mother or identified by a diligent search of the Florida
567	Putative Father Registry, or upon an entity whose consent is
568	required, a notice of intended adoption plan at any time before
569	the child's birth or before placing prior to the placement of
570	the child in the adoptive home, including prior to the birth of
571	the child. The notice of intended adoption plan must
572	specifically state that if the unmarried biological father
573	desires to contest the adoption plan, he must file with the
574	court, within 30 days after service, a verified response that
575	contains a pledge of commitment to the child in substantial
576	compliance with subparagraph (2)(b)2. The notice of intended
577	adoption plan shall notify the unmarried biological father that
578	he must file a claim of paternity form with the Office of Vital
579	Statistics within 30 days after service upon him and must
580	provide the adoption entity with a copy of the verified response
581	filed with the court and the claim of paternity form filed with
582	the Office of Vital Statistics. If the party served with the
583	notice of intended adoption plan is an entity, the entity must
584	file, within 30 days after service, a verified response setting
585	forth a legal basis for contesting the intended adoption plan,
586	specifically addressing the best interest of the child. If the
587	unmarried biological father or entity whose consent is required
588	fails to properly file a verified response with the court and,
589	in the case of an unmarried biological father, a claim of
590	paternity form with the Office of Vital Statistics within 30
591	days after service upon that unmarried biological father or
592	entity whose consent is required, the consent of that unmarried
593	biological father or entity shall no longer be required under
594	this chapter and that party shall be deemed to have waived any
595	claim of rights to the child. Each notice of intended adoption
596	plan served upon an unmarried biological father must include
597	instructions as to the procedure the unmarried biological father
598	must follow to submit a claim of paternity form to the Office of
599	Vital Statistics and the address to which the registration must
600	be directed.
601	(9)  A petition for termination of parental rights shall be
602	filed in the appropriate county as determined under s.
603	63.087(2). If any the parent or parents whose consent is
604	required objects rights are to be terminated object to venue in
605	the county where the action was filed, the court may transfer
606	venue to a proper venue consistent with this chapter and chapter
607	47 the action to the county where the objecting parent or
608	parents reside, unless the objecting parent has previously
609	executed a waiver of venue.
610	Section 11.  Subsection (1) of section 63.063, Florida
611	Statutes, is amended to read:
612	63.063  Responsibility of each party for his or her their
613	own actions; fraud or misrepresentation; statutory compliance.--
614	(1)  Each parent of a child conceived or born outside of
615	marriage is responsible for his or her own actions and is not
616	excused from strict compliance with the provisions of this
617	chapter based upon any action, statement, or omission of the
618	other parent or a third party, except as provided in s.
619	63.062(2)(a).
620	Section 12.  Paragraph (d) of subsection (1), paragraphs
621	(b), (c), and (e) of subsection (4), and subsections (5), (6),
622	and (7) of section 63.082, Florida Statutes, are amended to
623	read:
624	63.082  Execution of consent to adoption or affidavit of
625	nonpaternity; family social and medical history; withdrawal of
626	consent.--
627	(1)
628	(d)  The notice and consent provisions of this chapter as
629	they relate to the birth of a child or to legal fathers do not
630	apply in cases in which the child is conceived as a result of a
631	violation of the criminal laws of this or another state,
632	including, but not limited to, sexual battery, unlawful sexual
633	activity with certain minors under s. 794.05, lewd acts
634	perpetrated upon a minor, or incest.
635	(4)
636	(b)  A consent to the adoption of a minor who is to be
637	placed for adoption shall not be executed by the birth mother
638	sooner than 48 hours after the minor's birth or the day the
639	birth mother has been notified in writing, either on her patient
640	chart or in release paperwork, that she is fit to be released
641	from the licensed hospital or birth center, whichever is
642	earlier. A consent by any man a biological father or legal
643	father may be executed at any time after the birth of the child.
644	A consent executed under this paragraph is valid upon execution
645	and may be withdrawn only if the court finds that it was
646	obtained by fraud or duress.
647	(c)  When the minor to be adopted is older than 6 months of
648	age at the time of the execution of the consent, the consent to
649	adoption is valid upon execution; however, it is subject to a 3-
650	day revocation period consisting of 3 business days or may be
651	revoked at any time prior to the placement of the minor with the
652	prospective adoptive parents, whichever is later. If a consent
653	has been executed, this subsection may not be construed to
654	provide a birth parent with more than 3 days to revoke the
655	consent once the child has been placed with the prospective
656	adoptive parents.
657	(e)  A consent to adoption being executed by the birth
658	parent must be in at least 12-point boldfaced type in
659	substantially the following form:
660
661	CONSENT TO ADOPTION
662
663	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
664	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
665	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
666	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
667	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
668	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
669	WITNESSES YOU SELECTED, IF ANY.
670
671	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
672	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
673	CONSENT:
674	1.  CONSULT WITH AN ATTORNEY;
675	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
676	LEGALLY PROHIBITED;
677	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
678	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
679	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
680	PROHIBITED; AND
681	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
682	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
683
684	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
685	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
686	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
687	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
688	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
689	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
690	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
691	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
692	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
693	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
694	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
695	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
696	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
697	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
698	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
699	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
700	DURESS.
701
702	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
703	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
704	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
705	YOU WISH TO WITHDRAW YOUR CONSENT; AND
706	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
707	OR DURESS.
708
709	This statement of rights is not required for the adoption of a
710	relative, an adult, a stepchild, or a child older than 6 months
711	of age. A consent form for the adoption of a child older than 6
712	months of age at the time of execution of consent must contain a
713	statement outlining the revocation rights provided in paragraph
714	(c).
715	(5)  A copy or duplicate original of each consent signed
716	under this chapter in an action for termination of parental
717	rights pending adoption must be provided to the person who
718	executed the consent to adoption. The copy must be hand
719	delivered, with a written acknowledgment of receipt signed by
720	the person whose consent is required at the time of execution.
721	If a copy of a consent cannot be provided as required in this
722	subsection, the adoption entity must execute an affidavit
723	stating why the copy of the consent was not delivered. The
724	original consent and acknowledgment of receipt, or an affidavit
725	stating why the copy of the consent was not delivered, must be
726	filed with the petition for termination of parental rights
727	pending adoption.
728	(6)(a)  If a birth parent executes a consent for placement
729	of a minor with an adoption entity or qualified prospective
730	adoptive parents and the minor child is in the custody of the
731	department, but parental rights have not yet been terminated,
732	the adoption consent shall be valid, binding, and enforceable by
733	the court.
734	(b)  Upon execution of the consent of the birth parent, the
735	adoption entity shall be permitted to intervene in the
736	dependency case as a party in interest and shall provide the
737	court having jurisdiction over the minor pursuant to the shelter
738	or dependency petition filed by the department with a copy of
739	the preliminary home study of the prospective adoptive parents
740	and any other evidence of the suitability of the placement. The
741	preliminary home study shall be maintained with strictest
742	confidentiality within the dependency court file and the
743	department's file. A preliminary home study must be provided to
744	the court in all cases in which an adoption entity has
745	intervened pursuant to this section.
746	(c)  Upon a determination by the court that the prospective
747	adoptive parents are properly qualified to adopt the minor child
748	and that the adoption appears to be in the best interest of the
749	minor child, the court shall immediately order the transfer of
750	custody of the minor child to the prospective adoptive parents,
751	under the supervision of the adoption entity. The adoption
752	entity shall thereafter provide monthly supervision reports to
753	the court, if required, department until finalization of the
754	adoption.
755	(d)  In determining whether the best interest of the child
756	will be served by transferring the custody of the minor child to
757	the prospective adoptive parent selected by the birth parent,
758	the court shall give consideration to the rights of the birth
759	parent to determine an appropriate placement for the child, the
760	permanency offered, the child's bonding with any potential
761	adoptive home that the child has been residing in, and the
762	importance of maintaining sibling relationships, if possible.
763	(7)  In the case of a child older than 6 months of age who
764	is placed with adoptive parents and for whom a parent is seeking
765	to withdraw consent under paragraph (4)(c):
766	(a)  The parent seeking to withdraw consent must notify A
767	consent that is being withdrawn under paragraph (4)(c) may be
768	withdrawn at any time prior to the minor's placement with the
769	prospective adoptive parents or by notifying the adoption entity
770	in writing by certified United States mail, return receipt
771	requested, not later than 3 business days after execution of the
772	consent. As used in this subsection, the term "business day"
773	means any day on which the United States Postal Service accepts
774	certified mail for delivery.
775	(b)  Upon receiving timely written notice from a person
776	whose consent to adoption is required of that person's desire to
777	withdraw consent to adoption, the adoption entity must contact
778	the prospective adoptive parent to arrange a time certain for
779	the adoption entity to regain physical custody of the minor,
780	unless, upon a motion for emergency hearing by the adoption
781	entity, the court determines in written findings that placement
782	of the minor with the person who had legal or physical custody
783	of the child immediately before placing the child for adoption
784	withdrawing consent may endanger the minor, or that the person
785	who desires to withdraw consent to the adoption would not be
786	required to consent to the adoption, or has been determined to
787	have abandoned the child, or is otherwise subject to a
788	determination that the person's consent is waived under this
789	chapter.
790	(c)  If the court finds that the such placement may
791	endanger the minor, the court must enter an order regarding
792	continued placement of the minor. The order shall direct
793	continued placement with the prospective adoptive parents
794	pending further proceedings if they desire continued placement
795	and if the court finds that it is in the best interest of the
796	child. If the prospective adoptive parents do not desire
797	continued placement, the order shall include, but not be limited
798	to, whether temporary placement in foster care with the person
799	who had legal or physical custody of the child immediately
800	before placing the child for adoption or with a relative is in
801	the best interest of the child and is appropriate, whether an
802	investigation by the department is recommended, and whether a
803	relative is available for the temporary placement.
804	(d)  If the person withdrawing consent claims to be the
805	father of the minor but has not been established to be the
806	father by marriage, court order, or scientific testing, the
807	court may order scientific paternity testing and reserve ruling
808	on removal of the minor until the results of such testing have
809	been filed with the court.
810	(e)  The adoption entity must return the minor within 3
811	business days after timely and proper notification of the
812	withdrawal of consent or after the court determines that
813	withdrawal is valid and binding upon consideration of an
814	emergency motion, as filed pursuant to paragraph (b), to the
815	physical custody of the person withdrawing consent or the person
816	directed by the court. If the person seeking to validly withdraw
817	consent claims to be the father of the minor but has not been
818	established to be the father by marriage, court order, or
819	scientific testing, the adoption entity may return the minor to
820	the care and custody of the mother, if she desires such
821	placement, and the mother is not otherwise prohibited by law
822	from having custody of the child.
823	(f)  Following the revocation period for withdrawal of
824	consent described in paragraph (a), or the placement of the
825	child with the prospective adoptive parents, whichever occurs
826	later, consent may be withdrawn only when the court finds that
827	the consent was obtained by fraud or duress.
828	(g)  An affidavit of nonpaternity may be withdrawn only if
829	the court finds that the affidavit was obtained by fraud or
830	duress.
831	Section 13.  Section 63.085, Florida Statutes, is amended
832	to read:
833	63.085  Disclosure by adoption entity.--
834	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
835	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
836	to adopt a minor or a person seeking to place a minor for
837	adoption contacts an adoption entity in person or provides the
838	adoption entity with a mailing address, the entity must provide
839	a written disclosure statement to that person if the entity
840	agrees or continues to work with the such person. The If an
841	adoption entity shall provide the written disclosure to any
842	parent or any known and identified potential unmarried
843	biological father is assisting in the effort to terminate the
844	parental rights of a parent who did not initiate the contact
845	with the adoption entity, the written disclosure must be
846	provided within 14 days after that parent or potential unmarried
847	biological father is identified and located. For purposes of
848	providing the written disclosure, a person is considered to be
849	seeking to place a minor for adoption when that person has
850	sought information or advice from the adoption entity regarding
851	the option of adoptive placement. The written disclosure
852	statement must be in substantially the following form:
853
854	ADOPTION DISCLOSURE
855
856	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
857	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
858	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
859	ADOPTION UNDER FLORIDA LAW:
860	1.  The name, address, and telephone number of the adoption
861	entity providing this disclosure is:
862	Name:
863	Address:
864	Telephone Number:
865
866	2.  The adoption entity does not provide legal
867	representation or advice to birth parents or anyone signing a
868	consent for adoption or affidavit of nonpaternity, and birth
869	parents have the right to consult with an attorney of their own
870	choosing to advise them.
871	3.  With the exception of an adoption by a stepparent or
872	relative, a child cannot be placed into a prospective adoptive
873	home unless the prospective adoptive parents have received a
874	favorable preliminary home study, including criminal and child
875	abuse clearances.
876	4.  A valid consent for adoption may not be signed by the
877	birth mother until 48 hours after the birth of the child, or the
878	day the birth mother is notified, in writing, that she is fit
879	for discharge from the licensed hospital or birth center. Any
880	man A putative father may sign a valid consent for adoption at
881	any time after the birth of the child.
882	5.  A consent for adoption signed before the child attains
883	the age of 6 months is binding and irrevocable from the moment
884	it is signed unless it can be proven in court that the consent
885	was obtained by fraud or duress. A consent for adoption signed
886	after the child attains the age of 6 months is valid from the
887	moment it is signed; however, it may be revoked until the child
888	is placed in an adoptive home, or up to 3 business days after it
889	was signed, whichever period is longer.
890	6.  A consent for adoption is not valid if the signature of
891	the person who signed the consent was obtained by fraud or
892	duress.
893	7.  An unmarried biological father must act immediately in
894	order to protect his rights with regard to the child. He must
895	register his paternity with the Florida Putative Father Registry
896	maintained by the Office of Vital Statistics of the Department
897	of Health within the timeframes set forth in s. 63.062 and must
898	provide the child with financial and physical support by
899	assisting the mother during her pregnancy and providing for the
900	child after birth.
901	8.7.  There are alternatives to adoption, including foster
902	care, relative care, and parenting the child. There may be
903	services and sources of financial assistance in the community
904	available to birth parents if they choose to parent the child.
905	9.8.  A birth parent has the right to have a witness of his
906	or her choice, who is unconnected with the adoption entity or
907	the adoptive parents, to be present and witness the signing of
908	the consent or affidavit of nonpaternity.
909	10.9.  A birth parent 14 years of age or younger must have
910	a parent, legal guardian, or court-appointed guardian ad litem
911	to assist and advise the birth parent as to the adoption plan.
912	11.10.  A birth parent has a right to receive supportive
913	counseling from a counselor, social worker, physician, clergy,
914	or attorney, and such counseling would be beneficial to the
915	birth parent.
916	12.11.  The payment of living or medical expenses by the
917	prospective adoptive parents prior to the birth of the child
918	does not, in any way, obligate the birth parent to sign the
919	consent for adoption.
920	(2)  DISCLOSURE TO ADOPTIVE PARENTS.--
921	(a)  At the time that an adoption entity identifies
922	prospective adoptive parents for a born or an unborn child whose
923	parents are seeking to place the child for adoption or whose
924	rights were terminated pursuant to chapter 39, the adoption
925	entity shall provide the prospective adoptive parents with
926	information on the background of the child to the extent that
927	such information is available. The adoption entity has the right
928	and duty to request from the biological mother, the legal
929	custodian, or the department all information necessary to
930	provide disclosure under this section. If any information is
931	unavailable because the birth mother or legal custodian refuses
932	to disclose such information, the adoption entity has an
933	affirmative duty to provide the information within 14 days after
934	the information becomes available. In all cases, the prospective
935	adoptive parents shall receive all available information by the
936	date that the final hearing on the adoption is noticed with the
937	court. The information that is required to be disclosed
938	includes:
939	1.  A family social and medical history form completed
940	pursuant to s. 63.082.
941	2.  The biological mother's medical records documenting her
942	prenatal care and the birth and delivery of the child.
943	3.  A complete set of the child's medical records
944	documenting all medical treatment and care since the child's
945	birth.
946	4.  All mental health, psychological, and psychiatric
947	records, reports, and evaluations concerning the child.
948	5.  The child's educational records, which shall include
949	all records concerning any special education needs of the child.
950	6.  Records documenting all incidents that required the
951	department to provide services to the child, including, but not
952	limited to, all orders of adjudication of dependency or
953	termination of parental rights issued pursuant to chapter 39,
954	any case plans drafted to address the child's needs, all
955	protective services investigations identifying the child as a
956	victim, and all guardian ad litem reports filed with the court
957	concerning the child.
958	7.  Written information concerning the availability of
959	adoption subsidies for the child.
960	(b)  When providing disclosure pursuant to this subsection,
961	the adoption entity shall redact any confidential identifying
962	information concerning the child's parents, siblings, and
963	relatives and perpetrators of crimes against the child or
964	involving the child.
965	(3)(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
966	must obtain a written statement acknowledging receipt of the
967	disclosures disclosure required under subsections subsection (1)
968	and (2) and signed by the persons receiving the disclosure or,
969	if it is not possible to obtain such an acknowledgment, the
970	adoption entity must execute an affidavit stating why an
971	acknowledgment could not be obtained. If the disclosure was
972	delivered by certified United States mail, return receipt
973	requested, a return receipt signed by the person from whom
974	acknowledgment is required is sufficient to meet the
975	requirements of this subsection. A copy of the acknowledgment of
976	receipt of the disclosure must be provided to the person signing
977	it. A copy of the acknowledgment or affidavit executed by the
978	adoption entity in lieu of the acknowledgment must be maintained
979	in the file of the adoption entity. The original acknowledgment
980	or affidavit must be filed with the court.
981	(4)(3)  REVOCATION OF CONSENT.--Failure to meet the
982	requirements of this section subsection (1) or subsection (2)
983	does not constitute grounds for revocation of a consent to
984	adoption or withdrawal of an affidavit of nonpaternity unless
985	the extent and circumstances of such a failure result in a
986	material failure of fundamental fairness in the administration
987	of due process, or the failure constitutes or contributes
988	materially to fraud or duress in obtaining a consent to adoption
989	or affidavit of nonpaternity.
990	Section 14.  Section 63.087, Florida Statutes, is amended
991	to read:
992	63.087  Proceeding to terminate parental rights pending
993	adoption; general provisions.--
994	(1)  JURISDICTION.--A court of this state that which is
995	competent to decide child welfare or custody matters has
996	jurisdiction to hear all matters arising from a proceeding to
997	terminate parental rights pending adoption.
998	(2)  VENUE.--
999	(a)  A petition to terminate parental rights pending
1000	adoption must be filed:
1001	1.  In the county where the child resides; or
1002	2.  If the child does not reside in the State of Florida,
1003	In the county where the adoption entity is located;
1004	3.  In the county where the adoption entity is located; or
1005	4.  If neither parent resides in the state, in the county
1006	where the adoption entity is located. The fact of the minor's
1007	presence within the state confers jurisdiction on the court in
1008	proceedings in the minor's case under this chapter, or to a
1009	parent or guardian if due notice has been given.
1010	(b)  If a petition for termination of parental rights has
1011	been filed and a parent whose consent is required rights are to
1012	be terminated objects to venue, there must be a hearing in which
1013	the court shall determine whether that parent intends to assert
1014	legally recognized grounds to contest a termination of parental
1015	rights and, if so, the court may shall immediately transfer
1016	venue to a proper venue under this subsection the county where
1017	that parent resides or resided at the time of the execution of
1018	the consent. For purposes of selecting venue, the court shall
1019	consider the ease of access to the court for the parent and the
1020	factors set forth in s. 47.122 who intends to contest a
1021	termination of parental rights.
1022	(c)  If there is a transfer of venue, the court may
1023	determine which party shall bear the cost of venue transfer.
1024
1025	For purposes of the hearing under this subsection, witnesses
1026	located in another jurisdiction may testify by deposition or
1027	testify by telephone, audiovisual means, or other electronic
1028	means before a designated court or at another location.
1029	Documentary evidence transmitted from another location by
1030	technological means that do not produce an original writing may
1031	not be excluded from evidence on an objection based on the means
1032	of transmission. The court on its own motion may otherwise
1033	prescribe the manner in which and the terms upon which the
1034	testimony is taken.
1035	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
1036	may not be filed until after the date the court enters the
1037	judgment terminating parental rights pending adoption under this
1038	chapter or under chapter 39. Adoptions of relatives, adult
1039	adoptions, or adoptions of stepchildren shall not be required to
1040	file a separate termination of parental rights proceeding
1041	pending adoption. In such cases, the petitioner may file a joint
1042	petition for termination of parental rights and adoption,
1043	attaching all required consents, affidavits, notices, and
1044	acknowledgments shall be attached to the petition for adoption
1045	or filed separately in the adoption proceeding. Unless otherwise
1046	provided by law, this chapter applies to joint petitions.
1047	(4)  PETITION.--
1048	(a)  A proceeding seeking to terminate parental rights
1049	pending adoption under pursuant to this chapter must be
1050	initiated by the filing of an original petition after the birth
1051	of the minor.
1052	(b)  The petition may be filed by a parent or person having
1053	physical or legal custody of the minor. The petition may be
1054	filed by an adoption entity only if a parent or person having
1055	physical or legal custody who has executed a consent to adoption
1056	pursuant to s. 63.082 also consents in writing to the adoption
1057	entity filing the petition. The original of the such consent
1058	must be filed with the petition.
1059	(c)  The petition must be entitled: "In the Matter of the
1060	Termination of Parental Rights for the Proposed Adoption of a
1061	Minor Child."
1062	(d)  The petition to terminate parental rights pending
1063	adoption must be in writing and signed by the petitioner under
1064	oath stating the petitioner's good faith in filing the petition.
1065	A written consent to adoption, affidavit of nonpaternity, or
1066	affidavit of diligent search under s. 63.088, for each person
1067	whose consent to adoption is required under s. 63.062, must be
1068	executed and attached.
1069	(e)  The petition must include:
1070	1.  The minor's name, gender, date of birth, and place of
1071	birth. The petition must contain all names by which the minor is
1072	or has been known, excluding the minor's prospective adoptive
1073	name but including the minor's legal name at the time of the
1074	filing of the petition. In the case of an infant child whose
1075	adoptive name appears on the original birth certificate, the
1076	adoptive name shall not be included in the petition, nor shall
1077	it be included elsewhere in the termination of parental rights
1078	proceeding, except in the case of a petition for adoption filed
1079	pursuant to s. 63.102(6).
1080	2.  All information required by the Uniform Child Custody
1081	Jurisdiction and Enforcement Act and the Indian Child Welfare
1082	Act, except the names and addresses of the adoptive parents,
1083	which shall be kept confidential as required by s. 63.162.
1084	3.  A statement of the grounds under s. 63.089 upon which
1085	the petition is based.
1086	4.  The name, address, and telephone number of any adoption
1087	entity seeking to place the minor for adoption.
1088	5.  The name, address, and telephone number of the division
1089	of the circuit court in which the petition is to be filed.
1090	6.  A certification of compliance with the requirements of
1091	s. 63.0425 regarding notice to grandparents of an impending
1092	adoption.
1093	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1094	summons to be issued substantially in the form provided in Form
1095	1.902, Florida Rules of Civil Procedure. The Petition and
1096	summons and a copy of the petition to terminate parental rights
1097	shall be served upon any person who executed a whose consent to
1098	adoption and has been provided but who has not waived service of
1099	the pleadings and notice of the hearing thereon and also upon
1100	any person whose consent to adoption is required under s. 63.062
1101	but who has not provided that consent or an affidavit of
1102	nonpaternity.
1103	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1104	petition or any pleading requiring an answer shall be filed in
1105	accordance with the Florida Family Law Rules of Civil Procedure.
1106	Failure to file a written response or to appear at the hearing
1107	on the petition constitutes grounds upon which the court may
1108	terminate parental rights. Failure to appear at the hearing
1109	constitutes grounds upon which the court may terminate parental
1110	rights. The petitioner shall provide notice of the final hearing
1111	by United States mail to any person who has been served with the
1112	summons and petition for termination of parental rights within
1113	the specified time periods. Notwithstanding the filing of any
1114	answer or any pleading, Any person present at the hearing to
1115	terminate parental rights pending adoption whose consent to
1116	adoption is required under s. 63.062 must:
1117	(a)  Be advised by the court that he or she has a right to
1118	ask that the hearing be reset for a later date so that the
1119	person may consult with an attorney; and
1120	(b)  Be given an opportunity to admit or deny the
1121	allegations in the petition.
1122	Section 15.  Section 63.088, Florida Statutes, is amended
1123	to read:
1124	63.088  Proceeding to terminate parental rights pending
1125	adoption; notice and service; diligent search.--
1126	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1127	virtue of the fact that he has engaged in a sexual relationship
1128	with a woman, is deemed to be on notice that a pregnancy and an
1129	adoption proceeding regarding that child may occur and that he
1130	has a duty to protect his own rights and interest. He is,
1131	therefore, entitled to notice of a birth or adoption proceeding
1132	with regard to that child only as provided in this chapter.
1133	(2)  INITIATION OF INITIATE LOCATION PROCEDURES.--When the
1134	location of a person whose consent to an adoption is required
1135	but is unknown not known, the adoption entity must begin the
1136	inquiry and diligent search process required by this section
1137	within a reasonable time period after the date on which the
1138	person seeking to place a minor for adoption has evidenced in
1139	writing to the adoption entity a desire to place the minor for
1140	adoption with that entity, or not later than 30 days after the
1141	date any money is provided as permitted under this chapter by
1142	the adoption entity for the benefit of the person seeking to
1143	place a minor for adoption.
1144	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1145	determine that a minor is available for adoption, and in
1146	addition to the other requirements set forth in this chapter,
1147	each person whose consent is required under s. 63.062, who has
1148	not executed a consent for adoption or an affidavit of
1149	nonpaternity, and whose location and identity have been
1150	determined by compliance with the procedures in this section
1151	must be personally served, pursuant to chapter 48, at least 20
1152	days before the hearing with a copy of the petition to terminate
1153	parental rights pending adoption and with notice in
1154	substantially the following form:
1155
1156	NOTICE OF PETITION AND HEARING
1157	TO TERMINATE PARENTAL RIGHTS
1158	PENDING ADOPTION
1159
1160	A petition to terminate parental rights pending adoption
1161	has been filed. A copy of the petition is being served with
1162	this notice. There will be a hearing on the petition to
1163	terminate parental rights pending adoption on   (date)   at
1164	(time)   before   (judge)   at   (location, including
1165	complete name and street address of the courthouse)  . The
1166	court has set aside   (amount of time)   for this hearing.
1167
1168
1169	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1170	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1171	WITH THE COURT AND OR TO APPEAR AT THIS HEARING CONSTITUTES
1172	GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS
1173	YOU MAY HAVE OR ASSERT REGARDING THE MINOR CHILD.
1174
1175	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1176	63.087, the court must conduct an inquiry of the person who is
1177	placing the minor for adoption and of any relative or person
1178	having legal custody of the minor who is present at the hearing
1179	and likely to have the following information regarding the
1180	identity of:
1181	(a)  Any person to whom the mother of the minor was married
1182	at any time when conception of the minor may have occurred or at
1183	the time of the birth of the minor;
1184	(b)  Any person who has been declared by a court to be the
1185	father of the minor;
1186	(b)(c)  Any man who has adopted the minor;
1187	(c)(d)  Any man who has been established by a court
1188	judgment as the father of the minor child before the date that a
1189	petition is filed for termination of parental rights with whom
1190	the mother was cohabiting at any time when conception of the
1191	minor may have occurred; and
1192	(d)(e)  Any man who has filed an affidavit of paternity
1193	pursuant to s. 382.013(2)(c) before the date that a petition is
1194	filed for termination of parental rights person who has
1195	acknowledged or claimed paternity of the minor.
1196
1197	The information required under this subsection may be provided
1198	to the court in the form of a sworn affidavit by a person having
1199	personal knowledge of the facts, addressing each inquiry
1200	enumerated in this subsection, except that, if the inquiry
1201	identifies a father under paragraph (a), paragraph (b), or
1202	paragraph (c), the inquiry shall not continue further. The
1203	inquiry required under this subsection may be conducted before
1204	the birth of the minor.
1205	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1206	the court under subsection (4) identifies any person whose
1207	consent to adoption is required under s. 63.062 and who has not
1208	executed a consent to adoption or an affidavit of nonpaternity,
1209	and the location of the person from whom consent is required is
1210	unknown, the adoption entity must conduct a diligent search for
1211	that person which must include inquiries concerning:
1212	(a)  The person's current address, or any previous address,
1213	through an inquiry of the United States Postal Service through
1214	the Freedom of Information Act;
1215	(b)  The last known employment of the person, including the
1216	name and address of the person's employer;
1217	(c)  Regulatory agencies, including those regulating
1218	licensing in the area where the person last resided;
1219	(d)  Names and addresses of relatives to the extent such
1220	can be reasonably obtained from the petitioner or other sources,
1221	contacts with those relatives, and inquiry as to the person's
1222	last known address. The petitioner shall pursue any leads of any
1223	addresses to which the person may have moved;
1224	(e)  Information as to whether or not the person may have
1225	died and, if so, the date and location;
1226	(f)  Telephone listings in the area where the person last
1227	resided;
1228	(g)  Inquiries of law enforcement agencies in the area
1229	where the person last resided;
1230	(h)  Highway patrol records in the state where the person
1231	last resided;
1232	(i)  Department of Corrections records in the state where
1233	the person last resided;
1234	(j)  Hospitals in the area where the person last resided;
1235	(k)  Records of utility companies, including water, sewer,
1236	cable television, and electric companies, in the area where the
1237	person last resided;
1238	(l)  Records of the Armed Forces of the United States as to
1239	whether there is any information as to the person;
1240	(m)  Records of the tax assessor and tax collector in the
1241	area where the person last resided; and
1242	(n)  Search of one Internet databank locator service.
1243
1244	A person contacted by a petitioner or adoption entity when
1245	requesting information under this subsection must release the
1246	requested information to the petitioner or adoption entity,
1247	except when prohibited by law, without the necessity of a
1248	subpoena or a court order. An affidavit of diligent search
1249	executed by the petitioner and the adoption entity must be filed
1250	with the court confirming completion of each aspect of the
1251	diligent search enumerated in this subsection and specifying the
1252	results. The diligent search required under this subsection may
1253	be conducted before the birth of the minor.
1254	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1255	if, as to any person whose consent is required under s. 63.062
1256	and who has not executed a consent to adoption or an affidavit
1257	of nonpaternity, the location of the person is unknown and the
1258	inquiry under subsection (4) fails to locate the person. The
1259	unlocated person must be served notice under subsection (3) by
1260	constructive service in the manner provided in chapter 49. The
1261	notice shall be published in the county where the person was
1262	last known to have resided. The notice, in addition to all
1263	information required under chapter 49, must include a physical
1264	description, including, but not limited to, age, race, hair and
1265	eye color, and approximate height and weight of the person, the
1266	minor's date of birth, and the place of birth of the minor.
1267	Constructive service by publication shall not be required to
1268	provide notice to an identified birth father whose consent is
1269	not required under pursuant to ss. 63.062 and 63.064.
1270	Section 16.  Section 63.089, Florida Statutes, is amended
1271	to read:
1272	63.089  Proceeding to terminate parental rights pending
1273	adoption; hearing; grounds; dismissal of petition; judgment.--
1274	(1)  HEARING.--The court may terminate parental rights
1275	pending adoption only after a hearing.
1276	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1277	only when:
1278	(a)  For each person whose consent to adoption is required
1279	under s. 63.062:
1280	1.  A consent under s. 63.082 has been executed and filed
1281	with the court;
1282	2.  An affidavit of nonpaternity under s. 63.082 has been
1283	executed and filed with the court;
1284	3.  Notice has been provided under ss. 63.087 and 63.088;
1285	or
1286	4.  The certificate from the Office of Vital Statistics has
1287	been provided to the court stating that a diligent search has
1288	been made of the Florida Putative Father Registry created in s.
1289	63.054 and that no filing has been found pertaining to the
1290	father of the child in question or, if a filing is found,
1291	stating the name of the putative father and the time and date of
1292	the filing.
1293	(b)  For each notice and petition that must be served under
1294	ss. 63.087 and 63.088:
1295	1.  At least 20 days have elapsed since the date of
1296	individual personal service and an affidavit of service has been
1297	filed with the court;
1298	2.  At least 30 days have elapsed since the first date of
1299	publication of constructive service and an affidavit of service
1300	has been filed with the court; or
1301	3.  An affidavit of nonpaternity, consent for adoption, or
1302	other document that which affirmatively waives service has been
1303	executed and filed with the court;
1304	(c)  The minor named in the petition has been born; and
1305	(d)  The petition contains all information required under
1306	s. 63.087 and all affidavits of inquiry, diligent search, and
1307	service required under s. 63.088 have been obtained and filed
1308	with the court.
1309	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1310	ADOPTION.--The court may enter a judgment terminating parental
1311	rights pending adoption or a judgment declaring that a person
1312	has no parental rights if the court determines by clear and
1313	convincing evidence, supported by written findings of fact, that
1314	the each person whose consent to adoption is required under s.
1315	63.062:
1316	(a)  Has executed a valid consent under s. 63.082 and the
1317	consent was obtained according to the requirements of this
1318	chapter;
1319	(b)  Has executed an affidavit of nonpaternity and the
1320	affidavit was obtained according to the requirements of this
1321	chapter;
1322	(c)  Has been served with a notice of the intended adoption
1323	plan in accordance with the provisions of s. 63.062(3) and has
1324	failed to respond within the designated time period;
1325	(d)  Failed to timely perfect his or her right to consent
1326	pursuant to s. 63.062 because the person failed to register as
1327	required by s. 63.054 and comply with s. 63.062(2)(b);
1328	(e)  Failed to timely perfect his or her right to consent
1329	pursuant to s. 63.062 because, in the case of a child who is
1330	placed with the adoptive parents more than 6 months after the
1331	child's birth, the person failed to register as required by s.
1332	63.054 and comply with s. 63.062(2)(a);
1333	(f)(d)  Has been properly served notice of the proceeding
1334	in accordance with the requirements of this chapter and has
1335	failed to file a written answer or appear at the evidentiary
1336	hearing resulting in the judgment terminating parental rights
1337	pending adoption;
1338	(g)(e)  Has been properly served notice of the proceeding
1339	in accordance with the requirements of this chapter and has been
1340	determined under subsection (4) to have abandoned the minor as
1341	defined in s. 63.032;
1342	(h)(f)  Is a parent of the person to be adopted, which
1343	parent has been judicially declared incapacitated with
1344	restoration of competency found to be medically improbable;
1345	(i)(g)  Is a person who has legal custody of the person to
1346	be adopted, other than a parent, who has failed to respond in
1347	writing to a request for consent for a period of 60 days or,
1348	after examination of his or her written reasons for withholding
1349	consent, is found by the court to be withholding his or her
1350	consent unreasonably;
1351	(j)(h)  Has been properly served notice of the proceeding
1352	in accordance with the requirements of this chapter, but has
1353	been found by the court, after examining written reasons for the
1354	withholding of consent, to be unreasonably withholding his or
1355	her consent; or
1356	(k)(i)  Is the spouse of the person to be adopted who has
1357	failed to consent, and the failure of the spouse to consent to
1358	the adoption is excused by reason of prolonged and unexplained
1359	absence, unavailability, incapacity, or circumstances that are
1360	found by the court to constitute unreasonable withholding of
1361	consent.
1362
1363	A person whose consent is not required may voluntarily waive any
1364	and all parental rights that he or she may have to the child by
1365	executing a consent for adoption or an affidavit of
1366	nonpaternity.
1367	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1368	resulting in a termination of parental rights must be based upon
1369	clear and convincing evidence that a parent or person having
1370	legal custody has abandoned the child in accordance with the
1371	definition contained in s. 63.032(1). A finding of abandonment
1372	may be based upon emotional abuse or a refusal to provide
1373	reasonable financial support, when able, to a birth mother
1374	during her pregnancy. If, in the opinion of the court, the
1375	efforts of a parent or person having legal custody of the child
1376	to support and communicate with the child are only marginal
1377	efforts that do not evince a settled purpose to assume all
1378	parental duties, the court may declare the child to be
1379	abandoned. In making this decision, the court may consider the
1380	conduct of a father toward the child's mother during her
1381	pregnancy.
1382	(a)  In making a determination of abandonment at a hearing
1383	for termination of parental rights under pursuant to this
1384	chapter, the court must consider, among other relevant factors
1385	not inconsistent with this section:
1386	1.  Whether the actions alleged to constitute abandonment
1387	demonstrate a willful disregard for the safety or welfare of the
1388	child or the unborn child;
1389	2.  Whether the person alleged to have abandoned the child,
1390	while being able, failed to provide financial support;
1391	3.  Whether the person alleged to have abandoned the child,
1392	while being able, failed to pay for medical treatment; and
1393	4.  Whether the amount of support provided or medical
1394	expenses paid was appropriate, taking into consideration the
1395	needs of the child and relative means and resources available to
1396	the person alleged to have abandoned the child.
1397	(b)  The child has been abandoned when the parent of a
1398	child is incarcerated on or after October 1, 2001, in a state or
1399	federal correctional institution and:
1400	1.  The period of time for which the parent has been or is
1401	expected to be incarcerated constitutes will constitute a
1402	significant substantial portion of the child's minority. This
1403	period of time begins on the date that the parent enters into
1404	incarceration at any federal, state, or county correctional
1405	institution or facility period of time before the child will
1406	attain the age of 18 years;
1407	2.  The incarcerated parent has been determined by the
1408	court to be a violent career criminal as defined in s. 775.084,
1409	a habitual violent felony offender as defined in s. 775.084,
1410	convicted of child abuse as defined in s. 827.03, or a sexual
1411	predator as defined in s. 775.21; has been convicted of first
1412	degree or second degree murder in violation of s. 782.04 or a
1413	sexual battery that constitutes a capital, life, or first degree
1414	felony violation of s. 794.011; or has been convicted of an
1415	offense in another jurisdiction which is substantially similar
1416	to one of the offenses listed in this subparagraph. As used in
1417	this section, the term "substantially similar offense" means any
1418	offense that is substantially similar in elements and penalties
1419	to one of those listed in this subparagraph, and that is in
1420	violation of a law of any other jurisdiction, whether that of
1421	another state, the District of Columbia, the United States or
1422	any possession or territory thereof, or any foreign
1423	jurisdiction; or
1424	3.  The court determines by clear and convincing evidence
1425	that continuing the parental relationship with the incarcerated
1426	parent would be harmful to the child and, for this reason, that
1427	termination of the parental rights of the incarcerated parent is
1428	in the best interest of the child.
1429	(5)  DISMISSAL OF PETITION.--If the court does not find by
1430	clear and convincing evidence that parental rights of a parent
1431	should be terminated pending adoption, the court must dismiss
1432	the petition and that parent's parental rights that were the
1433	subject of such petition shall remain in full force under the
1434	law. The order must include written findings in support of the
1435	dismissal, including findings as to the criteria in subsection
1436	(4) if rejecting a claim of abandonment. Parental rights may not
1437	be terminated based upon a consent that the court finds has been
1438	timely withdrawn under s. 63.082 or a consent to adoption or
1439	affidavit of nonpaternity that the court finds was obtained by
1440	fraud or duress. The court must enter an order based upon
1441	written findings providing for the placement of the minor. The
1442	court may order scientific testing to determine the paternity of
1443	the minor at any time during which the court has jurisdiction
1444	over the minor. Further proceedings, if any, regarding the minor
1445	must be brought in a separate custody action under chapter 61, a
1446	dependency action under chapter 39, or a paternity action under
1447	chapter 742.
1448	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1449	ADOPTION.--
1450	(a)  The judgment terminating parental rights pending
1451	adoption must be in writing and contain findings of fact as to
1452	the grounds for terminating parental rights pending adoption.
1453	(b)  Within 7 days after filing, the court shall mail a
1454	copy of the judgment to the department. The clerk shall execute
1455	a certificate of the such mailing.
1456	(c)  The judgment terminating parental rights pending
1457	adoption legally frees the child for subsequent adoption,
1458	adjudicates the child's status, and may not be challenged by a
1459	person claiming parental status who did not establish parental
1460	rights prior to the filing of the petition for termination,
1461	except as specifically provided in this chapter.
1462	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1463	(a)  A motion for relief from a judgment terminating
1464	parental rights must be filed with the court originally entering
1465	the judgment. The motion must be filed within a reasonable time,
1466	but not later than 1 year after the entry of the judgment
1467	terminating parental rights.
1468	(b)  No later than 30 days after the filing of a motion
1469	under this subsection, the court must conduct a preliminary
1470	hearing to determine what contact, if any, shall be permitted
1471	between a parent and the child pending resolution of the motion.
1472	The Such contact shall be considered only if it is requested by
1473	a parent who has appeared at the hearing. If the court orders
1474	contact between a parent and child, the order must be issued in
1475	writing as expeditiously as possible and must state with
1476	specificity the terms any provisions regarding contact with
1477	persons other than those with whom the child resides.
1478	(c)  At the preliminary hearing, the court, upon the motion
1479	of any party or upon its own motion, may order scientific
1480	testing to determine the paternity of the minor if the person
1481	seeking to set aside the judgment is alleging to be the child's
1482	father and that fact has not previously been determined by
1483	legitimacy or scientific testing. The court may order visitation
1484	with a person for whom scientific testing for paternity has been
1485	ordered and who has previously established a bonded relationship
1486	with the child.
1487	(d)  Unless otherwise agreed between the parties or for
1488	good cause shown, the court shall conduct a final hearing on the
1489	motion for relief from judgment within 45 days after the filing
1490	and enter its written order as expeditiously as possible
1491	thereafter.
1492	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1493	records pertaining to a petition to terminate parental rights
1494	pending adoption are related to the subsequent adoption of the
1495	minor and are subject to the provisions of s. 63.162. The
1496	confidentiality provisions of this chapter do not apply to the
1497	extent information regarding persons or proceedings must be made
1498	available as specified under s. 63.088.
1499	Section 17.  Section 63.092, Florida Statutes, is amended
1500	to read:
1501	63.092  Report to the court of intended placement by an
1502	adoption entity; at-risk placement; preliminary study.--
1503	(1)  REPORT TO THE COURT.--The adoption entity must report
1504	any intended placement of a minor for adoption with any person
1505	who is not a relative or a stepparent if the adoption entity has
1506	knowledge of, or participates in the, such intended placement.
1507	The report must be made to the court before the minor is placed
1508	in the home or within 2 business days 48 hours thereafter.
1509	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1510	prospective adoptive home before the parental rights of the
1511	minor's parents are terminated under s. 63.089, the placement is
1512	an at-risk placement. If the placement is an at-risk placement,
1513	the prospective adoptive parents must acknowledge in writing
1514	before the minor may be placed in the prospective adoptive home
1515	that the placement is at risk. The prospective adoptive parents
1516	shall be advised by the adoption entity, in writing, that the
1517	minor is subject to removal from the prospective adoptive home
1518	by the adoption entity or by court order at any time before
1519	prior to the finalization of the adoption.
1520	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1521	the intended adoptive home, a preliminary home study must be
1522	performed by a licensed child-placing agency, a child-caring
1523	agency registered under s. 409.176, a licensed professional, or
1524	an agency described in s. 61.20(2), unless the adoptee is an
1525	adult or the petitioner is a stepparent or a relative. If the
1526	adoptee is an adult or the petitioner is a stepparent or a
1527	relative, a preliminary home study may be required by the court
1528	for good cause shown. The department is required to perform the
1529	preliminary home study only if there is no licensed child-
1530	placing agency, child-caring agency registered under s. 409.176,
1531	licensed professional, or agency described in s. 61.20(2), in
1532	the county where the prospective adoptive parents reside. The
1533	preliminary home study must be made to determine the suitability
1534	of the intended adoptive parents and may be completed before
1535	prior to identification of a prospective adoptive minor. A
1536	favorable preliminary home study is valid for 1 year after the
1537	date of its completion. Upon its completion, a copy of the home
1538	study must be provided to the intended adoptive parents who were
1539	the subject of the home study. A minor may not be placed in an
1540	intended adoptive home before a favorable preliminary home study
1541	is completed unless the adoptive home is also a licensed foster
1542	home under s. 409.175. The preliminary home study must include,
1543	at a minimum:
1544	(a)  An interview with the intended adoptive parents;
1545	(b)  Records checks of the department's central abuse
1546	registry and criminal records correspondence checks under s.
1547	39.0138 through the Department of Law Enforcement on the
1548	intended adoptive parents;
1549	(c)  An assessment of the physical environment of the home;
1550	(d)  A determination of the financial security of the
1551	intended adoptive parents;
1552	(e)  Documentation of counseling and education of the
1553	intended adoptive parents on adoptive parenting;
1554	(f)  Documentation that information on adoption and the
1555	adoption process has been provided to the intended adoptive
1556	parents;
1557	(g)  Documentation that information on support services
1558	available in the community has been provided to the intended
1559	adoptive parents; and
1560	(h)  A copy of each intended adoptive parent's signed
1561	acknowledgment of receipt of disclosure required by s. 63.085.
1562
1563	If the preliminary home study is favorable, a minor may be
1564	placed in the home pending entry of the judgment of adoption. A
1565	minor may not be placed in the home if the preliminary home
1566	study is unfavorable. If the preliminary home study is
1567	unfavorable, the adoption entity may, within 20 days after
1568	receipt of a copy of the written recommendation, petition the
1569	court to determine the suitability of the intended adoptive
1570	home. A determination as to suitability under this subsection
1571	does not act as a presumption of suitability at the final
1572	hearing. In determining the suitability of the intended adoptive
1573	home, the court must consider the totality of the circumstances
1574	in the home. No minor may be placed in a home in which there
1575	resides any person determined by the court to be a sexual
1576	predator as defined in s. 775.21 or to have been convicted of an
1577	offense listed in s. 63.089(4)(b)2.
1578	Section 18.  Subsection (4) of section 63.097, Florida
1579	Statutes, is amended to read:
1580	63.097  Fees.--
1581	(1)  When the adoption entity is an agency, fees may be
1582	assessed if they are approved by the department within the
1583	process of licensing the agency and if they are for:
1584	(a)  Foster care expenses;
1585	(b)  Preplacement and postplacement social services; and
1586	(c)  Agency facility and administrative costs.
1587	(4)  Any fees, costs, or expenses not included in
1588	subsection (1) or subsection (2) or prohibited under subsection
1589	(5) require court approval prior to payment and must be based on
1590	a finding of extraordinary circumstances.
1591	Section 19.  Subsections (1), (2), (5), and (6) of section
1592	63.102, Florida Statutes, are amended to read:
1593	63.102  Filing of petition for adoption or declaratory
1594	statement; venue; proceeding for approval of fees and costs.--
1595	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1596	not be filed until after the entry of the judgment or decree
1597	terminating parental rights pending adoption under this chapter,
1598	unless the adoptee is an adult or, the petitioner is a
1599	stepparent or a relative, or the minor has been the subject of a
1600	judgment terminating parental rights under chapter 39. After a
1601	judgment terminating parental rights has been entered, a
1602	proceeding for adoption may be commenced by filing a petition
1603	entitled, "In the Matter of the Adoption of _____" in the
1604	circuit court. The person to be adopted shall be designated in
1605	the caption in the name by which he or she is to be known if the
1606	petition is granted. Except in the case of a joint petition for
1607	adoption of a stepchild, a relative, or an adult, any name by
1608	which the minor was previously known may not be disclosed in the
1609	petition, the notice of hearing, or the judgment of adoption, or
1610	the court docket according to s. 63.162(3).
1611	(2)  VENUE.--A petition for adoption or for a declaratory
1612	statement as to the adoption contract shall be filed in the
1613	county where the petition for termination of parental rights was
1614	granted or filed, unless the court, in accordance with s.
1615	47.122, changes the venue to the county where the petitioner or
1616	petitioners or the minor resides or where the adoption entity
1617	with which the minor has been placed is located. The circuit
1618	court in this state must retain jurisdiction over the matter
1619	until a final judgment is entered on the adoption, either within
1620	or outside the state. The Uniform Child Custody Jurisdiction and
1621	Enforcement Act does not apply until a final judgment is entered
1622	on the adoption.
1623	(5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
1624	prior approval of fees and costs may be commenced any time after
1625	an agreement is reached with between the birth mother or and the
1626	adoptive parents by filing a petition for declaratory statement
1627	on the agreement entitled "In the Matter of the Proposed
1628	Adoption of a Minor Child" in the circuit court.
1629	(a)  The petition must be filed by the adoption entity with
1630	the consent of the parties to the agreement.
1631	(b)  A contract for the payment of fees, costs, and
1632	expenses permitted under this chapter must be in writing, and
1633	any person who enters into the contract has 3 business days in
1634	which to cancel the contract unless placement of the child has
1635	occurred. To cancel the contract, the person must notify the
1636	adoption entity in writing by certified United States mail,
1637	return receipt requested, no later than 3 business days after
1638	signing the contract. For the purposes of this subsection, the
1639	term "business day" means a day on which the United States
1640	Postal Service accepts certified mail for delivery. If the
1641	contract is canceled within the first 3 business days, the
1642	person who cancels the contract does not owe any legal,
1643	intermediary, or other fees, but may be responsible for the
1644	adoption entity's actual costs during that time.
1645	(c)  The court may grant approval only of fees and expenses
1646	permitted under s. 63.097. A prior approval of prospective fees
1647	and costs shall create a presumption that these items will
1648	subsequently be approved by the court under s. 63.132. The
1649	court, under s. 63.132, may order an adoption entity to refund
1650	any amounts paid under this subsection that are subsequently
1651	found by the court to be greater than fees, costs, and expenses
1652	actually incurred.
1653	(d)  The contract may not require, and the court may not
1654	approve, any amount that constitutes payment for locating a
1655	minor for adoption, except as authorized under s. 63.212(1).
1656	(e)  A declaratory statement as to the adoption contract,
1657	regardless of when filed, shall be consolidated with any related
1658	petition for adoption. The clerk of the court shall only assess
1659	one filing fee that includes the adoption action, the
1660	declaratory statement petition, and the petition for termination
1661	of parental rights.
1662	(f)  Prior approval of fees and costs by the court does not
1663	obligate the parent to ultimately relinquish the minor for
1664	adoption.
1665	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1666	for the adoption of a stepchild, a relative, or an adult shall
1667	not require the filing of a separate judgment or separate
1668	proceeding terminating parental rights pending adoption. The
1669	final judgment of adoption has shall have the effect of
1670	terminating parental rights simultaneously with the granting of
1671	the decree of adoption.
1672	Section 20.  Subsection (2) of section 63.112, Florida
1673	Statutes, is amended to read:
1674	63.112  Petition for adoption; description; report or
1675	recommendation, exceptions; mailing.--
1676	(2)  The following documents are required to be filed with
1677	the clerk of the court at the time the petition is filed:
1678	(a)  A certified copy of the court judgment terminating
1679	parental rights under chapter 39 or under this chapter or, if
1680	the adoptee is an adult or a minor relative or stepchild of the
1681	petitioner, the required consent, unless such consent is excused
1682	by the court.
1683	(b)  The favorable preliminary home study by a of the
1684	department, licensed child-placing agency, a licensed or
1685	professional, or an agency described in s. 61.20(2), pursuant to
1686	s. 63.092, as to the suitability of the home in which the minor
1687	has been placed, unless the petitioner is a stepparent or a
1688	relative.
1689	(c)  A copy of any declaratory statement previously entered
1690	by the court pursuant to s. 63.102.
1691	(d)  Documentation that an interview was held with the
1692	minor, if older than 12 years of age, unless the court, in the
1693	best interest of the minor, dispenses with the minor's consent
1694	under s. 63.062(1)(c).
1695	Section 21.  Subsection (3) of section 63.122, Florida
1696	Statutes, is amended to read:
1697	63.122  Notice of hearing on petition.--
1698	(3)  Upon a showing by the petitioner or parent that the
1699	privacy, safety, or and welfare of the petitioner, parent, or
1700	minor may be endangered, the court may order the names of the
1701	petitioner, parent, or minor, or all both, to be deleted from
1702	the notice of hearing and from the copy of the petition attached
1703	thereto, provided the substantive rights of any person will not
1704	thereby be affected.
1705	Section 22.  Subsection (4) of section 63.125, Florida
1706	Statutes, is amended to read:
1707	63.125  Final home investigation.--
1708	(4)  The department, the licensed child-placing agency, or
1709	the professional making the required investigation may request
1710	other state agencies, licensed professionals qualified to
1711	conduct a home study, or child-placing agencies within or
1712	outside this state to make investigations of designated parts of
1713	the inquiry and to make a written report to the department, the
1714	professional, or other person or agency.
1715	Section 23.  Subsection (4) of section 63.132, Florida
1716	Statutes, is amended to read:
1717	63.132  Affidavit of expenses and receipts.--
1718	(4)  This section does not apply to an adoption by a
1719	stepparent or an adoption of a relative or adult, the
1720	finalization of an adoption of a minor whose parent's parental
1721	rights were terminated under chapter 39, or the domestication of
1722	an adoption decree of a minor child adopted in a foreign
1723	country.
1724	Section 24.  Section 63.135, Florida Statutes, is amended
1725	to read:
1726	63.135  Information under oath to be submitted to the
1727	court.--
1728	(1)  The adoption entity or petitioner must file an
1729	affidavit under the Uniform Child Custody Jurisdiction and
1730	Enforcement Act in a termination of parental rights Each party
1731	in an adoption proceeding, in the first pleading or in an
1732	affidavit attached to that pleading, shall give information
1733	under oath as to the child's present address, the places where
1734	the child has lived within the last 5 years, and the names and
1735	present addresses of the persons with whom the child has lived
1736	during that period. In the pleading or affidavit each party
1737	shall further declare under oath whether:
1738	(a)  The party has participated as a party or witness or in
1739	any other capacity in any other litigation concerning the
1740	custody of the same child in this or any other state;
1741	(b)  The party has information of any custody proceeding
1742	concerning the child pending in a court of this or any other
1743	state; and
1744	(c)  The party knows of any person not a party to the
1745	proceedings who has physical custody of the child or claims to
1746	have custody or visitation rights with respect to the child.
1747	(2)  If the declaration as to any item specified in
1748	subsection (1) is in the affirmative, the declarant shall give
1749	additional information under oath as required by the court. The
1750	court may examine the parties under oath about details of the
1751	information furnished and other matters pertinent to the court's
1752	jurisdiction and judgment of adoption.
1753	(2)(3)  Each party has a continuing duty to inform the
1754	court of any custody proceeding concerning the child in this or
1755	any other state about which he or she obtained information
1756	during this proceeding.
1757	Section 25.  Subsections (3) and (4) of section 63.142,
1758	Florida Statutes, are amended to read:
1759	63.142  Hearing; judgment of adoption.--
1760	(3)  DISMISSAL.--
1761	(a)  If the petition is dismissed, further proceedings, if
1762	any, regarding the minor must be brought in a separate custody
1763	action under chapter 61, a dependency action under chapter 39,
1764	or a paternity action under chapter 742 the court shall
1765	determine the person that is to have custody of the minor.
1766	(b)  If the petition is dismissed, the court shall state
1767	with specificity the reasons for the dismissal.
1768	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1769	court determines that the date for a parent to file an appeal of
1770	a valid judgment terminating that parent's parental rights has
1771	passed and no appeal, under pursuant to the Florida Rules of
1772	Appellate Procedure, is pending and that the adoption is in the
1773	best interest of the person to be adopted, a judgment of
1774	adoption shall be entered. A judgment terminating parental
1775	rights pending adoption is voidable and any later judgment of
1776	adoption of that minor is voidable if, upon a parent's motion
1777	for relief from judgment, the court finds that the adoption
1778	fails to substantially meet the requirements of this chapter.
1779	The motion must be filed within a reasonable time, but not later
1780	than 1 year after the date the judgment terminating parental
1781	rights was entered.
1782	Section 26.  Section 63.152, Florida Statutes, is amended
1783	to read:
1784	63.152  Application for new birth record.--Within 30 days
1785	after entry of a judgment of adoption, the clerk of the court
1786	shall transmit a certified statement of the entry to the state
1787	registrar of vital statistics in the state where the adopted
1788	person was born on a form provided by the registrar. A new birth
1789	record containing the necessary information supplied by the
1790	certificate shall be issued by the registrar on application of
1791	the adopting parents or the adopted person.
1792	Section 27.  Subsections (1), (3), and (7) of section
1793	63.162, Florida Statutes, are amended to read:
1794	63.162  Hearings and records in adoption proceedings;
1795	confidential nature.--
1796	(1)  All hearings held in proceedings under this chapter
1797	act shall be held in closed court without admittance of any
1798	person other than essential officers of the court, the parties,
1799	witnesses, counsel, persons who have not consented to the
1800	adoption and are required to consent, and representatives of the
1801	agencies who are present to perform their official duties.
1802	(3)  The court files, records, and papers in the adoption
1803	of a minor shall be indexed only in the name of the petitioner,
1804	and the names name of the petitioner and the minor shall not be
1805	noted on any docket, index, or other record outside the court
1806	file, except that closed agency files may be cross-referenced in
1807	the original and adoptive names of the minor.
1808	(7)  The court may, upon petition of an adult adoptee, for
1809	good cause shown, appoint an intermediary or a licensed child-
1810	placing agency to contact a birth parent and to who has not
1811	registered with the adoption registry pursuant to s. 63.165 and
1812	advise him or her them of the adoptee's request to open the file
1813	and the adoption registry and offer the parent the opportunity
1814	to waive confidentiality and consent to the opening of the
1815	parent's records availability of same.
1816	Section 28.  Paragraph (a) of subsection (2) of section
1817	63.182, Florida Statutes, is amended to read:
1818	63.182  Statute of repose.--
1819	(2)(a)  Except for the specific persons expressly entitled
1820	to be given notice of an adoption in accordance with this
1821	chapter, the interest that entitles a person to notice of an
1822	adoption of a minor must be direct, financial, and immediate,
1823	and the person must show that he or she will gain or lose by the
1824	direct legal operation and effect of the judgment. A showing of
1825	an indirect, inconsequential, or contingent interest is wholly
1826	inadequate, and a person with this indirect interest lacks
1827	standing to set aside a judgment of adoption.
1828	Section 29.  Section 63.192, Florida Statutes, is amended
1829	to read:
1830	63.192  Recognition of foreign judgment or decree affecting
1831	adoption.--A judgment of court terminating the relationship of
1832	parent and child or establishing the relationship by adoption,
1833	or a decree granting legal guardianship for purposes of
1834	adoption, issued pursuant to due process of law by a court or
1835	authorized body of any other jurisdiction within or without the
1836	United States shall be recognized in this state, and the rights
1837	and obligations of the parties on matters within the
1838	jurisdiction of this state shall be determined as though the
1839	judgment or decree were issued by a court of this state. A
1840	judgment or decree of a court or authorized body terminating the
1841	relationship of a parent and child, whether independent,
1842	incorporated in an adoption decree, or incorporated in a legal
1843	guardianship order issued pursuant to due process of law of any
1844	other jurisdiction within or without the United States, shall be
1845	deemed to effectively terminate parental rights for purposes of
1846	a proceeding on a petition for adoption in this state. When a
1847	minor child has been made available for adoption in a foreign
1848	state or foreign country and the parental rights of the minor
1849	child's parent have been terminated or the child has been
1850	declared to be abandoned or orphaned, no additional termination
1851	of parental rights proceeding need occur, and the adoption may
1852	be finalized according to the procedures set forth in this
1853	chapter.
1854	Section 30.  Paragraph (b) of subsection (1) of section
1855	63.207, Florida Statutes, is amended to read:
1856	63.207  Out-of-state placement.--
1857	(1)  Unless the parent placing a minor for adoption files
1858	an affidavit that the parent chooses to place the minor outside
1859	the state, giving the reason for that placement, or the minor is
1860	to be placed with a relative or with a stepparent, or the minor
1861	is a special needs child, as defined in s. 409.166, or for other
1862	good cause shown, an adoption entity may not:
1863	(b)  Place or attempt to place a minor for the purpose of
1864	adoption with a family who primarily lives and works outside
1865	Florida in another state. If an adoption entity is acting under
1866	this subsection, the adoption entity must file a petition for
1867	declaratory statement pursuant to s. 63.102 for prior approval
1868	of fees and costs. The court shall review the costs pursuant to
1869	s. 63.097. The petition for declaratory statement must be
1870	converted to a petition for an adoption upon placement of the
1871	minor in the home. When a minor is placed for adoption with
1872	prospective adoptive parents who primarily live and work outside
1873	this state, the circuit court in this state may retain
1874	jurisdiction over the matter until the adoption becomes final.
1875	The prospective adoptive parents may finalize the adoption in
1876	this state or in their home state.
1877	Section 31.  Paragraph (c) of subsection (1) and
1878	subsections (2) and (7) of section 63.212, Florida Statutes, are
1879	amended to read:
1880	63.212  Prohibited acts; penalties for violation.--
1881	(1)  It is unlawful for any person:
1882	(c)  To sell or surrender, or to arrange for the sale or
1883	surrender of, a minor to another person for money or anything of
1884	value or to receive a such minor child for a such payment or
1885	thing of value. If a minor is being adopted by a relative or by
1886	a stepparent, or is being adopted through an adoption entity,
1887	this paragraph does not prohibit the person who is contemplating
1888	adopting the child from paying, under ss. 63.097 and 63.132, the
1889	actual prenatal care and living expenses of the mother of the
1890	child to be adopted, or from paying, under ss. 63.097 and
1891	63.132, the actual living and medical expenses of the such
1892	mother for a reasonable time, not to exceed 6 weeks, if medical
1893	needs require such support, after the birth of the minor.
1894	(2)(a)  It is unlawful for any person or adoption entity
1895	under this chapter to:
1896	1.  Knowingly provide false information; or
1897	2.  Knowingly withhold material information.
1898	(b)  It is unlawful for a parent, with the intent to
1899	defraud, to accept benefits related to the same pregnancy from
1900	more than one adoption entity without disclosing that fact to
1901	each entity.
1902	(c)  It is unlawful for any person who knows that the
1903	parent whose rights are to be terminated intends to object to
1904	said termination to intentionally file the petition for
1905	termination of parental rights in a county inconsistent with the
1906	required venue under such circumstances.
1907
1908	Any person who willfully violates any provision of this
1909	subsection commits a misdemeanor of the second degree,
1910	punishable as provided in s. 775.082 or s. 775.083. In addition,
1911	the such person is liable for damages caused by the such acts or
1912	omissions, including reasonable attorney's fees and costs.
1913	Damages may be awarded through restitution in any related
1914	criminal prosecution or by filing a separate civil action.
1915	(7)  It is unlawful for any adoptive parent or adoption
1916	entity to obtain a preliminary home study or final home
1917	investigation and fail to disclose the existence of the study or
1918	investigation to the court when required by law to do so.
1919	Section 32.  Subsection (4) and paragraph (c) of subsection
1920	(6) of section 63.213, Florida Statutes, are amended to read:
1921	63.213  Preplanned adoption agreement.--
1922	(4)  An attorney who represents an intended father and
1923	intended mother or any other attorney with whom that attorney is
1924	associated shall not represent simultaneously a female who is or
1925	proposes to be a volunteer mother in the same any matter
1926	relating to a preplanned adoption agreement or preplanned
1927	adoption arrangement.
1928	(6)  As used in this section, the term:
1929	(c)  "Fertility technique" means artificial embryonation
1930	or, artificial insemination, whether in vivo or in vitro or, egg
1931	donation, or embryo adoption.
1932	Section 33.  Section 63.236, Florida Statutes, is created
1933	to read:
1934	63.236  Petitions filed before effective date; governing
1935	law.--Any petition for termination of parental rights filed
1936	before July 1, 2007, shall be governed by the law in effect at
1937	the time the petition was filed.
1938	Section 34.  Section 382.017, Florida Statutes, is amended
1939	to read:
1940	382.017  Foreign births.--
1941	(1)  Upon request, the department shall prepare and
1942	register a certificate of foreign birth for an adoptee born in a
1943	foreign country who is not a citizen of the United States and
1944	whose judgment of adoption was entered by a court of competent
1945	jurisdiction of this state. The certificate shall be established
1946	upon receipt of the report or certified copy of the adoption
1947	decree, proof of the date and place of the adoptee's birth, and
1948	a request that the certificate be prepared from the court, the
1949	adopting parents, or the adoptee if of legal age. The
1950	certificate shall be labeled "Certificate of Foreign Birth" and
1951	shall show the true country and date of birth of the adoptee,
1952	and must include a statement that the certificate is not
1953	evidence of United States citizenship. After registering the
1954	certificate of foreign birth in the new name of the adoptee, the
1955	department shall place the adoption report or decree under seal,
1956	not to be broken except pursuant to court order.
1957	(2)  A certificate of foreign birth for an adoptee born in
1958	a foreign country may be issued without a judgment of adoption
1959	by a court of competent jurisdiction of this state if the
1960	adopting parents submit all of the following:
1961	(a)  A certified translation of all documents described in
1962	this subsection that are not in English.
1963	(b)  The decree, order, or certificate of adoption that
1964	provides eveidence that the adoption has been finalized in the
1965	country in which the adoptee was born.
1966	(c)  An IR-3 visa with proof of United States citizenship
1967	issued upon entry into the United States for the adoptee. An IR-
1968	3 visa is given to a child when the adoptive parent or parents
1969	saw the child prior to adoption, and the adoption is completed
1970	in the country in which the adoptee was born.
1971	(d)  A certified document, signed by each adoptive parent
1972	under penalty of perjury, that states that the adoption complies
1973	with the eligibility requirements set forth in s. 63.042(3).
1974	(e)  Proof that each adopting parent is a resident of the
1975	state.
1976	(3)(2)  If the adoptee was born in a foreign country but
1977	was a citizen of the United States at the time of birth, the
1978	department shall not prepare a certificate of foreign birth but
1979	shall notify the adoptive parents, or the adoptee if of legal
1980	age, of the procedure for obtaining a revised birth certificate
1981	through the United States Department of State.
1982	Section 35.  Subsection (1) of section 383.50, Florida
1983	Statutes, is amended to read:
1984	383.50  Treatment of abandoned newborn infant.--
1985	(1)  As used in this section, the term "newborn infant"
1986	means a child that a licensed physician reasonably believes to
1987	be approximately 7 3 days old or younger at the time the child
1988	is left at a hospital, emergency medical services station, or
1989	fire station.
1990	Section 36.  Paragraph (b) of subsection (5), paragraph (b)
1991	of subsection (10), paragraph (b) of subsection (11), and
1992	subsection (14) of section 409.176, Florida Statutes, are
1993	amended to read:
1994	409.176  Registration of residential child-caring agencies
1995	and family foster homes.--
1996	(5)  The licensing provisions of s. 409.175 do not apply to
1997	a facility operated by an organization that:
1998	(b)  Is certified by a Florida statewide child care
1999	organization that which was in existence on January 1, 1984, and
2000	that which publishes, and requires compliance with, its
2001	standards and files copies thereof with the department. These
2002	Such standards shall be in substantial compliance with published
2003	minimum standards that similar licensed child-caring agencies,
2004	licensed child-placing agencies, or family foster homes are
2005	required to meet, as determined by the department, with the
2006	exception of those standards of a curricular or religious nature
2007	and those relating to staffing or financial stability of
2008	licensed child-caring agencies or family foster homes. Once the
2009	department has determined that the standards for child-caring
2010	agencies, child-placing agencies, or family foster homes are in
2011	substantial compliance with minimum standards that similar
2012	facilities are required to meet, the standards need do not have
2013	to be resubmitted to the department unless a change occurs in
2014	the standards. Any changes in the standards shall be provided to
2015	the department within 10 days after of their adoption.
2016	(10)
2017	(b)  The qualified association shall notify the department
2018	when the qualified association finds, within 30 days after
2019	written notification by registered mail of the requirement for
2020	registration, that a person or facility continues to care for or
2021	place children without a certificate of registration. The
2022	department shall notify the appropriate state attorney of the
2023	violation of law and, if necessary, shall institute a civil suit
2024	to enjoin the person or facility from continuing the care or
2025	placement of children.
2026	(11)
2027	(b)  If the department determines that a person or facility
2028	is caring for or placing a child without a valid certificate of
2029	registration issued by the qualified association or has made a
2030	willful or intentional misstatement on any registration
2031	application or other document required to be filed in connection
2032	with an application for a certificate of registration, the
2033	qualified association, as an alternative to or in conjunction
2034	with an administrative action against the such person or
2035	facility, shall make a reasonable attempt to discuss each
2036	violation with, and recommend corrective action to, the person
2037	or the administrator of the facility, prior to written
2038	notification thereof.
2039	(14)  Registration under this section, including the issue
2040	of substantial compliance with published minimum standards that
2041	similar licensed child-caring facilities, licensed child-placing
2042	agencies, or family foster homes are required to meet, as
2043	provided in paragraph (5)(b), is subject to the provisions of
2044	chapter 120.
2045	Section 37.  Section 742.021, Florida Statutes, is amended
2046	to read:
2047	742.021  Venue, process, complaint.--The proceedings shall
2048	be in the circuit court of the county where the plaintiff
2049	resides or of the county where the defendant resides. The
2050	complaint shall aver sufficient facts charging the paternity of
2051	the child. Upon filing of every complaint seeking to determine
2052	paternity, the clerk of court shall issue a notice to be
2053	provided to each petitioner upon filing and to each respondent
2054	with service of the petition. The notice shall be in
2055	substantially the following form:
2056
2057	In order to preserve the right to notice and consent to the
2058	adoption of the child, an unmarried biological father must,
2059	as the "registrant," file a notarized claim of paternity
2060	form with the Florida Putative Father Registry maintained
2061	by the Office of Vital Statistics of the Department of
2062	Health and shall include therein confirmation of his
2063	willingness and intent to support the child for whom
2064	paternity is claimed in accordance with state law. The
2065	claim of paternity may be filed at any time prior to the
2066	child's birth, but a claim of paternity may not be filed
2067	after the date a petition is filed for termination of
2068	parental rights.
2069
2070	Process directed to the defendant shall issue forthwith
2071	requiring the defendant to file written defenses to the
2072	complaint in the same manner as suits in chancery. Upon
2073	application and proof under oath, the court may issue a writ of
2074	ne exeat against the defendant on such terms and conditions and
2075	conditioned upon bond in such amount as the court may determine.
2076	Section 38.  Subsection (1) of section 742.10, Florida
2077	Statutes, is amended to read:
2078	742.10  Establishment of paternity for children born out of
2079	wedlock.--
2080	(1)  Except as provided chapters 39 and 63, this chapter
2081	provides the primary jurisdiction and procedures for the
2082	determination of paternity for children born out of wedlock.
2083	When the establishment of paternity has been raised and
2084	determined within an adjudicatory hearing brought under the
2085	statutes governing inheritance, or dependency under workers'
2086	compensation or similar compensation programs, or when an
2087	affidavit acknowledging paternity or a stipulation of paternity
2088	is executed by both parties and filed with the clerk of the
2089	court, or when an affidavit, a notarized voluntary
2090	acknowledgment of paternity, or a voluntary acknowledgment of
2091	paternity that is witnessed by two individuals and signed under
2092	penalty of perjury as provided for in s. 382.013 or s. 382.016
2093	is executed by both parties, or when paternity is adjudicated by
2094	the Department of Revenue as provided in s. 409.256, such
2095	adjudication, affidavit, or acknowledgment constitutes the
2096	establishment of paternity for purposes of this chapter. If no
2097	adjudicatory proceeding was held, a notarized voluntary
2098	acknowledgment of paternity or voluntary acknowledgment of
2099	paternity that is witnessed by two individuals and signed under
2100	penalty of perjury as specified by s. 92.525(2) shall create a
2101	rebuttable presumption, as defined by s. 90.304, of paternity
2102	and is subject to the right of any signatory to rescind the
2103	acknowledgment within 60 days after the date the acknowledgment
2104	was signed or the date of an administrative or judicial
2105	proceeding relating to the child, including a proceeding to
2106	establish a support order, in which the signatory is a party,
2107	whichever is earlier. Both parents must provide their social
2108	security numbers on any acknowledgment of paternity, consent
2109	affidavit, or stipulation of paternity. Except for affidavits
2110	under seal pursuant to ss. 382.015 and 382.016, the Office of
2111	Vital Statistics shall provide certified copies of affidavits to
2112	the Title IV-D agency upon request.
2113	Section 39.  If any provision of this act or its
2114	application to any person or circumstance is held invalid, the
2115	invalidity does not affect other provisions or applications of
2116	the act which can be given effect without the invalid provision
2117	or application, and to this end the provisions of this act are
2118	severable.
2119	Section 40.  This act shall take effect July 1, 2007.

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