HB 663

1	A bill to be entitled
2	An act relating to the termination of parental rights;
3	amending s. 39.812, F.S.; requiring a petition for
4	adoption to be accompanied by a statement verifying that
5	adoptive parents have received all information required to
6	be disclosed; amending s. 49.011, F.S.; providing for
7	service of process by publication for termination of
8	parental rights under ch. 63, F.S.; amending s. 63.032,
9	F.S.; redefining terms; amending s. 63.039, F.S.;
10	requiring an adoption entity to provide adoption
11	disclosure statements to persons whose consent is required
12	for adoption; requiring attorney's fees and costs in
13	certain actions to be awarded pursuant to the Florida
14	Rules of Civil Procedures; amending s. 63.0425, F.S.;
15	clarifying a grandparent's right to notice; amending s.
16	63.054, F.S.; providing that an unmarried biological
17	father who fails to register with the Florida Putative
18	Father Registry before the filing of a petition for
19	termination of parental rights may not file a paternity
20	claim under ch. 742, F.S.; providing an exception from the
21	time limitations for filing a paternity claim; providing
22	that if a registrant fails to report a change of address,
23	the adoption entity or adoption petitioner is not
24	obligated to search further for the registrant; requiring
25	a petitioner in a proceeding in which parental rights are
26	terminated simultaneously with entry of final judgment of
27	adoption to contact the Office of Vital Statistics for a
28	search of the registry; providing procedures for searching
29	the registry when termination of parental rights and an
30	adoption proceeding are adjudicated separately; amending
31	s. 63.062, F.S.; revising criteria for serving notice of
32	terminating parental rights to the father of a minor;
33	revising procedures for serving notice of intended
34	adoption plan; providing criteria for avoiding default on
35	providing consent to adoption; providing for the proper
36	venue to file a petition to terminate parental rights;
37	amending s. 63.063, F.S.; revising the standard for
38	compliance with laws relating to adoption; amending s.
39	63.082, F.S.; revising the notice and consent requirements
40	to adoption to also exclude cases involving sexual
41	activity with certain minors; revising consent
42	requirements that apply to men; limiting the time period
43	for revoking consent to adopt a child older than 6 months
44	of age to 3 business days; revising requirements for
45	withdrawing a consent for adoption; amending s. 63.085,
46	F.S.; revising requirements for required disclosures by an
47	adoption entity; requiring that background information
48	concerning the child be revealed to prospective adoptive
49	parents; amending s. 63.087, F.S.; revising procedures for
50	terminating parental rights pending an adoption; providing
51	the proper venue in which to file a petition to terminate
52	parental rights; providing for joint petitions for
53	termination of parental rights and adoption; providing
54	that failure to appear at certain hearings constitutes
55	grounds for termination of parental rights; removing a
56	provision relating to the procedure for notifying a
57	petitioner of a final hearing; amending s. 63.088, F.S.;
58	providing that a mother's failure to identify an unmarried
59	biological father is not a defense to a termination of
60	parental rights; revising information relating to a
61	court's inquiry about the father of the child who is to be
62	adopted; requiring persons contacted by a petitioner or
63	adoption entity to release certain information; providing
64	that a judgment approving a diligent search is not subject
65	to direct or collateral attack; amending s. 63.089, F.S.;
66	revising provisions relating to service of notice and
67	petition regarding termination of parental rights and
68	consent to adoption; revising conditions for making a
69	finding of abandonment; prohibiting a person who failed to
70	establish parental rights from challenging a judgment
71	terminating parental rights under certain circumstances;
72	amending s. 63.092, F.S.; revising the conditions and
73	timeframe for an adoption entity to report to the court
74	the intent to place a minor for adoption; amending s.
75	63.102, F.S.; revising procedures for the filing of a
76	petition for adoption; providing the proper venue where
77	the petition may be filed; amending s. 63.122, F.S.;
78	revising whose name may be removed from a petition under
79	certain circumstances; amending s. 63.132, F.S.; providing
80	additional exceptions to the requirement that the adoptive
81	parent and the adoption entity file an affidavit itemizing
82	all expenses and receipts; amending s. 63.135, F.S.;
83	requiring the adoption entity or petitioner to file an
84	affidavit under the Uniform Child Custody Jurisdiction and
85	Enforcement Act in a termination of parental rights
86	proceeding; deleting information required to be submitted
87	under oath to the court; amending s. 63.142, F.S.;
88	requiring that if an adoption petition is dismissed, any
89	further proceedings regarding the minor be brought in a
90	separate custody action under ch. 61, F.S., a dependency
91	action under ch. 39, F.S., or a paternity action under ch.
92	742, F.S.; revising conditions under which a judgment
93	terminating parental rights is voidable; amending s.
94	63.192, F.S.; requiring the courts of this state to
95	recognize decrees of termination of parental rights and
96	adoptions from other states and countries; amending s.
97	63.212, F.S.; revising acts that are unlawful pertaining
98	to adoptions; creating s. 63.236, F.S.; providing that a
99	petition for termination of parental rights filed before
100	the effective date of the act is governed by the law in
101	effect at the time the petition was filed; amending s.
102	742.021, F.S.; requiring the clerk of court to issue
103	certain notice in cases of complaints concerning
104	determination of paternity; amending s. 742.10, F.S.;
105	providing applicability of chs. 39 and 63, F.S., to
106	jurisdiction and procedures for determination of paternity
107	for children born out of wedlock; providing an effective
108	date.
109
110	Be It Enacted by the Legislature of the State of Florida:
111
112	Section 1.  Subsection (5) of section 39.812, Florida
113	Statutes, is amended to read:
114	39.812  Postdisposition relief; petition for adoption.--
115	(5)  The petition for adoption must be filed in the
116	division of the circuit court which entered the judgment
117	terminating parental rights, unless a motion for change of venue
118	is granted pursuant to s. 47.122. A copy of the consent executed
119	by the department as required under s. 63.062(7) must be
120	attached to the petition, unless waived pursuant to s. 63.062(7)
121	the court determines that such consent is being unreasonably
122	withheld and provided that the petitioner has filed with the
123	court a favorable preliminary adoptive home study performed by a
124	licensed child-placing agency, a child-caring agency registered
125	under s. 409.176, or a licensed professional or agency described
126	in s. 61.20(2). The petition must be accompanied by a statement,
127	signed by the prospective adoptive parents, acknowledging
128	receipt of all information required to be disclosed under s.
129	63.085 and a form provided by the department which details the
130	social and medical history of the child and each parent and
131	includes the social security number and date of birth for each
132	parent, if such information is available or readily obtainable.
133	The prospective adoptive parents person seeking to adopt the
134	child may not file a petition for adoption until the judgment
135	terminating parental rights becomes final. An adoption
136	proceeding under this subsection is governed by chapter 63, as
137	limited under s. 63.037.
138	Section 2.  Subsection (13) of section 49.011, Florida
139	Statutes, is amended to read:
140	49.011  Service of process by publication; cases in which
141	allowed.--Service of process by publication may be made in any
142	court on any party identified in s. 49.021 in any action or
143	proceeding:
144	(13)  For termination of parental rights pursuant to part
145	IX of chapter 39 or chapter 63.
146	Section 3.  Subsections (4) through (20) of section 63.032,
147	Florida Statutes, are amended to read:
148	63.032  Definitions.--As used in this chapter, the term:
149	(4)  "Adoption plan" means an arrangement made by a birth
150	parent or other individual having a legal right to custody of a
151	minor, born or to be born, with an adoption entity in
152	furtherance of placing the minor for adoption.
153	(5)(4)  "Adult" means a person who is not a minor.
154	(6)(5)  "Agency" means any child-placing agency licensed by
155	the department pursuant to s. 63.202 to place minors for
156	adoption.
157	(7)(6)  "Child" means a minor son or daughter, whether by
158	birth or adoption.
159	(8)(7)  "Court" means a any circuit court of this state
160	and, if when the context requires, the court of any state that
161	is empowered to grant petitions for adoption.
162	(9)(8)  "Department" means the Department of Children and
163	Family Services.
164	(10)(9)  "Intermediary" means an attorney who is licensed
165	or authorized to practice in this state and who is placing or
166	intends to place a child for adoption, including placing
167	children born in another state with citizens of this state or
168	country or placing children born in this state with citizens of
169	another state or country.
170	(11)(10)  "Legal custody" has the meaning ascribed in s.
171	39.01.
172	(11)  "Minor" means a person under the age of 18 years.
173	(12)  "Parent" means a woman who gives birth to a child or
174	a man whose consent to the adoption of the child would be
175	required under s. 63.062(1). If a child has been legally
176	adopted, the term "parent" means the adoptive mother or father
177	of the child. The term does not include an individual whose
178	parental relationship to the child has been legally terminated
179	or an alleged or prospective parent has the same meaning
180	ascribed in s. 39.01.
181	(13)  "Person" includes a natural person, corporation,
182	government or governmental subdivision or agency, business
183	trust, estate, trust, partnership, or association, and any other
184	legal entity.
185	(14)  "Relative" means a person related by blood to the
186	person being adopted within the third degree of consanguinity.
187	(15)  "To place" means the process of a parent or legal
188	guardian surrendering a child for adoption and the prospective
189	adoptive parents receiving and adopting the child, and includes
190	all actions by any person or adoption entity participating in
191	the process.
192	(14)(16)  "Placement" means the process of a parent or
193	legal guardian surrendering a child for adoption and the
194	prospective adoptive parents receiving and adopting the child
195	and all actions by any adoption entity participating in placing
196	the child.
197	(15)(17)  "Primarily lives and works outside Florida" means
198	that a person who lives and works outside this state at least 6
199	months and 1 day per of the year, is a member of the military
200	personnel who designates a state other than designate Florida as
201	his or her their place of residence in accordance with the
202	Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a
203	citizen employees of the United States Department of State
204	living in a foreign country who designates designate a state
205	other than Florida as his or her their place of residence.
206	(16)  "Relative" means a person related by blood to the
207	person being adopted within the third degree of consanguinity.
208	(17)(18)  "Suitability of the intended placement" means
209	includes the fitness of the intended placement, with primary
210	consideration being given to the best interest of the child.
211	(18)  "To place" means the process whereby a parent or
212	legal guardian surrenders a child for adoption and the
213	prospective adoptive parents receive and adopt the child, and
214	includes all actions by any person or adoption entity
215	participating in the process.
216	(19)  "Unmarried biological father" means the child's
217	biological father who is not married to the child's mother at
218	the time of conception or birth of the child and who, before the
219	filing of a petition to terminate parental rights, has not been
220	adjudicated declared by a court of competent jurisdiction to be
221	the legal father of the child or has not executed an affidavit
222	pursuant to s. 382.013(2)(c).
223	(20)  "Adoption plan" means arrangements made by a birth
224	parent or other individual having a legal right to custody of a
225	minor child, born or to be born, with an adoption entity in
226	furtherance of the placement of the minor for adoption.
227	Section 4.  Paragraph (i) of subsection (1) of section
228	63.039, Florida Statutes, is amended, paragraph (j) is added to
229	that subsection, and subsection (3) of that section is amended,
230	to read:
231	63.039  Duty of adoption entity to prospective adoptive
232	parents; sanctions.--
233	(1)  An adoption entity placing a minor for adoption has an
234	affirmative duty to follow the requirements of this chapter and
235	specifically the following provisions, which protect and promote
236	the well-being of persons being adopted and their parents and
237	prospective adoptive parents by promoting certainty, finality,
238	and permanency for such persons. The adoption entity must:
239	(i)  Obtain the written waiver of venue required under s.
240	63.062, if applicable in cases in which venue for the
241	termination of parental rights will be located in a county other
242	than the county where a parent whose rights are to be terminated
243	resides.
244	(j)  Provide an adoption disclosure statement, as required
245	under s. 63.085(1), to all persons whose consent is required
246	under s. 63.062(1).
247	(3)  The prevailing party in an action to set aside a
248	judgment terminating parental rights pending adoption or a
249	judgment of adoption may be awarded reasonable attorney's fees
250	and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil
251	Procedure. An award under this subsection must be paid by the
252	adoption entity or by the any applicable insurance carrier on
253	behalf of the adoption entity if the court finds that the acts
254	or omissions of the entity were the basis for the court's order
255	granting relief to the prevailing party.
256	Section 5.  Section 63.0425, Florida Statutes, is amended
257	to read:
258	63.0425  Grandparent's right to notice adopt.--
259	(1)  If When a child has lived with a grandparent for at
260	least 6 months within the 24-month period immediately preceding
261	the filing of a petition for termination of parental rights
262	pending adoption, the adoption entity shall provide notice to
263	that grandparent of the hearing on the petition for termination
264	of parental rights pending adoption.
265	(2)  This section does shall not apply if the placement for
266	adoption is the a result of the death of the child's parent and
267	a different preference is stated in the parent's will.
268	(3)  This section does shall not apply in stepparent
269	adoptions.
270	(4)  Nothing in This section does not shall contravene the
271	provisions of s. 63.142(4).
272	Section 6.  Subsections (1), (6), and (7) of section
273	63.054, Florida Statutes, are amended to read:
274	63.054  Actions required by an unmarried biological father
275	to establish parental rights; Florida Putative Father
276	Registry.--
277	(1)  In order to preserve the right to notice and consent
278	to an adoption under this chapter, an unmarried biological
279	father must, as the "registrant," file a notarized claim of
280	paternity form with the Florida Putative Father Registry
281	maintained by the Office of Vital Statistics of the Department
282	of Health which includes and shall include therein confirmation
283	of his willingness and intent to support the child for whom
284	paternity is claimed in accordance with state law. The claim of
285	paternity may be filed at any time before prior to the child's
286	birth, but a claim of paternity may not be filed after the date
287	a petition is filed for termination of parental rights. In each
288	proceeding for termination of parental rights, the petitioner
289	must shall submit to the Office of Vital Statistics of the
290	Department of Health a copy of the petition for termination of
291	parental rights. The Office of Vital Statistics may of the
292	Department of Health shall not record a claim of paternity after
293	the date that a petition for termination of parental rights is
294	filed. The failure of an unmarried biological father to file a
295	claim of paternity with the Registry before the date a petition
296	for termination of parental rights is filed also bars him from
297	filing a paternity claim under chapter 742.
298	(a)  An unmarried biological father is excepted from the
299	time limitations for filing a claim of paternity with the
300	registry or for filing a paternity claim under chapter 742 if:
301	1.  The mother identifies him to the adoption entity as a
302	potential biological father by the date she executes a consent
303	for adoption; and
304	2.  He is served with a notice of intended adoption plan
305	pursuant to s. 63.062(3) and the 30-day mandatory response date
306	is later than the date the petition for termination of parental
307	rights is filed with the court.
308	(b)  If an unmarried biological father falls within the
309	exception provided by paragraph (a), the petitioner shall also
310	submit to the Office of Vital Statistics a copy of the notice of
311	intended adoption plan and proof of service of the notice on the
312	potential biological father.
313	(c)  An unmarried biological father who falls within the
314	exception provided by paragraph (a), may not file a claim of
315	paternity with the registry or a paternity claim under chapter
316	742 after the 30-day mandatory response date to the notice of
317	intended adoption plan has expired. The Office of Vital
318	Statistics may not record a claim of paternity 30 days after
319	service of the notice of intended adoption plan.
320	(6)  It is the obligation of the registrant or, if
321	designated under subsection (4), his designated agent or
322	representative to notify and update the Office of Vital
323	Statistics of any change of address or change in the designation
324	of an agent or representative. The failure of a registrant, or
325	designated agent or representative, to report any such change is
326	at the registrant's own risk and may shall not serve as a valid
327	defense based upon lack of notice, and the adoption entity or
328	petitioner has no further obligation to search for the
329	registrant unless the person petitioning for termination of
330	parental rights or adoption has actual or constructive notice of
331	the registrant's address and whereabouts from another source.
332	(7)  In each proceeding for termination of parental rights
333	or each adoption proceeding in which parental rights are being
334	terminated simultaneously with entry of the final judgment of
335	adoption, as in a stepparent and relative adoption filed under
336	this chapter, the petitioner must contact the Office of Vital
337	Statistics of the Department of Health by submitting an
338	application for a search of the Florida Putative Father
339	Registry. The petitioner must shall provide the same
340	information, if known, on the search application form that which
341	the registrant furnished is required to furnish under subsection
342	(3). Thereafter, the Office of Vital Statistics shall must issue
343	a certificate signed by the State Registrar certifying:
344	(a)  The identity and contact information, if any, for each
345	registered unmarried biological father whose information matches
346	the search request sufficiently so that such person may be
347	considered a possible father of the subject child; or
348	(b)  That a diligent search has been made of the registry
349	of registrants who may be the unmarried biological father of the
350	subject child and that no matching registration has been located
351	in the registry.
352
353	The This certificate must be filed with the court in the
354	proceeding to terminate parental rights or the adoption
355	proceeding. If a termination of parental rights and an adoption
356	proceeding are being adjudicated separately simultaneously, the
357	Florida Putative Father Registry need only be searched for the
358	termination of parental rights proceeding once.
359	Section 7.  Paragraph (b) of subsection (1) and subsections
360	(3), (7), and (9) of section 63.062, Florida Statutes, are
361	amended to read:
362	63.062  Persons required to consent to adoption; affidavit
363	of nonpaternity; waiver of venue.--
364	(1)  Unless supported by one or more of the grounds
365	enumerated under s. 63.089(3), a petition to terminate parental
366	rights pending adoption may be granted only if written consent
367	has been executed as provided in s. 63.082 after the birth of
368	the minor or notice has been served under s. 63.088 to:
369	(b)  The father of the minor, if:
370	1.  The minor was conceived or born while the father was
371	married to the mother;
372	2.  The minor is his child by adoption;
373	3.  The minor has been adjudicated established by the court
374	proceeding to be his child by the date a petition is filed for
375	termination of parental rights;
376	4.  He has filed an affidavit of paternity pursuant to s.
377	382.013(2)(c) by the date a petition is filed for termination of
378	parental rights; or
379	5.  In the case of an unmarried biological father, he has
380	acknowledged in writing, signed in the presence of a competent
381	witness, that he is the father of the minor, has filed such
382	acknowledgment with the Office of Vital Statistics of the
383	Department of Health within the required timeframes, and has
384	complied with the requirements of subsection (2).
385	(3)(a)  Pursuant to chapter 48, an adoption entity may
386	serve a notice of intended adoption plan upon any known and
387	locatable unmarried biological father who is identified to the
388	adoption entity by the mother by the date she signs her consent
389	for adoption or who is identified by a diligent search of the
390	Florida Putative Father Registry, or upon an entity whose
391	consent is required. The notice may be served, a notice of
392	intended adoption plan at any time before the child's birth or
393	before placing prior to the placement of the child in the
394	adoptive home, including prior to the birth of the child. The
395	recipient of the notice may waive service of process by
396	executing a waiver and acknowledging receipt of the plan. The
397	notice of intended adoption plan must specifically state that if
398	the unmarried biological father desires to contest the adoption
399	plan, he must, within 30 days after service, file with the
400	court, within 30 days after service, a verified response that
401	contains a pledge of commitment to the child in substantial
402	compliance with subparagraph (2)(b)2. and The notice of intended
403	adoption plan shall notify the unmarried biological father that
404	he must file a claim of paternity form with the Office of Vital
405	Statistics, within 30 days after service upon him and must
406	provide the adoption entity with a copy of the verified response
407	filed with the court and the claim of paternity form filed with
408	the Office of Vital Statistics. The notice must also include
409	instructions for submitting a claim of paternity form to the
410	Office of Vital Statistics and the address to which the claim
411	must be sent. If the party served with the notice of intended
412	adoption plan is an entity whose consent is required, the notice
413	must specifically state that the entity must file, within 30
414	days after service, a verified response setting forth a legal
415	basis for contesting the intended adoption plan, specifically
416	addressing the best interest of the child.
417	(a)  If the unmarried biological father or entity whose
418	consent is required fails to timely and properly file a verified
419	response with the court and, in the case of an unmarried
420	biological father, a claim of paternity form with the Office of
421	Vital Statistics within 30 days after service upon that
422	unmarried biological father or entity whose consent is required,
423	the court shall enter a default against any unmarried biological
424	father or entity and the consent of that unmarried biological
425	father or entity shall no longer be required under this chapter
426	and that party shall be deemed to have waived any claim of
427	rights to the child. To avoid a default, within 30 days after
428	receipt of service of the notice of intended adoption plan:
429	1.  The unmarried biological father must:
430	a.  File a claim of paternity with the Florida Putative
431	Father Registry maintained by the Office of Vital Statistics;
432	b.  File a verified response with the court which contains
433	a pledge of commitment to the child in substantial compliance
434	with subparagraph (2)(b)2.; and
435	c.  Provide support for the birth mother and child.
436	2.  The entity whose consent is required must file a
437	verified response setting forth a legal basis for contesting the
438	intended adoption plan, specifically addressing the best
439	interest of the child. Each notice of intended adoption plan
440	served upon an unmarried biological father must include
441	instructions as to the procedure the unmarried biological father
442	must follow to submit a claim of paternity form to the Office of
443	Vital Statistics and the address to which the registration must
444	be directed.
445	(b)  If the birth mother identifies a man who she believes
446	is the unmarried biological father of her child, the adoption
447	entity may provide a notice of intended adoption plan pursuant
448	to paragraph (a). If the mother identifies a potential unmarried
449	biological father whose location is unknown, the adoption entity
450	shall conduct a diligent search pursuant to s. 63.088. If, upon
451	completion of a diligent search, the potential unmarried
452	biological father's location remains unknown and a search of the
453	Florida Putative Father Registry fails to reveal a match, the
454	adoption entity shall request in the petition for termination of
455	parental rights pending adoption that the court declare the
456	diligent search to be in compliance with s. 63.088, and to
457	further declare that the adoption entity has shall have no
458	further obligation to provide notice to the potential unmarried
459	biological father, and that the potential unmarried biological
460	father's consent to the adoption is shall not be required.
461	(7)  If parental rights to the minor have previously been
462	terminated, the adoption entity with which the minor has been
463	placed for subsequent adoption may provide consent to the
464	adoption. In such case, no other consent is required. The
465	consent of the department shall be waived upon a determination
466	by the court that such consent is being unreasonably withheld
467	and if, provided that the petitioner has filed with the court a
468	favorable preliminary adoptive home study as required under s.
469	63.092 performed by a licensed child-placing agency, a child-
470	caring agency registered under s. 409.176, or a licensed
471	professional or agency described in s. 61.20(2).
472	(9)  A petition for termination of parental rights must
473	shall be filed in the appropriate county as determined under s.
474	63.087(2). If a the parent or parents whose consent is required
475	objects rights are to be terminated object to venue in the
476	county where the action was filed, the court may transfer venue
477	to a proper venue consistent with this chapter and chapter 47
478	the action to the county where the objecting parent or parents
479	reside, unless the objecting parent has previously executed a
480	waiver of venue.
481	Section 8.  Section 63.063, Florida Statutes, is amended to
482	read:
483	63.063  Responsibility of parents each party for their own
484	actions; fraud or misrepresentation; contesting termination of
485	parental rights and adoption statutory compliance.--
486	(1)  Each parent of a child conceived or born outside of
487	marriage is responsible for his or her own actions and is not
488	excused from strict compliance with the provisions of this
489	chapter based upon any action, statement, or omission of the
490	other parent or a third party, except as provided in s.
491	63.062(2)(a).
492	(2)  Any person injured by a fraudulent representation or
493	action in connection with an adoption may is entitled to pursue
494	civil or criminal penalties as provided by law. A fraudulent
495	representation is not a defense to compliance with the
496	requirements of this chapter and is not a basis for dismissing a
497	petition for termination of parental rights or a petition for
498	adoption, for vacating an adoption decree, or for granting
499	custody to the offended party. Custody and adoption
500	determinations must shall be based on the best interest of the
501	child in accordance with s. 61.13.
502	(3)  The Legislature finds no way to remove all risk of
503	fraud or misrepresentation in adoption proceedings and has
504	provided a method for absolute protection of an unmarried
505	biological father's rights through by compliance with the
506	provisions of this chapter. In balancing the rights and
507	interests of the state and of all parties affected by fraud,
508	including the child, the adoptive parents, and the unmarried
509	biological father, the Legislature has determined that the
510	unmarried biological father is in the best position to prevent
511	or ameliorate the effects of fraud and, therefore, has the
512	burden of preventing fraud.
513	(4)  The Legislature finds that an unmarried biological
514	father who resides in another state may not, in every
515	circumstance, be reasonably presumed to know of and comply with
516	the requirements of this chapter. Therefore, if all of the
517	following requirements have been met, an unmarried biological
518	father may contest a termination of parental rights or
519	subsequent adoption and, before prior to entry of the final
520	judgment of adoption, assert his interest in the child.
521	Following such assertion, the court may, in its discretion,
522	proceed with an evidentiary hearing if:
523	(a)  The unmarried biological father resides and has
524	resided in another state where the unmarried mother was also
525	located or resided.
526	(b)  The unmarried mother left that state without notifying
527	or informing the unmarried biological father that she could be
528	located in this the state of Florida.
529	(c)  The unmarried biological father has, through every
530	reasonable means, attempted to locate the mother but does not
531	know or have reason to know that the mother is residing in this
532	the state of Florida.
533	(d)  The unmarried biological father has substantially
534	complied with the requirements of the state where the mother
535	previously resided or was located in order to protect and
536	preserve his parental interest and rights with regard to the
537	child.
538	Section 9.  Paragraph (d) of subsection (1), paragraphs
539	(b), (c), and (e) of subsection (4), paragraphs (a), (b), and
540	(d) of subsection (6), and subsection (7) of section 63.082,
541	Florida Statutes, are amended to read:
542	63.082  Execution of consent to adoption or affidavit of
543	nonpaternity; family social and medical history; withdrawal of
544	consent.--
545	(1)
546	(d)  The notice and consent provisions of this chapter as
547	they relate to the birth of a child or to legal fathers do not
548	apply in cases in which the child is conceived as a result of a
549	violation of the criminal laws of this or another state,
550	including, but not limited to, sexual battery, unlawful sexual
551	activity with certain minors under s. 794.05, lewd acts
552	perpetrated upon a minor, or incest.
553	(4)
554	(b)  A consent to the adoption of a minor who is to be
555	placed for adoption may shall not be executed by the birth
556	mother sooner than 48 hours after the minor's birth or the day
557	the birth mother is has been notified in writing, either on her
558	patient chart or in release paperwork, that she is fit to be
559	released from the licensed hospital or birth center, whichever
560	is earlier. A consent by any man a biological father or legal
561	father may be executed at any time after the birth of the child.
562	The A consent executed under this paragraph is valid upon
563	execution and may be withdrawn only if the court finds that it
564	was obtained by fraud or duress.
565	(c)  If When the minor to be adopted is older than 6 months
566	of age at the time of the execution of the consent, the consent
567	to adoption is valid upon execution; however, it is subject to a
568	3-day revocation period of 3 business days or may be revoked at
569	any time prior to the placement of the minor with the
570	prospective adoptive parents, whichever is later. If a consent
571	has been executed, this subsection may not be construed to
572	provide a birth parent with more than 3 days to revoke the
573	consent once the child has been placed with the prospective
574	adoptive parents.
575	(e)  A consent to adoption being executed by the birth
576	parent must be in at least 12-point boldfaced type in
577	substantially the following form:
578
579	CONSENT TO ADOPTION
580
581	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
582	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
583	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
584	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
585	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
586	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
587	WITNESSES YOU SELECTED, IF ANY.
588
589	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
590	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
591	CONSENT:
592
593	1.  CONSULT WITH AN ATTORNEY;
594	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY
595	PROHIBITED;
596	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY
597	MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
598	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND
599	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO
600	YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
601
602	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
603	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
604	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
605	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
606	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
607	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
608	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
609	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
610	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
611	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
612	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
613	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
614	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
615	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
616	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
617	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
618	DURESS.
619
620	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
621	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
622
623	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU
624	WISH TO WITHDRAW YOUR CONSENT; AND
625	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
626	DURESS.
627
628	This statement of rights is not required for the adoption of a
629	relative, an adult, a stepchild, or a child older than 6 months
630	of age. A consent form for the adoption of a child older than 6
631	months of age at the time of the execution of consent must
632	contain a statement outlining the revocation rights provided in
633	paragraph (c).
634	(6)(a)  If a birth parent executes a consent for placement
635	of a minor with an adoption entity or qualified prospective
636	adoptive parents and the minor child is in the custody of the
637	department, but parental rights have not yet been terminated,
638	the adoption consent is shall be valid, binding, and enforceable
639	by the court.
640	(b)  Upon execution of the consent of the birth parent, the
641	adoption entity may shall be permitted to intervene in the
642	dependency case as a party in interest and must shall provide
643	the court having jurisdiction over the minor, pursuant to the
644	shelter or dependency petition filed by the department, with a
645	copy of the preliminary home study of the prospective adoptive
646	parents and any other evidence of the suitability of the
647	placement. The preliminary home study must shall be maintained
648	with strictest confidentiality within the dependency court file
649	and the department's file. A preliminary home study must be
650	provided to the court in all cases in which an adoption entity
651	has intervened pursuant to this section.
652	(d)  In determining whether the best interest of the child
653	is will be served by transferring the custody of the minor child
654	to the prospective adoptive parent selected by the birth parent,
655	the court shall consider give consideration to the rights of the
656	birth parent to determine an appropriate placement for the
657	child, the permanency offered, the child's bonding with any
658	potential adoptive home that the child has been residing in, and
659	the importance of maintaining sibling relationships, if
660	possible.
661	(7)  If a person is seeking to withdraw consent for a child
662	older than 6 months of age who has been placed with prospective
663	adoptive parents:
664	(a)  The person seeking to withdraw consent must, in
665	accordance with paragraph (4)(c), notify A consent that is being
666	withdrawn under paragraph (4)(c) may be withdrawn at any time
667	prior to the minor's placement with the prospective adoptive
668	parents or by notifying the adoption entity in writing by
669	certified United States mail, return receipt requested, within
670	not later than 3 business days after execution of the consent.
671	As used in this subsection, the term "business day" means any
672	day on which the United States Postal Service accepts certified
673	mail for delivery.
674	(b)  Upon receiving timely written notice from a person
675	whose consent to adoption is required of that person's desire to
676	withdraw consent to adoption, the adoption entity must contact
677	the prospective adoptive parent to arrange a time certain for
678	the adoption entity to regain physical custody of the minor,
679	unless, upon a motion for emergency hearing by the adoption
680	entity, the court determines in written findings that placement
681	of the minor with the person who had legal or physical custody
682	of the child immediately before the child was placed for
683	adoption withdrawing consent may endanger the minor, or that the
684	person who desires to withdraw consent is to the adoption would
685	not be required to consent to the adoption, or has been
686	determined to have abandoned the child, or is otherwise subject
687	to a determination that the person's consent is waived under
688	this chapter.
689	(c)  If the court finds that the such placement may
690	endanger the minor, the court shall must enter an order
691	continuing the regarding continued placement of the minor with
692	the prospective adoptive parents pending further proceedings if
693	they desire continued placement. If the prospective adoptive
694	parents do not desire continued placement, the order must shall
695	include, but need not be limited to, a determination of whether
696	temporary placement in foster care with the person who had legal
697	or physical custody of the child immediately before placing the
698	child for adoption or with a relative is in the best interest of
699	the child and is appropriate, whether an investigation by the
700	department is recommended, and whether a relative is available
701	for the temporary placement.
702	(d)  If the person withdrawing consent claims to be the
703	father of the minor but has not been established to be the
704	father by marriage, court order, or scientific testing, the
705	court may order scientific paternity testing and reserve ruling
706	on removal of the minor until the results of such testing have
707	been filed with the court.
708	(e)  The adoption entity must return the minor within 3
709	business days after timely and proper notification of the
710	withdrawal of consent or after the court determines that
711	withdrawal is valid and binding upon consideration of an
712	emergency motion, as filed pursuant to paragraph (b), to the
713	physical custody of the person withdrawing consent or the person
714	directed by the court. If the person seeking to validly withdraw
715	consent claims to be the father of the minor but has not been
716	established to be the father by marriage, court order, or
717	scientific testing, the adoption entity may return the minor to
718	the care and custody of the mother, if she desires such
719	placement, and she the mother is not otherwise prohibited by law
720	from having custody of the child.
721	(f)  Following the revocation period for withdrawal of
722	consent described in paragraph (a), or the placement of the
723	child with the prospective adoptive parents, whichever occurs
724	later, consent may be withdrawn only when the court finds that
725	the consent was obtained by fraud or duress.
726	(g)  An affidavit of nonpaternity may be withdrawn only if
727	the court finds that the affidavit was obtained by fraud or
728	duress.
729	Section 10.  Section 63.085, Florida Statutes, is amended
730	to read:
731	63.085  Disclosure by adoption entity.--
732	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
733	ADOPTIVE PARENTS.--Within Not later than 14 days after a person
734	seeking to adopt a minor or a person seeking to place a minor
735	for adoption contacts an adoption entity in person or provides
736	the adoption entity with a mailing address, the entity must
737	provide a written disclosure statement to that person if the
738	entity agrees or continues to work with the such person. The If
739	an adoption entity shall also provide the written disclosure to
740	the parent is assisting in the effort to terminate the parental
741	rights of a parent who did not initiate the contact with the
742	adoption entity, the written disclosure must be provided within
743	14 days after that parent is identified and located. For
744	purposes of providing the written disclosure, a person is
745	considered to be seeking to place a minor for adoption if when
746	that person has sought information or advice from the adoption
747	entity regarding the option of adoptive placement. The written
748	disclosure statement must be in substantially the following
749	form:
750
751	ADOPTION DISCLOSURE
752
753	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
754	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
755	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
756	ADOPTION UNDER FLORIDA LAW:
757
758	1.  The name, address, and telephone number of the adoption
759	entity providing this disclosure is:
760	Name:
761	Address:
762	Telephone Number:
763
764	2.  The adoption entity does not provide legal representation or
765	advice to birth parents or anyone signing a consent for adoption
766	or affidavit of nonpaternity, and birth parents have the right
767	to consult with an attorney of their own choosing to advise
768	them.
769	3.  With the exception of an adoption by a stepparent or
770	relative, a child cannot be placed into a prospective adoptive
771	home unless the prospective adoptive parents have received a
772	favorable preliminary home study, including criminal and child
773	abuse clearances.
774	4.  A valid consent for adoption may not be signed by the birth
775	mother until 48 hours after the birth of the child, or the day
776	the birth mother is notified, in writing, that she is fit for
777	discharge from the licensed hospital or birth center. Any man A
778	putative father may sign a valid consent for adoption at any
779	time after the birth of the child.
780	5.  A consent for adoption signed before the child attains the
781	age of 6 months is binding and irrevocable from the moment it is
782	signed unless it can be proven in court that the consent was
783	obtained by fraud or duress. A consent for adoption signed after
784	the child attains the age of 6 months is valid from the moment
785	it is signed; however, it may be revoked until the child is
786	placed in an adoptive home, or up to 3 days after it was signed,
787	whichever period is longer.
788	6.  A consent for adoption is not valid if the signature of the
789	person who signed the consent was obtained by fraud or duress.
790	7.  An unmarried biological father must act immediately in order
791	to protect his parental rights. Section 63.062, Florida
792	Statutes, prescribes that any father seeking to establish his
793	right to consent to the adoption of his child must file a claim
794	of paternity with the Florida Putative Father Registry
795	maintained by the Office of Vital Statistics of the Department
796	of Health by the date a petition to terminate parental rights is
797	filed with the court, or within 30 days after receiving service
798	of a Notice of Intended Adoption Plan. If he receives a Notice
799	of Intended Adoption Plan, he must file a claim of paternity
800	with the Florida Putative Father Registry, file a parenting plan
801	with the court, and provide financial support to the mother or
802	child within 30 days following service. An unmarried biological
803	father's failure to timely respond to a Notice of Intended
804	Adoption Plan constitutes an irrevocable legal waiver of any and
805	all rights that the father may have to the child. A claim of
806	paternity registration form for the Florida Putative Father
807	Registry may be obtained from any local office of the Department
808	of Health, Office of Vital Statistics, the Department of
809	Children and Families, the Internet websites for these agencies,
810	and the offices of the clerks of the Florida circuit courts. The
811	claim of paternity form must be submitted to the Office of Vital
812	Statistics, Attention: Adoption Unit, P.O. Box 210,
813	Jacksonville, FL 32231.
814	8.7.  There are alternatives to adoption, including foster care,
815	relative care, and parenting the child. There may be services
816	and sources of financial assistance in the community available
817	to birth parents if they choose to parent the child.
818	9.8.  A birth parent has the right to have a witness of his or
819	her choice, who is unconnected with the adoption entity or the
820	adoptive parents, to be present and witness the signing of the
821	consent or affidavit of nonpaternity.
822	10.9.  A birth parent 14 years of age or younger must have a
823	parent, legal guardian, or court-appointed guardian ad litem to
824	assist and advise the birth parent as to the adoption plan.
825	11.10.  A birth parent has a right to receive supportive
826	counseling from a counselor, social worker, physician, clergy,
827	or attorney, and such counseling would be beneficial to the
828	birth parent.
829	12.11.  The payment of living or medical expenses by the
830	prospective adoptive parents before prior to the birth of the
831	child does not, in any way, obligate the birth parent to sign
832	the consent for adoption.
833	(2)  DISCLOSURE TO ADOPTIVE PARENTS.--
834	(a)  At the time that an adoption entity is responsible for
835	selecting prospective adoptive parents for a born or unborn
836	child whose parents are seeking to place the child for adoption
837	or whose rights were terminated pursuant to chapter 39, the
838	adoption entity must provide the prospective adoptive parents
839	with information concerning the background of the child to the
840	extent such information is disclosed to the adoption entity by
841	the parents, legal custodian, or the department. This subsection
842	applies only if the adoption entity identifies the prospective
843	adoptive parents and supervises the physical placement of the
844	child in the prospective adoptive parents' home. If any
845	information cannot be disclosed because the records custodian
846	failed or refused to produce the background information, the
847	adoption entity has a duty to provide the information if it
848	becomes available. An individual or entity contacted by an
849	adoption entity to obtain the background information must
850	release the requested information to the adoption entity without
851	the necessity of a subpoena or a court order. In all cases, the
852	prospective adoptive parents must receive all available
853	information by the date of the final hearing on the petition for
854	adoption. The information to be disclosed includes:
855	1.  A family social and medical history form completed
856	pursuant to s. 63.162(6).
857	2.  The biological mother's medical records documenting her
858	prenatal care and the birth and delivery of the child.
859	3.  A complete set of the child's medical records
860	documenting all medical treatment and care since the child's
861	birth and before placement.
862	4.  All mental health, psychological, and psychiatric
863	records, reports, and evaluations concerning the child before
864	placement.
865	5.  The child's educational records, including all records
866	concerning any special education needs of the child before
867	placement.
868	6.  Records documenting all incidents that required the
869	department to provide services to the child, including all
870	orders of adjudication of dependency or termination of parental
871	rights issued pursuant to chapter 39, any case plans drafted to
872	address the child's needs, all protective services
873	investigations identifying the child as a victim, and all
874	guardian ad litem reports filed with the court concerning the
875	child.
876	7.  Written information concerning the availability of
877	adoption subsidies for the child, if applicable.
878	(b)  When disclosing information pursuant to this
879	subsection, the adoption entity must redact any confidential
880	identifying information concerning the child's parents,
881	siblings, and relatives, and perpetrators of crimes against the
882	child or involving the child.
883	(3)(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
884	must obtain a written statement acknowledging receipt of the
885	disclosures disclosure required under subsections subsection (1)
886	and (2) and signed by the persons receiving the disclosure or,
887	if it is not possible to obtain such an acknowledgment, the
888	adoption entity must execute an affidavit stating why an
889	acknowledgment could not be obtained. If the disclosure was
890	delivered by certified United States mail, return receipt
891	requested, a return receipt signed by the person from whom
892	acknowledgment is required is sufficient to meet the
893	requirements of this subsection. A copy of the acknowledgment of
894	receipt of the disclosure must be provided to the person signing
895	it. A copy of the acknowledgment or affidavit executed by the
896	adoption entity in lieu of the acknowledgment must be maintained
897	in the file of the adoption entity. The original acknowledgment
898	or affidavit must be filed with the court.
899	(4)(3)  REVOCATION OF CONSENT.--Failure to meet the
900	requirements of this section subsection (1) or subsection (2)
901	does not constitute grounds for revocation of a consent to
902	adoption or withdrawal of an affidavit of nonpaternity unless
903	the extent and circumstances of such a failure result in a
904	material failure of fundamental fairness in the administration
905	of due process, or the failure constitutes or contributes
906	materially to fraud or duress in obtaining a consent to adoption
907	or affidavit of nonpaternity.
908	Section 11.  Subsections (2), (3), and (6) of section
909	63.087, Florida Statutes, are amended to read:
910	63.087  Proceeding to terminate parental rights pending
911	adoption; general provisions.--
912	(2)  VENUE.--
913	(a)  A petition to terminate parental rights pending
914	adoption must be filed:
915	1.  In the county where the child resides; or
916	2.  If the child does not reside in the State of Florida,
917	In the county where the adoption entity is located;
918	3.  In the county where the adoption entity is located; or
919	4.  If neither parent resides in the state, in the county
920	where the adoption entity is located. The fact of the minor's
921	presence within the state confers jurisdiction on the court in
922	proceedings in the minor's case under this chapter, or to a
923	parent or guardian if due notice has been given.
924	(b)  If a petition for termination of parental rights has
925	been filed and a parent whose consent is required rights are to
926	be terminated objects to venue, there must be a hearing in which
927	the court shall determine whether that parent intends to assert
928	legally recognized grounds to contest a termination of parental
929	rights and, if so, the court may shall immediately transfer
930	venue to a proper venue under this subsection the county where
931	that parent resides or resided at the time of the execution of
932	the consent. For purposes of selecting venue, the court shall
933	consider the ease of access to the court for the parent and the
934	factors set forth in s. 47.122 who intends to contest a
935	termination of parental rights.
936	(c)  If there is a transfer of venue, the court may
937	determine which party shall bear the cost of venue transfer.
938
939	For purposes of the hearing under this subsection, witnesses
940	located in another jurisdiction may testify by deposition or
941	testify by telephone, audiovisual means, or other electronic
942	means before a designated court or at another location.
943	Documentary evidence transmitted from another location by
944	technological means that do not produce an original writing may
945	not be excluded from evidence on an objection based on the means
946	of transmission. The court on its own motion may otherwise
947	prescribe the manner in which and the terms upon which the
948	testimony is taken.
949	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
950	may not be filed until after the date the court enters the
951	judgment terminating parental rights pending adoption under this
952	chapter or under chapter 39. Adoptions of relatives, adult
953	adoptions, or adoptions of stepchildren are shall not be
954	required to file a separate termination of parental rights
955	proceeding pending adoption. In such cases, the petitioner may
956	file a joint petition for termination of parental rights and
957	adoption, attaching all required consents, affidavits, notices,
958	and acknowledgments shall be attached to the petition for
959	adoption or filed separately in the adoption proceeding. Unless
960	otherwise provided by law, this chapter applies to joint
961	petitions.
962	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
963	petition or any pleading requiring an answer must shall be filed
964	in accordance with the Florida Family Law Rules of Civil
965	Procedure. Failure to file a written response or to appear at
966	the hearing on the petition constitutes grounds upon which the
967	court may terminate parental rights. Failure to appear at the
968	hearing constitutes grounds upon which the court may terminate
969	parental rights. The petitioner shall provide notice of the
970	final hearing by United States mail to any person who has been
971	served with the summons and petition for termination of parental
972	rights within the specified time periods. Notwithstanding the
973	filing of any answer or any pleading, Any person present at the
974	hearing to terminate parental rights pending adoption whose
975	consent to adoption is required under s. 63.062 must:
976	(a)  Be advised by the court that he or she has a right to
977	ask that the hearing be reset for a later date so that the
978	person may consult with an attorney; and
979	(b)  Be given an opportunity to admit or deny the
980	allegations in the petition.
981	Section 12.  Subsections (1), (3), (4), and (5) of section
982	63.088, Florida Statutes, are amended to read:
983	63.088  Proceeding to terminate parental rights pending
984	adoption; notice and service; diligent search.--
985	(1)  NOTICE REQUIRED.--An unmarried biological father, by
986	virtue of the fact that he has engaged in a sexual relationship
987	with a woman, is deemed to be on notice that a pregnancy and an
988	adoption proceeding regarding that child may occur and that he
989	has a duty to protect his own rights and interest. He is,
990	therefore, entitled to notice of a birth or adoption proceeding
991	with regard to that child only as provided in this chapter. If a
992	mother fails to identify an unmarried biological father to the
993	adoption entity by the date she signs her consent for adoption,
994	the unmarried biological father's claim that he did not receive
995	actual notice of the adoption proceeding is not a defense to the
996	termination of his parental rights.
997	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
998	determine that a minor is available for adoption, and in
999	addition to the other requirements set forth in this chapter,
1000	each person whose consent is required under s. 63.062, who has
1001	not executed a consent for adoption or an affidavit of
1002	nonpaternity, and whose location and identity have been
1003	determined by compliance with the procedures in this section
1004	must be personally served, pursuant to chapter 48, at least 20
1005	days before the hearing with a copy of the petition to terminate
1006	parental rights pending adoption and with notice in
1007	substantially the following form:
1008
1009	NOTICE OF PETITION AND HEARING
1010	TO TERMINATE PARENTAL RIGHTS
1011	PENDING ADOPTION
1012
1013	A petition to terminate parental rights pending adoption has
1014	been filed. A copy of the petition is being served with this
1015	notice. There will be a hearing on the petition to terminate
1016	parental rights pending adoption on   (date)   at   (time)
1017	before   (judge)   at   (location, including complete name and
1018	street address of the courthouse)  . The court has set aside
1019	(amount of time)   for this hearing.
1020
1021	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A
1022	WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT
1023	AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH
1024	THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT
1025	REGARDING THE MINOR CHILD.
1026	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1027	63.087, the court shall must conduct an inquiry of the person
1028	who is placing the minor for adoption and of any relative or
1029	person having legal custody of the minor who is present at the
1030	hearing and likely to have the following information regarding
1031	the identity of:
1032	(a)  Any person to whom the mother of the minor was married
1033	at any time when conception of the minor may have occurred or at
1034	the time of the birth of the minor;
1035	(b)  Any man who has filed an affidavit of paternity
1036	pursuant to s. 382.013(2)(c) before the date that a petition for
1037	termination of parental rights is filed with the court person
1038	who has been declared by a court to be the father of the minor;
1039	(c)  Any man who has adopted the minor;
1040	(d)  Any man who has been adjudicated by a court as the
1041	father of the minor child before the date a petition for
1042	termination of parental rights is filed with the court with whom
1043	the mother was cohabiting at any time when conception of the
1044	minor may have occurred; and
1045	(e)  Any man whom the mother identified to the adoption
1046	entity as a potential biological father before the date she
1047	signed the consent for adoption person who has acknowledged or
1048	claimed paternity of the minor.
1049
1050	The information sought required under this subsection may be
1051	provided to the court in the form of a sworn affidavit by a
1052	person having personal knowledge of the facts, addressing each
1053	inquiry enumerated in this subsection, except that, if the
1054	inquiry identifies a father under paragraph (a), paragraph (b),
1055	or paragraph (c), the inquiry may shall not continue further.
1056	The inquiry required under this subsection may be conducted
1057	before the birth of the minor.
1058	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1059	the court under subsection (4) identifies any person whose
1060	consent to adoption is required under s. 63.062 and who has not
1061	executed a consent to adoption or an affidavit of nonpaternity,
1062	and the location of the person from whom consent is required is
1063	unknown, the adoption entity must conduct a diligent search for
1064	that person which must include inquiries concerning:
1065	(a)  The person's current address, or any previous address,
1066	through an inquiry of the United States Postal Service through
1067	the Freedom of Information Act;
1068	(b)  The last known employment of the person, including the
1069	name and address of the person's employer;
1070	(c)  Regulatory agencies, including those regulating
1071	licensing in the area where the person last resided;
1072	(c)(d)  Names and addresses of relatives to the extent they
1073	such can be reasonably obtained from the petitioner or other
1074	sources, contacts with those relatives, and inquiry as to the
1075	person's last known address. The petitioner must shall pursue
1076	any leads to of any addresses where to which the person may have
1077	moved;
1078	(d)(e)  Information as to whether or not the person may
1079	have died and, if so, the date and location;
1080	(e)(f)  Telephone listings in the area where the person
1081	last resided;
1082	(f)(g)  Inquiries of law enforcement agencies in the area
1083	where the person last resided;
1084	(g)(h)  Highway patrol records in the state where the
1085	person last resided;
1086	(h)(i)  Department of Corrections records in the state
1087	where the person last resided;
1088	(i)(j)  Hospitals in the area where the person last
1089	resided;
1090	(j)(k)  Records of utility companies, including water,
1091	sewer, cable television, and electric companies, in the area
1092	where the person last resided;
1093	(k)(l)  Records of the Armed Forces of the United States as
1094	to whether there is any information as to the person;
1095	(l)(m)  Records of the tax assessor and tax collector in
1096	the area where the person last resided; and
1097	(m)(n)  Search of one Internet databank locator service.
1098
1099	A person contacted by a petitioner or adoption entity requesting
1100	information under this subsection must release the requested
1101	information to the petitioner or adoption entity without the
1102	necessity of a subpoena or a court order, except when prohibited
1103	by law. An affidavit of diligent search conducted in accordance
1104	with this section executed by the petitioner and the adoption
1105	entity must be filed with the court confirming completion of
1106	each aspect of the diligent search enumerated in this subsection
1107	and specifying the results. The diligent search required under
1108	this subsection may be conducted before the birth of the minor.
1109	A judgment terminating parental rights and approving a diligent
1110	search that fails to locate a person is valid and is not subject
1111	to direct or collateral attack because the mother failed or
1112	refused to provide the adoption entity with sufficient
1113	information to locate the person.
1114	Section 13.  Subsections (2), (3), (4), and (6), paragraph
1115	(a) of subsection (7), and subsection (8) of section 63.089,
1116	Florida Statutes, are amended to read:
1117	63.089  Proceeding to terminate parental rights pending
1118	adoption; hearing; grounds; dismissal of petition; judgment.--
1119	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1120	only when:
1121	(a)  For each person whose consent to adoption is required
1122	under s. 63.062:
1123	1.  A consent under s. 63.082 has been executed and filed
1124	with the court;
1125	2.  An affidavit of nonpaternity under s. 63.082 has been
1126	executed and filed with the court;
1127	3.  Notice has been provided under ss. 63.087 and 63.088;
1128	or
1129	4.  The certificate from the Office of Vital Statistics has
1130	been provided to the court stating that a diligent search has
1131	been made of the Florida Putative Father Registry created in s.
1132	63.054 and that no filing has been found pertaining to the
1133	father of the child in question or, if a filing is found,
1134	stating the name of the putative father and the time and date of
1135	the filing.
1136	(b)  For each notice and petition that must be served under
1137	ss. 63.087 and 63.088:
1138	1.  At least 20 days have elapsed since the date of
1139	personal service and an affidavit of service has been filed with
1140	the court;
1141	2.  At least 30 days have elapsed since the first date of
1142	publication of constructive service and an affidavit of service
1143	has been filed with the court; or
1144	3.  An affidavit of nonpaternity, consent for adoption, or
1145	other document that which affirmatively waives service has been
1146	executed and filed with the court.;
1147	(c)  The minor named in the petition has been born.; and
1148	(d)  The petition contains all information required under
1149	s. 63.087 and all affidavits of inquiry, diligent search, and
1150	service required under s. 63.088 have been obtained and filed
1151	with the court.
1152	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1153	ADOPTION.--The court may enter a judgment terminating parental
1154	rights pending adoption if the court determines by clear and
1155	convincing evidence, supported by written findings of fact, that
1156	each person whose consent to adoption is required under s.
1157	63.062:
1158	(a)  Has executed a valid consent under s. 63.082 and the
1159	consent was obtained according to the requirements of this
1160	chapter;
1161	(b)  Has executed an affidavit of nonpaternity and the
1162	affidavit was obtained according to the requirements of this
1163	chapter;
1164	(c)  Has been served with a notice of the intended adoption
1165	plan in accordance with the provisions of s. 63.062(3) and has
1166	failed to respond within the designated time period;
1167	(d)  Has been properly served notice of the proceeding in
1168	accordance with the requirements of this chapter and has failed
1169	to file a written answer or appear at the evidentiary hearing
1170	resulting in the judgment terminating parental rights pending
1171	adoption;
1172	(e)  Has been properly served notice of the proceeding in
1173	accordance with the requirements of this chapter and has been
1174	determined under subsection (4) to have abandoned the minor as
1175	defined in s. 63.032;
1176	(f)  Is a parent of the person to be adopted, which parent
1177	has been judicially declared incapacitated with restoration of
1178	competency found to be medically improbable;
1179	(g)  Is a person who has legal custody of the person to be
1180	adopted, other than a parent, who has failed to respond in
1181	writing to a request for consent for a period of 60 days or,
1182	after examination of his or her written reasons for withholding
1183	consent, is found by the court to be withholding his or her
1184	consent unreasonably;
1185	(h)  Has been properly served notice of the proceeding in
1186	accordance with the requirements of this chapter, but has been
1187	found by the court, after examining written reasons for the
1188	withholding of consent, to be unreasonably withholding his or
1189	her consent; or
1190	(i)  Is the spouse of the person to be adopted who has
1191	failed to consent, and the failure of the spouse to consent to
1192	the adoption is excused by reason of prolonged and unexplained
1193	absence, unavailability, incapacity, or circumstances that are
1194	found by the court to constitute unreasonable withholding of
1195	consent.
1196	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1197	resulting in a termination of parental rights must be based upon
1198	clear and convincing evidence that a parent or person having
1199	legal custody has abandoned the child in accordance with the
1200	definition contained in s. 63.032 s. 63.032(1). A finding of
1201	abandonment may also be based upon emotional abuse or a refusal
1202	to provide reasonable financial support, when able, to a birth
1203	mother during her pregnancy. If, in the opinion of the court,
1204	the efforts of a parent or person having legal custody of the
1205	child to support and communicate with the child are only
1206	marginal efforts that do not evince a settled purpose to assume
1207	all parental duties, the court may declare the child to be
1208	abandoned. In making this decision, the court may consider the
1209	conduct of a father toward the child's mother during her
1210	pregnancy.
1211	(a)  In making a determination of abandonment at a hearing
1212	for termination of parental rights under pursuant to this
1213	chapter, the court shall must consider, among other relevant
1214	factors not inconsistent with this section:
1215	1.  Whether the actions alleged to constitute abandonment
1216	demonstrate a willful disregard for the safety or welfare of the
1217	child or the unborn child;
1218	2.  Whether the person alleged to have abandoned the child,
1219	while being able, failed to provide financial support;
1220	3.  Whether the person alleged to have abandoned the child,
1221	while being able, failed to pay for medical treatment; and
1222	4.  Whether the amount of support provided or medical
1223	expenses paid was appropriate, taking into consideration the
1224	needs of the child and relative means and resources available to
1225	the person alleged to have abandoned the child.
1226	(b)  The child has been abandoned when the parent of a
1227	child is incarcerated on or after October 1, 2001, in a federal,
1228	state, or county federal correctional institution and:
1229	1.  The period of time for which the parent has been or is
1230	expected to be incarcerated will constitute a significant
1231	substantial portion of the child's minority. In determining
1232	whether the period of time is significant, the court shall
1233	consider the child's age and the child's need for a permanent
1234	and stable home. The period of time begins on the date that the
1235	parent enters into incarceration period of time before the child
1236	will attain the age of 18 years;
1237	2.  The incarcerated parent has been determined by a the
1238	court of competent jurisdiction to be a violent career criminal
1239	as defined in s. 775.084, a habitual violent felony offender as
1240	defined in s. 775.084, convicted of child abuse as defined in s.
1241	827.03, or a sexual predator as defined in s. 775.21; has been
1242	convicted of first degree or second degree murder in violation
1243	of s. 782.04 or a sexual battery that constitutes a capital,
1244	life, or first degree felony violation of s. 794.011; or has
1245	been convicted of a substantially similar an offense in another
1246	jurisdiction which is substantially similar to one of the
1247	offenses listed in this subparagraph. As used in this section,
1248	the term "substantially similar offense" means any offense that
1249	is substantially similar in elements and penalties to one of
1250	those listed in this subparagraph, and that is in violation of a
1251	law of any other jurisdiction, whether that of another state,
1252	the District of Columbia, the United States or any possession or
1253	territory thereof, or any foreign jurisdiction; or
1254	3.  The court determines by clear and convincing evidence
1255	that continuing the parental relationship with the incarcerated
1256	parent would be harmful to the child and, for this reason, that
1257	termination of the parental rights of the incarcerated parent is
1258	in the best interest of the child.
1259	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1260	ADOPTION.--
1261	(a)  The judgment terminating parental rights pending
1262	adoption must be in writing and contain findings of fact as to
1263	the grounds for terminating parental rights pending adoption.
1264	(b)  Within 7 days after filing, the court shall mail a
1265	copy of the judgment to the department. The clerk shall execute
1266	a certificate of the such mailing.
1267	(c)  The judgment terminating parental rights pending
1268	adoption legally frees the child for subsequent adoption,
1269	adjudicates the child's status, and may not be challenged by a
1270	person claiming parental status who did not establish parental
1271	rights before the filing of the petition for termination, except
1272	as specifically provided in this chapter.
1273	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1274	(a)  A motion for relief from a judgment terminating
1275	parental rights must be filed with the court originally entering
1276	the judgment. The motion must be filed within a reasonable time,
1277	but not later than 1 year after the entry of the judgment
1278	terminating parental rights. An unmarried biological father does
1279	not have standing to seek relief from a judgment terminating
1280	parental rights if the mother did not identify him to the
1281	adoption entity before the date she signed a consent for
1282	adoption or if he was not located because the mother failed or
1283	refused to provide sufficient information to locate him.
1284	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1285	records pertaining to a petition to terminate parental rights
1286	pending adoption are related to the subsequent adoption of the
1287	minor and are subject to the provisions of s. 63.162. An
1288	unmarried biological father does not have standing to seek the
1289	court case number or access the court file if the mother did not
1290	identify him to the adoption entity before the date she signed
1291	the consent for adoption. The confidentiality provisions of this
1292	chapter do not apply to the extent information regarding persons
1293	or proceedings is must be made available as specified under s.
1294	63.088.
1295	Section 14.  Subsection (1) of section 63.092, Florida
1296	Statutes, is amended to read:
1297	63.092  Report to the court of intended placement by an
1298	adoption entity; at-risk placement; preliminary study.--
1299	(1)  REPORT TO THE COURT.--The adoption entity must report
1300	any intended placement of a minor for adoption with any person
1301	who is not a relative or a stepparent if the adoption entity has
1302	knowledge of, or participates in the, such intended placement.
1303	The report must be made to the court before the minor is placed
1304	in the home or within 2 business days 48 hours thereafter.
1305	Section 15.  Subsections (1) and (2) of section 63.102,
1306	Florida Statutes, are amended to read:
1307	63.102  Filing of petition for adoption or declaratory
1308	statement; venue; proceeding for approval of fees and costs.--
1309	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1310	not be filed until after the entry of the judgment or decree
1311	terminating parental rights pending adoption under this chapter,
1312	unless the adoptee is an adult or, the petitioner is a
1313	stepparent or a relative, or the minor has been the subject of a
1314	judgment terminating parental rights under chapter 39. After a
1315	judgment terminating parental rights has been entered, a
1316	proceeding for adoption may be commenced by filing a petition
1317	entitled, "In the Matter of the Adoption of _____" in the
1318	circuit court. The person to be adopted shall be designated in
1319	the caption in the name by which he or she is to be known if the
1320	petition is granted. Except for a joint petition for the
1321	adoption of a stepchild, a relative, or an adult, any name by
1322	which the minor was previously known may not be disclosed in the
1323	petition, the notice of hearing, or the judgment of adoption, or
1324	the court docket as provided in s. 63.162(3).
1325	(2)  VENUE.--A petition for adoption or for a declaratory
1326	statement as to the adoption contract must shall be filed in the
1327	county where the petition for termination of parental rights was
1328	filed or granted, unless the court, in accordance with s.
1329	47.122, changes the venue to the county where the petitioner or
1330	petitioners or the minor resides or where the adoption entity
1331	with which the minor has been placed is located. The circuit
1332	court in this state shall must retain jurisdiction over the
1333	matter until a final judgment is entered on the adoption, either
1334	within or outside the state. The Uniform Child Custody
1335	Jurisdiction and Enforcement Act does not apply until a final
1336	judgment is entered on the adoption.
1337	Section 16.  Subsection (3) of section 63.122, Florida
1338	Statutes, is amended to read:
1339	63.122  Notice of hearing on petition.--
1340	(3)  Upon a showing by the petitioner or parent that the
1341	privacy, safety, or and welfare of the petitioner, parent, or
1342	minor may be endangered, the court may order that the names of
1343	the petitioner, parent, or minor, or all both, to be deleted
1344	from the notice of hearing and from the copy of the petition
1345	attached thereto if, provided the substantive rights of any
1346	person are will not thereby be affected.
1347	Section 17.  Subsection (4) of section 63.132, Florida
1348	Statutes, is amended to read:
1349	63.132  Affidavit of expenses and receipts.--
1350	(4)  This section does not apply to an adoption by a
1351	stepparent or an adoption of a relative or adult, the
1352	finalization of an adoption of a minor if the parental rights
1353	were terminated under chapter 39, or the domestication of an
1354	adoption decree of a minor child adopted in a foreign country.
1355	Section 18.  Section 63.135, Florida Statutes, is amended
1356	to read:
1357	63.135  Information under oath to be submitted to the
1358	court.--
1359	(1)  The adoption entity or petitioner must file an
1360	affidavit under the Uniform Child Custody Jurisdiction and
1361	Enforcement Act in the termination of parental rights Each party
1362	in an adoption proceeding, in the first pleading or in an
1363	affidavit attached to that pleading, shall give information
1364	under oath as to the child's present address, the places where
1365	the child has lived within the last 5 years, and the names and
1366	present addresses of the persons with whom the child has lived
1367	during that period. In the pleading or affidavit each party
1368	shall further declare under oath whether:
1369	(a)  The party has participated as a party or witness or in
1370	any other capacity in any other litigation concerning the
1371	custody of the same child in this or any other state;
1372	(b)  The party has information of any custody proceeding
1373	concerning the child pending in a court of this or any other
1374	state; and
1375	(c)  The party knows of any person not a party to the
1376	proceedings who has physical custody of the child or claims to
1377	have custody or visitation rights with respect to the child.
1378	(2)  If the declaration as to any item specified in
1379	subsection (1) is in the affirmative, the declarant shall give
1380	additional information under oath as required by the court. The
1381	court may examine the parties under oath about details of the
1382	information furnished and other matters pertinent to the court's
1383	jurisdiction and judgment of adoption.
1384	(2)(3)  Each party has a continuing duty to inform the
1385	court of any custody proceeding concerning the child in this or
1386	any other state about which he or she obtained information
1387	during this proceeding.
1388	Section 19.  Subsections (3) and (4) of section 63.142,
1389	Florida Statutes, are amended to read:
1390	63.142  Hearing; judgment of adoption.--
1391	(3)  DISMISSAL.--
1392	(a)  If the petition is dismissed, further proceedings, if
1393	any, regarding the minor must be brought in a separate custody
1394	action under chapter 61, a dependency action under chapter 39,
1395	or a paternity action under chapter 742 the court shall
1396	determine the person that is to have custody of the minor.
1397	(b)  If the petition is dismissed, the court shall state
1398	with specificity the reasons for the dismissal.
1399	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1400	court determines that the date for a parent to file an appeal of
1401	a valid judgment terminating that parent's parental rights has
1402	passed and no appeal, pursuant to the Florida Rules of Appellate
1403	Procedure, is pending and that the adoption is in the best
1404	interest of the person to be adopted, a judgment of adoption
1405	shall be entered. A judgment terminating parental rights pending
1406	adoption is voidable and any later judgment of adoption of that
1407	minor is voidable if, upon a parent's motion for relief from
1408	judgment, the court finds that the adoption substantially fails
1409	to meet the requirements of this chapter. The motion must be
1410	filed within a reasonable time, but not later than 1 year after
1411	the date the judgment terminating parental rights was entered.
1412	Section 20.  Section 63.192, Florida Statutes, is amended
1413	to read:
1414	63.192  Recognition of foreign judgment or decree affecting
1415	adoption.--A judgment of court terminating the relationship of
1416	parent and child or establishing the relationship by adoption,
1417	or a decree granting legal guardianship for purposes of
1418	adoption, issued pursuant to due process of law by a court or
1419	authorized body of any other jurisdiction within or without the
1420	United States shall be recognized in this state, and the rights
1421	and obligations of the parties on matters within the
1422	jurisdiction of this state shall be determined as though the
1423	judgment or decree were issued by a court of this state. A
1424	judgment or decree of a court or authorized body terminating the
1425	relationship of a parent and child, whether independent,
1426	incorporated in an adoption decree, or incorporated in a legal
1427	guardianship order issued pursuant to due process of law of any
1428	other jurisdiction within or without the United States, shall be
1429	deemed to effectively terminate parental rights for purposes of
1430	a proceeding on a petition for adoption in this state. If a
1431	minor child has been made available for adoption in a foreign
1432	state or foreign country and the parental rights of the minor
1433	child's parent have been terminated or the child has been
1434	declared to be abandoned or orphaned, no additional termination
1435	of parental rights proceeding need occur, and the adoption may
1436	be finalized according to the procedures set forth in this
1437	chapter.
1438	Section 21.  Subsection (2) of section 63.212, Florida
1439	Statutes, is amended to read:
1440	63.212  Prohibited acts; penalties for violation.--
1441	(2)(a)  It is unlawful for:
1442	(a)  Any person or adoption entity under this chapter to:
1443	1.  Knowingly provide false information; or
1444	2.  Knowingly withhold material information.
1445	(b)  It is unlawful for A parent, with the intent to
1446	defraud, to accept benefits related to the same pregnancy from
1447	more than one adoption entity without disclosing that fact to
1448	each entity.
1449	(c)  It is unlawful for any person who knows that the
1450	parent whose rights are to be terminated intends to object to
1451	said termination to intentionally file the petition for
1452	termination of parental rights in a county inconsistent with the
1453	required venue under such circumstances.
1454
1455	Any person who willfully violates any provision of this
1456	subsection commits a misdemeanor of the second degree,
1457	punishable as provided in s. 775.082 or s. 775.083. In addition,
1458	the such person is liable for damages caused by such acts or
1459	omissions, including reasonable attorney's fees and costs.
1460	Damages may be awarded through restitution in any related
1461	criminal prosecution or by filing a separate civil action.
1462	Section 22.  Section 63.236, Florida Statutes, is created
1463	to read:
1464	63.236  Petitions filed before July 1, 2009; governing
1465	law.--A petition for termination of parental rights filed before
1466	July 1, 2009, is governed by the law in effect at the time the
1467	petition was filed.
1468	Section 23.  Section 742.021, Florida Statutes, is amended
1469	to read:
1470	742.021  Venue, process, complaint.--
1471	(1)  The proceedings must shall be in the circuit court of
1472	the county where the plaintiff resides or of the county where
1473	the defendant resides.
1474	(2)  The complaint shall assert aver sufficient facts
1475	charging the paternity of the child. Upon filing of a complaint
1476	seeking to determine paternity, the clerk of court shall issue a
1477	notice to each petitioner and to each respondent or defendant
1478	along with service of the petition. The notice must be in
1479	substantially the following form:
1480
1481	In order to preserve the right to notice and consent
1482	to the adoption of the child, an unmarried biological
1483	father must, as the "registrant," file a notarized
1484	claim of paternity form with the Florida Putative
1485	Father Registry maintained by the Office of Vital
1486	Statistics of the Department of Health which includes
1487	confirmation of his willingness and intent to support
1488	the child for whom paternity is claimed in accordance
1489	with state law. The claim of paternity may be filed at
1490	any time before the child's birth, but a claim of
1491	paternity may not be filed after the date a petition
1492	is filed for termination of parental rights.
1493
1494	(3)  Process served on directed to the defendant must
1495	require shall issue forthwith requiring the defendant to file
1496	written defenses to the complaint in the same manner as suits in
1497	chancery. Upon application and proof under oath, the court may
1498	issue a writ of ne exeat against the defendant on such terms and
1499	conditions and conditioned upon bond in such amount as the court
1500	may determine.
1501	Section 24.  Subsection (1) of section 742.10, Florida
1502	Statutes, is amended to read:
1503	742.10  Establishment of paternity for children born out of
1504	wedlock.--
1505	(1)  Except as provided in chapters 39 and 63, this chapter
1506	provides the primary jurisdiction and procedures for the
1507	determination of paternity for children born out of wedlock. If
1508	When the establishment of paternity has been raised and
1509	determined within an adjudicatory hearing brought under the
1510	statutes governing inheritance, or dependency under workers'
1511	compensation or similar compensation programs; if, or when an
1512	affidavit acknowledging paternity or a stipulation of paternity
1513	is executed by both parties and filed with the clerk of the
1514	court; if, or when an affidavit, a notarized voluntary
1515	acknowledgment of paternity, or a voluntary acknowledgment of
1516	paternity that is witnessed by two individuals and signed under
1517	penalty of perjury as provided for in s. 382.013 or s. 382.016
1518	is executed by both parties;, or if when paternity is
1519	adjudicated by the Department of Revenue as provided in s.
1520	409.256, such adjudication, affidavit, or acknowledgment
1521	constitutes the establishment of paternity for purposes of this
1522	chapter. If an no adjudicatory proceeding was not held, a
1523	notarized voluntary acknowledgment of paternity or voluntary
1524	acknowledgment of paternity, which that is witnessed by two
1525	individuals and signed under penalty of perjury as specified by
1526	s. 92.525(2), creates shall create a rebuttable presumption, as
1527	defined by s. 90.304, of paternity and is subject to the right
1528	of any signatory to rescind the acknowledgment within 60 days
1529	after the date the acknowledgment was signed or the date of an
1530	administrative or judicial proceeding relating to the child,
1531	including a proceeding to establish a support order, in which
1532	the signatory is a party, whichever is earlier. Both parents
1533	must provide their social security numbers on any acknowledgment
1534	of paternity, consent affidavit, or stipulation of paternity.
1535	Except for affidavits under seal pursuant to ss. 382.015 and
1536	382.016, the Office of Vital Statistics shall provide certified
1537	copies of affidavits to the Title IV-D agency upon request.
1538	Section 25.  This act shall take effect July 1, 2008.

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