CS/HB 663

1
A bill to be entitled
2An act relating to the termination of parental rights;
3amending s. 39.812, F.S.; requiring a petition for
4adoption to be accompanied by a statement verifying that
5adoptive parents have received all information required to
6be disclosed; amending s. 49.011, F.S.; providing for
7service of process by publication for termination of
8parental rights under ch. 63, F.S.; amending s. 63.032,
9F.S.; redefining terms; amending s. 63.037, F.S.;
10specifying applicability of exemptions from disclosure
11requirements for adoption entities under certain
12circumstances; amending s. 63.039, F.S.; requiring an
13adoption entity to provide adoption disclosure statements
14to persons whose consent is required for adoption;
15requiring attorney's fees and costs in certain actions to
16be awarded pursuant to the Florida Rules of Civil
17Procedures; amending s. 63.0425, F.S.; clarifying a
18grandparent's right to notice; amending s. 63.054, F.S.;
19providing that an unmarried biological father who fails to
20register with the Florida Putative Father Registry before
21the filing of a petition for termination of parental
22rights may not file a paternity claim under ch. 742, F.S.;
23providing an exception from the time limitations for
24filing a paternity claim; providing that if a registrant
25fails to report a change of address, the adoption entity
26or adoption petitioner is not obligated to search further
27for the registrant; requiring a petitioner in a proceeding
28in which parental rights are terminated simultaneously
29with entry of final judgment of adoption to contact the
30Office of Vital Statistics for a search of the registry;
31providing procedures for searching the registry when
32termination of parental rights and an adoption proceeding
33are adjudicated separately; amending s. 63.062, F.S.;
34revising criteria for serving notice of terminating
35parental rights to the father of a minor; revising
36procedures for serving notice of intended adoption plan;
37providing criteria for avoiding default on providing
38consent to adoption; providing for the proper venue to
39file a petition to terminate parental rights; amending s.
4063.063, F.S.; revising the standard for compliance with
41laws relating to adoption; amending s. 63.082, F.S.;
42revising the notice and consent requirements to adoption
43to also exclude cases involving sexual activity with
44certain minors; revising consent requirements that apply
45to men; limiting the time period for revoking consent to
46adopt a child older than 6 months of age to 3 business
47days; revising requirements for withdrawing a consent for
48adoption; amending s. 63.085, F.S.; revising requirements
49for required disclosures by an adoption entity; requiring
50that background information concerning the child be
51revealed to prospective adoptive parents; amending s.
5263.087, F.S.; revising procedures for terminating parental
53rights pending an adoption; providing the proper venue in
54which to file a petition to terminate parental rights;
55providing for joint petitions for termination of parental
56rights and adoption; providing that failure to appear at
57certain hearings constitutes grounds for termination of
58parental rights; removing a provision relating to the
59procedure for notifying a petitioner of a final hearing;
60amending s. 63.088, F.S.; providing that a mother's
61failure to identify an unmarried biological father is not
62a defense to a termination of parental rights; revising
63information relating to a court's inquiry about the father
64of the child who is to be adopted; requiring persons
65contacted by a petitioner or adoption entity to release
66certain records; providing that a judgment approving a
67diligent search is not subject to direct or collateral
68attack; amending s. 63.089, F.S.; revising provisions
69relating to service of notice and petition regarding
70termination of parental rights and consent to adoption;
71revising conditions for making a finding of abandonment;
72prohibiting a person who failed to establish parental
73rights from challenging a judgment terminating parental
74rights under certain circumstances; amending s. 63.092,
75F.S.; revising the conditions and timeframe for an
76adoption entity to report to the court the intent to place
77a minor for adoption; amending s. 63.102, F.S.; revising
78procedures for the filing of a petition for adoption;
79providing the proper venue where the petition may be
80filed; amending s. 63.122, F.S.; revising whose name may
81be removed from a petition under certain circumstances;
82amending s. 63.132, F.S.; providing additional exceptions
83to the requirement that the adoptive parent and the
84adoption entity file an affidavit itemizing all expenses
85and receipts; amending s. 63.135, F.S.; requiring the
86adoption entity or petitioner to file an affidavit under
87the Uniform Child Custody Jurisdiction and Enforcement Act
88in a termination of parental rights proceeding; deleting
89information required to be submitted under oath to the
90court; amending s. 63.142, F.S.; requiring that if an
91adoption petition is dismissed, any further proceedings
92regarding the minor be brought in a separate custody
93action under ch. 61, F.S., a dependency action under ch.
9439, F.S., or a paternity action under ch. 742, F.S.;
95revising conditions under which a judgment terminating
96parental rights is voidable; amending s. 63.192, F.S.;
97requiring the courts of this state to recognize decrees of
98termination of parental rights and adoptions from other
99states and countries; amending s. 63.212, F.S.; revising
100acts that are unlawful pertaining to adoptions; creating
101s. 63.236, F.S.; providing that a petition for termination
102of parental rights filed before the effective date of the
103act is governed by the law in effect at the time the
104petition was filed; amending s. 742.021, F.S.; requiring
105the clerk of court to issue certain notice in cases of
106complaints concerning determination of paternity; amending
107s. 742.10, F.S.; providing applicability of chs. 39 and
10863, F.S., to jurisdiction and procedures for determination
109of paternity for children born out of wedlock; providing
110an effective date.
111
112Be It Enacted by the Legislature of the State of Florida:
113
114     Section 1.  Subsection (5) of section 39.812, Florida
115Statutes, is amended to read:
116     39.812  Postdisposition relief; petition for adoption.--
117     (5)  The petition for adoption must be filed in the
118division of the circuit court which entered the judgment
119terminating parental rights, unless a motion for change of venue
120is granted pursuant to s. 47.122. A copy of the consent executed
121by the department as required under s. 63.062(7) must be
122attached to the petition, unless waived pursuant to s. 63.062(7)
123the court determines that such consent is being unreasonably
124withheld and provided that the petitioner has filed with the
125court a favorable preliminary adoptive home study performed by a
126licensed child-placing agency, a child-caring agency registered
127under s. 409.176, or a licensed professional or agency described
128in s. 61.20(2). The petition must be accompanied by a statement,
129signed by the prospective adoptive parents, acknowledging
130receipt of all information required to be disclosed under s.
13163.085 and a form provided by the department which details the
132social and medical history of the child and each parent and
133includes the social security number and date of birth for each
134parent, if such information is available or readily obtainable.
135The prospective adoptive parents person seeking to adopt the
136child may not file a petition for adoption until the judgment
137terminating parental rights becomes final. An adoption
138proceeding under this subsection is governed by chapter 63, as
139limited under s. 63.037.
140     Section 2.  Subsection (13) of section 49.011, Florida
141Statutes, is amended to read:
142     49.011  Service of process by publication; cases in which
143allowed.--Service of process by publication may be made in any
144court on any party identified in s. 49.021 in any action or
145proceeding:
146     (13)  For termination of parental rights pursuant to part
147IX of chapter 39 or chapter 63.
148     Section 3.  Subsections (4) through (20) of section 63.032,
149Florida Statutes, are amended to read:
150     63.032  Definitions.--As used in this chapter, the term:
151     (4)(20)  "Adoption plan" means an arrangement arrangements
152made by a birth parent or other individual having a legal right
153to custody of a minor child, born or to be born, with an
154adoption entity in furtherance of placing the placement of the
155minor for adoption.
156     (5)(4)  "Adult" means a person who is not a minor.
157     (6)(5)  "Agency" means any child-placing agency licensed by
158the department pursuant to s. 63.202 to place minors for
159adoption.
160     (7)(6)  "Child" means any unmarried person under the age of
16118 years who has not been emancipated by court order a son or
162daughter, whether by birth or adoption.
163     (8)(7)  "Court" means a any circuit court of this state
164and, if when the context requires, the court of any state that
165is empowered to grant petitions for adoption.
166     (9)(8)  "Department" means the Department of Children and
167Family Services.
168     (10)(9)  "Intermediary" means an attorney who is licensed
169or authorized to practice in this state and who is placing or
170intends to place a child for adoption, including placing
171children born in another state with citizens of this state or
172country or placing children born in this state with citizens of
173another state or country.
174     (11)(10)  "Legal custody" has the meaning ascribed in s.
17539.01.
176     (11)  "Minor" means a person under the age of 18 years.
177     (12)  "Parent" means a woman who gives birth to a child or
178a man whose consent to the adoption of the child would be
179required under s. 63.062(1). If a child has been legally
180adopted, the term "parent" means the adoptive mother or father
181of the child. The term does not include an individual whose
182parental relationship to the child has been legally terminated
183or an alleged or prospective parent has the same meaning
184ascribed in s. 39.01.
185     (13)  "Person" includes a natural person, corporation,
186government or governmental subdivision or agency, business
187trust, estate, trust, partnership, or association, and any other
188legal entity.
189     (14)  "Relative" means a person related by blood to the
190person being adopted within the third degree of consanguinity.
191     (15)  "To place" means the process of a parent or legal
192guardian surrendering a child for adoption and the prospective
193adoptive parents receiving and adopting the child, and includes
194all actions by any person or adoption entity participating in
195the process.
196     (14)(16)  "Placement" means the process of a parent or
197legal guardian surrendering a child for adoption and the
198prospective adoptive parents receiving and adopting the child
199and all actions by any adoption entity participating in placing
200the child.
201     (15)(17)  "Primarily lives and works outside Florida" means
202that a person who lives and works outside this state at least 6
203months and 1 day per of the year, is a member of the military
204personnel who designates a state other than designate Florida as
205his or her their place of residence in accordance with the
206Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a
207citizen employees of the United States Department of State
208living in a foreign country who designates designate a state
209other than Florida as his or her their place of residence.
210     (16)  "Relative" means a person related by blood to the
211person being adopted within the third degree of consanguinity.
212     (17)(18)  "Suitability of the intended placement" means
213includes the fitness of the intended placement, with primary
214consideration being given to the best interest of the child.
215     (18)  "To place" means the process whereby a parent or
216legal guardian surrenders a child for adoption and the
217prospective adoptive parents receive and adopt the child, and
218includes all actions by any person or adoption entity
219participating in the process.
220     (19)  "Unmarried biological father" means the child's
221biological father who is not married to the child's mother at
222the time of conception or birth of the child and who, before the
223filing of a petition to terminate parental rights, has not been
224adjudicated declared by a court of competent jurisdiction to be
225the legal father of the child or has not executed an affidavit
226pursuant to s. 382.013(2)(c).
227     Section 4.  Section 63.037, Florida Statutes, is amended to
228read:
229     63.037  Proceedings applicable to cases resulting from a
230termination of parental rights under chapter 39.--A case in
231which a minor becomes available for adoption after the parental
232rights of each parent have been terminated by a judgment entered
233pursuant to chapter 39 shall be governed by s. 39.812 and this
234chapter. Adoption proceedings initiated under chapter 39 are
235exempt from the following provisions of this chapter: disclosure
236requirements for the adoption entity provided in s. 63.085(1);
237general provisions governing termination of parental rights
238pending adoption provided in s. 63.087; notice and service
239provisions governing termination of parental rights pending
240adoption provided in s. 63.088; and procedures for terminating
241parental rights pending adoption provided in s. 63.089.
242     Section 5.  Paragraph (i) of subsection (1) of section
24363.039, Florida Statutes, is amended, paragraph (j) is added to
244that subsection, and subsection (3) of that section is amended,
245to read:
246     63.039  Duty of adoption entity to prospective adoptive
247parents; sanctions.--
248     (1)  An adoption entity placing a minor for adoption has an
249affirmative duty to follow the requirements of this chapter and
250specifically the following provisions, which protect and promote
251the well-being of persons being adopted and their parents and
252prospective adoptive parents by promoting certainty, finality,
253and permanency for such persons. The adoption entity must:
254     (i)  Obtain the written waiver of venue required under s.
25563.062, if applicable in cases in which venue for the
256termination of parental rights will be located in a county other
257than the county where a parent whose rights are to be terminated
258resides.
259     (j)  Provide an adoption disclosure statement, as required
260under s. 63.085(1), to all persons whose consent is required
261under s. 63.062(1).
262     (3)  The prevailing party in an action to set aside a
263judgment terminating parental rights pending adoption or a
264judgment of adoption may be awarded reasonable attorney's fees
265and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil
266Procedure. An award under this subsection must be paid by the
267adoption entity or by the any applicable insurance carrier on
268behalf of the adoption entity if the court finds that the acts
269or omissions of the entity were the basis for the court's order
270granting relief to the prevailing party.
271     Section 6.  Section 63.0425, Florida Statutes, is amended
272to read:
273     63.0425  Grandparent's right to notice adopt.--
274     (1)  If When a child has lived with a grandparent for at
275least 6 months within the 24-month period immediately preceding
276the filing of a petition for termination of parental rights
277pending adoption, the adoption entity shall provide notice to
278that grandparent of the hearing on the petition for termination
279of parental rights pending adoption.
280     (2)  This section does shall not apply if the placement for
281adoption is the a result of the death of the child's parent and
282a different preference is stated in the parent's will.
283     (3)  This section does shall not apply in stepparent
284adoptions.
285     (4)  Nothing in This section does not shall contravene the
286provisions of s. 63.142(4).
287     Section 7.  Subsections (1), (6), and (7) of section
28863.054, Florida Statutes, are amended to read:
289     63.054  Actions required by an unmarried biological father
290to establish parental rights; Florida Putative Father
291Registry.--
292     (1)  In order to preserve the right to notice and consent
293to an adoption under this chapter, an unmarried biological
294father must, as the "registrant," file a notarized claim of
295paternity form with the Florida Putative Father Registry
296maintained by the Office of Vital Statistics of the Department
297of Health which includes and shall include therein confirmation
298of his willingness and intent to support the child for whom
299paternity is claimed in accordance with state law. The claim of
300paternity may be filed at any time before prior to the child's
301birth, but a claim of paternity may not be filed after the date
302a petition is filed for termination of parental rights. In each
303proceeding for termination of parental rights, the petitioner
304must shall submit to the Office of Vital Statistics of the
305Department of Health a copy of the petition for termination of
306parental rights. The Office of Vital Statistics may of the
307Department of Health shall not record a claim of paternity after
308the date that a petition for termination of parental rights is
309filed. The failure of an unmarried biological father to file a
310claim of paternity with the registry before the date a petition
311for termination of parental rights is filed also bars him from
312filing a paternity claim under chapter 742.
313     (a)  An unmarried biological father is excepted from the
314time limitations for filing a claim of paternity with the
315registry or for filing a paternity claim under chapter 742, if:
316     1.  The mother identifies him to the adoption entity as a
317potential biological father by the date she executes a consent
318for adoption; and
319     2.  He is served with a notice of intended adoption plan
320pursuant to s. 63.062(3) and the 30-day mandatory response date
321is later than the date the petition for termination of parental
322rights is filed with the court.
323     (b)  If an unmarried biological father falls within the
324exception provided by paragraph (a), the petitioner shall also
325submit to the Office of Vital Statistics a copy of the notice of
326intended adoption plan and proof of service of the notice on the
327potential biological father.
328     (c)  An unmarried biological father who falls within the
329exception provided by paragraph (a) may not file a claim of
330paternity with the registry or a paternity claim under chapter
331742 after the 30-day mandatory response date to the notice of
332intended adoption plan has expired. The Office of Vital
333Statistics may not record a claim of paternity 30 days after
334service of the notice of intended adoption plan.
335     (6)  It is the obligation of the registrant or, if
336designated under subsection (4), his designated agent or
337representative to notify and update the Office of Vital
338Statistics of any change of address or change in the designation
339of an agent or representative. The failure of a registrant, or
340designated agent or representative, to report any such change is
341at the registrant's own risk and may shall not serve as a valid
342defense based upon lack of notice, and the adoption entity or
343petitioner has no further obligation to search for the
344registrant unless the person petitioning for termination of
345parental rights or adoption has actual or constructive notice of
346the registrant's address and whereabouts from another source.
347     (7)  In each proceeding for termination of parental rights
348or each adoption proceeding in which parental rights are being
349terminated simultaneously with entry of the final judgment of
350adoption, as in a stepparent and relative adoption filed under
351this chapter, the petitioner must contact the Office of Vital
352Statistics of the Department of Health by submitting an
353application for a search of the Florida Putative Father
354Registry. The petitioner must shall provide the same
355information, if known, on the search application form that which
356the registrant furnished is required to furnish under subsection
357(3). Thereafter, the Office of Vital Statistics shall must issue
358a certificate signed by the State Registrar certifying:
359     (a)  The identity and contact information, if any, for each
360registered unmarried biological father whose information matches
361the search request sufficiently so that such person may be
362considered a possible father of the subject child; or
363     (b)  That a diligent search has been made of the registry
364of registrants who may be the unmarried biological father of the
365subject child and that no matching registration has been located
366in the registry.
367
368The This certificate must be filed with the court in the
369proceeding to terminate parental rights or the adoption
370proceeding. If a termination of parental rights and an adoption
371proceeding are being adjudicated separately simultaneously, the
372Florida Putative Father Registry need only be searched for the
373termination of parental rights proceeding once.
374     Section 8.  Paragraph (b) of subsection (1) and subsections
375(3), (7), and (9) of section 63.062, Florida Statutes, are
376amended to read:
377     63.062  Persons required to consent to adoption; affidavit
378of nonpaternity; waiver of venue.--
379     (1)  Unless supported by one or more of the grounds
380enumerated under s. 63.089(3), a petition to terminate parental
381rights pending adoption may be granted only if written consent
382has been executed as provided in s. 63.082 after the birth of
383the minor or notice has been served under s. 63.088 to:
384     (b)  The father of the minor, if:
385     1.  The minor was conceived or born while the father was
386married to the mother;
387     2.  The minor is his child by adoption;
388     3.  The minor has been adjudicated established by the court
389proceeding to be his child by the date a petition is filed for
390termination of parental rights;
391     4.  He has filed an affidavit of paternity pursuant to s.
392382.013(2)(c) by the date a petition is filed for termination of
393parental rights; or
394     5.  In the case of an unmarried biological father, he has
395acknowledged in writing, signed in the presence of a competent
396witness, that he is the father of the minor, has filed such
397acknowledgment with the Office of Vital Statistics of the
398Department of Health within the required timeframes, and has
399complied with the requirements of subsection (2).
400     (3)(a)  Pursuant to chapter 48, an adoption entity shall
401may serve a notice of intended adoption plan upon any known and
402locatable unmarried biological father who is identified to the
403adoption entity by the mother by the date she signs her consent
404for adoption or who is identified by a diligent search of the
405Florida Putative Father Registry, or upon an entity whose
406consent is required. Service of the notice of intended adoption
407plan is not mandatory when the unmarried biological father signs
408a consent for adoption or an affidavit of nonpaternity. The
409notice may be served, a notice of intended adoption plan at any
410time before the child's birth or before placing prior to the
411placement of the child in the adoptive home, including prior to
412the birth of the child. The recipient of the notice may waive
413service of process by executing a waiver and acknowledging
414receipt of the plan. The notice of intended adoption plan must
415specifically state that if the unmarried biological father
416desires to contest the adoption plan, he must, within 30 days
417after service, file with the court, within 30 days after
418service, a verified response that contains a pledge of
419commitment to the child in substantial compliance with
420subparagraph (2)(b)2. and The notice of intended adoption plan
421shall notify the unmarried biological father that he must file a
422claim of paternity form with the Office of Vital Statistics,
423within 30 days after service upon him and must provide the
424adoption entity with a copy of the verified response filed with
425the court and the claim of paternity form filed with the Office
426of Vital Statistics. The notice must also include instructions
427for submitting a claim of paternity form to the Office of Vital
428Statistics and the address to which the claim must be sent. If
429the party served with the notice of intended adoption plan is an
430entity whose consent is required, the notice must specifically
431state that the entity must file, within 30 days after service, a
432verified response setting forth a legal basis for contesting the
433intended adoption plan, specifically addressing the best
434interest of the child.
435     (a)  If the unmarried biological father or entity whose
436consent is required fails to timely and properly file a verified
437response with the court and, in the case of an unmarried
438biological father, a claim of paternity form with the Office of
439Vital Statistics within 30 days after service upon that
440unmarried biological father or entity whose consent is required,
441the court shall enter a default against any unmarried biological
442father or entity and the consent of that unmarried biological
443father or entity shall no longer be required under this chapter
444and that party shall be deemed to have waived any claim of
445rights to the child. To avoid a default, within 30 days after
446receipt of service of the notice of intended adoption plan:
447     1.  The unmarried biological father must:
448     a.  File a claim of paternity with the Florida Putative
449Father Registry maintained by the Office of Vital Statistics;
450     b.  File a verified response with the court which contains
451a pledge of commitment to the child in substantial compliance
452with subparagraph (2)(b)2.; and
453     c.  Provide support for the birth mother and the child.
454     2.  The entity whose consent is required must file a
455verified response setting forth a legal basis for contesting the
456intended adoption plan, specifically addressing the best
457interest of the child. Each notice of intended adoption plan
458served upon an unmarried biological father must include
459instructions as to the procedure the unmarried biological father
460must follow to submit a claim of paternity form to the Office of
461Vital Statistics and the address to which the registration must
462be directed.
463     (b)  If the birth mother identifies a man who she believes
464is the unmarried biological father of her child, the adoption
465entity may provide a notice of intended adoption plan pursuant
466to paragraph (a). If the mother identifies a potential unmarried
467biological father whose location is unknown, the adoption entity
468shall conduct a diligent search pursuant to s. 63.088. If, upon
469completion of a diligent search, the potential unmarried
470biological father's location remains unknown and a search of the
471Florida Putative Father Registry fails to reveal a match, the
472adoption entity shall request in the petition for termination of
473parental rights pending adoption that the court declare the
474diligent search to be in compliance with s. 63.088, and to
475further declare that the adoption entity has shall have no
476further obligation to provide notice to the potential unmarried
477biological father, and that the potential unmarried biological
478father's consent to the adoption is shall not be required.
479     (7)  If parental rights to the minor have previously been
480terminated, the adoption entity with which the minor has been
481placed for subsequent adoption may provide consent to the
482adoption. In such case, no other consent is required. The
483consent of the department shall be waived upon a determination
484by the court that such consent is being unreasonably withheld
485and if, provided that the petitioner has filed with the court a
486favorable preliminary adoptive home study as required under s.
48763.092 performed by a licensed child-placing agency, a child-
488caring agency registered under s. 409.176, or a licensed
489professional or agency described in s. 61.20(2).
490     (9)  A petition for termination of parental rights must
491shall be filed in the appropriate county as determined under s.
49263.087(2). If a the parent or parents whose consent is required
493objects rights are to be terminated object to venue in the
494county where the action was filed, the court may transfer venue
495to a proper venue consistent with this chapter and chapter 47
496the action to the county where the objecting parent or parents
497reside, unless the objecting parent has previously executed a
498waiver of venue.
499     Section 9.  Section 63.063, Florida Statutes, is amended to
500read:
501     63.063  Responsibility of parents each party for their own
502actions; fraud or misrepresentation; contesting termination of
503parental rights and adoption statutory compliance.--
504     (1)  Each parent of a child conceived or born outside of
505marriage is responsible for his or her own actions and is not
506excused from strict compliance with the provisions of this
507chapter based upon any action, statement, or omission of the
508other parent or a third party, except as provided in s.
50963.062(2)(a).
510     (2)  Any person injured by a fraudulent representation or
511action in connection with an adoption may is entitled to pursue
512civil or criminal penalties as provided by law. A fraudulent
513representation is not a defense to compliance with the
514requirements of this chapter and is not a basis for dismissing a
515petition for termination of parental rights or a petition for
516adoption, for vacating an adoption decree, or for granting
517custody to the offended party. Custody and adoption
518determinations must shall be based on the best interest of the
519child in accordance with s. 61.13.
520     (3)  The Legislature finds no way to remove all risk of
521fraud or misrepresentation in adoption proceedings and has
522provided a method for absolute protection of an unmarried
523biological father's rights through by compliance with the
524provisions of this chapter. In balancing the rights and
525interests of the state and of all parties affected by fraud,
526including the child, the adoptive parents, and the unmarried
527biological father, the Legislature has determined that the
528unmarried biological father is in the best position to prevent
529or ameliorate the effects of fraud and, therefore, has the
530burden of preventing fraud.
531     (4)  The Legislature finds that an unmarried biological
532father who resides in another state may not, in every
533circumstance, be reasonably presumed to know of and comply with
534the requirements of this chapter. Therefore, if all of the
535following requirements have been met, an unmarried biological
536father may contest a termination of parental rights or
537subsequent adoption and, before prior to entry of the final
538judgment of adoption, assert his interest in the child.
539Following such assertion, the court may, in its discretion,
540proceed with an evidentiary hearing if:
541     (a)  The unmarried biological father resides and has
542resided in another state where the unmarried mother was also
543located or resided.
544     (b)  The unmarried mother left that state without notifying
545or informing the unmarried biological father that she could be
546located in this the state of Florida.
547     (c)  The unmarried biological father has, through every
548reasonable means, attempted to locate the mother but does not
549know or have reason to know that the mother is residing in this
550the state of Florida.
551     (d)  The unmarried biological father has substantially
552complied with the requirements of the state where the mother
553previously resided or was located in order to protect and
554preserve his parental interest and rights with regard to the
555child.
556     Section 10.  Paragraph (d) of subsection (1), paragraphs
557(b), (c), and (e) of subsection (4), paragraphs (a), (b), and
558(d) of subsection (6), and subsection (7) of section 63.082,
559Florida Statutes, are amended to read:
560     63.082  Execution of consent to adoption or affidavit of
561nonpaternity; family social and medical history; withdrawal of
562consent.--
563     (1)
564     (d)  The notice and consent provisions of this chapter as
565they relate to the birth of a child or to legal fathers do not
566apply in cases in which the child is conceived as a result of a
567violation of the criminal laws of this or another state,
568including, but not limited to, sexual battery, unlawful sexual
569activity with certain minors under s. 794.05, lewd acts
570perpetrated upon a minor, or incest.
571     (4)
572     (b)  A consent to the adoption of a minor who is to be
573placed for adoption may shall not be executed by the birth
574mother sooner than 48 hours after the minor's birth or the day
575the birth mother is has been notified in writing, either on her
576patient chart or in release paperwork, that she is fit to be
577released from the licensed hospital or birth center, whichever
578is earlier. A consent by any man a biological father or legal
579father may be executed at any time after the birth of the child.
580The A consent executed under this paragraph is valid upon
581execution and may be withdrawn only if the court finds that it
582was obtained by fraud or duress.
583     (c)  If When the minor to be adopted is older than 6 months
584of age at the time of the execution of the consent, the consent
585to adoption is valid upon execution; however, it is subject to a
5863-day revocation period of 3 business days or may be revoked at
587any time prior to the placement of the minor with the
588prospective adoptive parents, whichever is later. If a consent
589has been executed, this subsection may not be construed to
590provide a birth parent with more than 3 days to revoke the
591consent once the child has been placed with the prospective
592adoptive parents.
593     (e)  A consent to adoption being executed by the birth
594parent must be in at least 12-point boldfaced type in
595substantially the following form:
596
597
CONSENT TO ADOPTION
598
599YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
600HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
601THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
602PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
603WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
604NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
605WITNESSES YOU SELECTED, IF ANY.
606
607YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
608FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
609CONSENT:
610
6111.  CONSULT WITH AN ATTORNEY;
6122.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY
613PROHIBITED;
6143.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY
615MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
6164.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND
6175.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO
618YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
619
620IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
621YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
622EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
623YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
624FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
625OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
626IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
627FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
628BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
629WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
630SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
631CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
632BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
633AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
634THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
635WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
636DURESS.
637
638IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
639AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
640
6411.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU
642WISH TO WITHDRAW YOUR CONSENT; AND
6432.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
644DURESS.
645
646This statement of rights is not required for the adoption of a
647relative, an adult, a stepchild, or a child older than 6 months
648of age. A consent form for the adoption of a child older than 6
649months of age at the time of the execution of consent must
650contain a statement outlining the revocation rights provided in
651paragraph (c).
652     (6)(a)  If a birth parent executes a consent for placement
653of a minor with an adoption entity or qualified prospective
654adoptive parents and the minor child is in the custody of the
655department, but parental rights have not yet been terminated,
656the adoption consent is shall be valid, binding, and enforceable
657by the court.
658     (b)  Upon execution of the consent of the birth parent, the
659adoption entity may shall be permitted to intervene in the
660dependency case as a party in interest and must shall provide
661the court having jurisdiction over the minor, pursuant to the
662shelter or dependency petition filed by the department, with a
663copy of the preliminary home study of the prospective adoptive
664parents and any other evidence of the suitability of the
665placement. The preliminary home study must shall be maintained
666with strictest confidentiality within the dependency court file
667and the department's file. A preliminary home study must be
668provided to the court in all cases in which an adoption entity
669has intervened pursuant to this section.
670     (d)  In determining whether the best interest of the child
671is will be served by transferring the custody of the minor child
672to the prospective adoptive parent selected by the birth parent,
673the court shall consider give consideration to the rights of the
674birth parent to determine an appropriate placement for the
675child, the permanency offered, the child's bonding with any
676potential adoptive home that the child has been residing in, and
677the importance of maintaining sibling relationships, if
678possible.
679     (7)  If a person is seeking to withdraw consent for a child
680older than 6 months of age who has been placed with prospective
681adoptive parents:
682     (a)  The person seeking to withdraw consent must, in
683accordance with paragraph (4)(c), notify A consent that is being
684withdrawn under paragraph (4)(c) may be withdrawn at any time
685prior to the minor's placement with the prospective adoptive
686parents or by notifying the adoption entity in writing by
687certified United States mail, return receipt requested, within
688not later than 3 business days after execution of the consent.
689As used in this subsection, the term "business day" means any
690day on which the United States Postal Service accepts certified
691mail for delivery.
692     (b)  Upon receiving timely written notice from a person
693whose consent to adoption is required of that person's desire to
694withdraw consent to adoption, the adoption entity must contact
695the prospective adoptive parent to arrange a time certain for
696the adoption entity to regain physical custody of the minor,
697unless, upon a motion for emergency hearing by the adoption
698entity, the court determines in written findings that placement
699of the minor with the person who had legal or physical custody
700of the child immediately before the child was placed for
701adoption withdrawing consent may endanger the minor, or that the
702person who desires to withdraw consent is to the adoption would
703not be required to consent to the adoption, or has been
704determined to have abandoned the child, or is otherwise subject
705to a determination that the person's consent is waived under
706this chapter.
707     (c)  If the court finds that the such placement may
708endanger the minor, the court shall must enter an order
709continuing the regarding continued placement of the minor with
710the prospective adoptive parents pending further proceedings if
711they desire continued placement. If the prospective adoptive
712parents do not desire continued placement, the order must shall
713include, but need not be limited to, a determination of whether
714temporary placement in foster care with the person who had legal
715or physical custody of the child immediately before placing the
716child for adoption or with a relative is in the best interest of
717the child and is appropriate, whether an investigation by the
718department is recommended, and whether a relative is available
719for the temporary placement.
720     (d)  If the person withdrawing consent claims to be the
721father of the minor but has not been established to be the
722father by marriage, court order, or scientific testing, the
723court may order scientific paternity testing and reserve ruling
724on removal of the minor until the results of such testing have
725been filed with the court.
726     (e)  The adoption entity must return the minor within 3
727business days after timely and proper notification of the
728withdrawal of consent or after the court determines that
729withdrawal is valid and binding upon consideration of an
730emergency motion, as filed pursuant to paragraph (b), to the
731physical custody of the person withdrawing consent or the person
732directed by the court. If the person seeking to validly withdraw
733consent claims to be the father of the minor but has not been
734established to be the father by marriage, court order, or
735scientific testing, the adoption entity may return the minor to
736the care and custody of the mother, if she desires such
737placement, and she the mother is not otherwise prohibited by law
738from having custody of the child.
739     (f)  Following the revocation period for withdrawal of
740consent described in paragraph (a), or the placement of the
741child with the prospective adoptive parents, whichever occurs
742later, consent may be withdrawn only when the court finds that
743the consent was obtained by fraud or duress.
744     (g)  An affidavit of nonpaternity may be withdrawn only if
745the court finds that the affidavit was obtained by fraud or
746duress.
747     Section 11.  Section 63.085, Florida Statutes, is amended
748to read:
749     63.085  Disclosure by adoption entity.--
750     (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
751ADOPTIVE PARENTS.--Within Not later than 14 days after a person
752seeking to adopt a minor or a person seeking to place a minor
753for adoption contacts an adoption entity in person or provides
754the adoption entity with a mailing address, the entity must
755provide a written disclosure statement to that person if the
756entity agrees or continues to work with the such person. The If
757an adoption entity shall also provide the written disclosure to
758the parent is assisting in the effort to terminate the parental
759rights of a parent who did not initiate the contact with the
760adoption entity, the written disclosure must be provided within
76114 days after that parent is identified and located. For
762purposes of providing the written disclosure, a person is
763considered to be seeking to place a minor for adoption if when
764that person has sought information or advice from the adoption
765entity regarding the option of adoptive placement. The written
766disclosure statement must be in substantially the following
767form:
768
769
ADOPTION DISCLOSURE
770
771THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
772PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
773FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
774ADOPTION UNDER FLORIDA LAW:
775
7761.  The name, address, and telephone number of the adoption
777entity providing this disclosure is:
778Name:
779Address:
780Telephone Number:
781
7822.  The adoption entity does not provide legal representation or
783advice to birth parents or anyone signing a consent for adoption
784or affidavit of nonpaternity, and birth parents have the right
785to consult with an attorney of their own choosing to advise
786them.
7873.  With the exception of an adoption by a stepparent or
788relative, a child cannot be placed into a prospective adoptive
789home unless the prospective adoptive parents have received a
790favorable preliminary home study, including criminal and child
791abuse clearances.
7924.  A valid consent for adoption may not be signed by the birth
793mother until 48 hours after the birth of the child, or the day
794the birth mother is notified, in writing, that she is fit for
795discharge from the licensed hospital or birth center. Any man A
796putative father may sign a valid consent for adoption at any
797time after the birth of the child.
7985.  A consent for adoption signed before the child attains the
799age of 6 months is binding and irrevocable from the moment it is
800signed unless it can be proven in court that the consent was
801obtained by fraud or duress. A consent for adoption signed after
802the child attains the age of 6 months is valid from the moment
803it is signed; however, it may be revoked until the child is
804placed in an adoptive home, or up to 3 days after it was signed,
805whichever period is longer.
8066.  A consent for adoption is not valid if the signature of the
807person who signed the consent was obtained by fraud or duress.
8087.  An unmarried biological father must act immediately in order
809to protect his parental rights. Section 63.062, Florida
810Statutes, prescribes that any father seeking to establish his
811right to consent to the adoption of his child must file a claim
812of paternity with the Florida Putative Father Registry
813maintained by the Office of Vital Statistics of the Department
814of Health by the date a petition to terminate parental rights is
815filed with the court, or within 30 days after receiving service
816of a Notice of Intended Adoption Plan. If he receives a Notice
817of Intended Adoption Plan, he must file a claim of paternity
818with the Florida Putative Father Registry, file a parenting plan
819with the court, and provide financial support to the mother or
820child within 30 days following service. An unmarried biological
821father's failure to timely respond to a Notice of Intended
822Adoption Plan constitutes an irrevocable legal waiver of any and
823all rights that the father may have to the child. A claim of
824paternity registration form for the Florida Putative Father
825Registry may be obtained from any local office of the Department
826of Health, Office of Vital Statistics, the Department of
827Children and Families, the Internet websites for these agencies,
828and the offices of the clerks of the Florida circuit courts. The
829claim of paternity form must be submitted to the Office of Vital
830Statistics, Attention: Adoption Unit, P.O. Box 210,
831Jacksonville, FL 32231.
8328.7.  There are alternatives to adoption, including foster care,
833relative care, and parenting the child. There may be services
834and sources of financial assistance in the community available
835to birth parents if they choose to parent the child.
8369.8.  A birth parent has the right to have a witness of his or
837her choice, who is unconnected with the adoption entity or the
838adoptive parents, to be present and witness the signing of the
839consent or affidavit of nonpaternity.
84010.9.  A birth parent 14 years of age or younger must have a
841parent, legal guardian, or court-appointed guardian ad litem to
842assist and advise the birth parent as to the adoption plan.
84311.10.  A birth parent has a right to receive supportive
844counseling from a counselor, social worker, physician, clergy,
845or attorney, and such counseling would be beneficial to the
846birth parent.
84712.11.  The payment of living or medical expenses by the
848prospective adoptive parents before prior to the birth of the
849child does not, in any way, obligate the birth parent to sign
850the consent for adoption.
851     (2)  DISCLOSURE TO ADOPTIVE PARENTS.--
852     (a)  At the time that an adoption entity is responsible for
853selecting prospective adoptive parents for a born or unborn
854child whose parents are seeking to place the child for adoption
855or whose rights were terminated pursuant to chapter 39, the
856adoption entity must provide the prospective adoptive parents
857with information concerning the background of the child to the
858extent such information is disclosed to the adoption entity by
859the parents, legal custodian, or the department. This subsection
860applies only if the adoption entity identifies the prospective
861adoptive parents and supervises the physical placement of the
862child in the prospective adoptive parents' home. If any
863information cannot be disclosed because the records custodian
864failed or refused to produce the background information, the
865adoption entity has a duty to provide the information if it
866becomes available. An individual or entity contacted by an
867adoption entity to obtain the background information must
868release the requested information to the adoption entity without
869the necessity of a subpoena or a court order. In all cases, the
870prospective adoptive parents must receive all available
871information by the date of the final hearing on the petition for
872adoption. The information to be disclosed includes:
873     1.  A family social and medical history form completed
874pursuant to s. 63.162(6).
875     2.  The biological mother's medical records documenting her
876prenatal care and the birth and delivery of the child.
877     3.  A complete set of the child's medical records
878documenting all medical treatment and care since the child's
879birth and before placement.
880     4.  All mental health, psychological, and psychiatric
881records, reports, and evaluations concerning the child before
882placement.
883     5.  The child's educational records, including all records
884concerning any special education needs of the child before
885placement.
886     6.  Records documenting all incidents that required the
887department to provide services to the child, including all
888orders of adjudication of dependency or termination of parental
889rights issued pursuant to chapter 39, any case plans drafted to
890address the child's needs, all protective services
891investigations identifying the child as a victim, and all
892guardian ad litem reports filed with the court concerning the
893child.
894     7.  Written information concerning the availability of
895adoption subsidies for the child, if applicable.
896     (b)  When disclosing information pursuant to this
897subsection, the adoption entity must redact any confidential
898identifying information concerning the child's parents, foster
899parents and their families, siblings, relatives, and
900perpetrators of crimes against the child or involving the child.
901     (3)(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
902must obtain a written statement acknowledging receipt of the
903disclosures disclosure required under this section subsection
904(1) and signed by the persons receiving the disclosure or, if it
905is not possible to obtain such an acknowledgment, the adoption
906entity must execute an affidavit stating why an acknowledgment
907could not be obtained. If the disclosure was delivered by
908certified United States mail, return receipt requested, a return
909receipt signed by the person from whom acknowledgment is
910required is sufficient to meet the requirements of this
911subsection. A copy of the acknowledgment of receipt of the
912disclosure must be provided to the person signing it. A copy of
913the acknowledgment or affidavit executed by the adoption entity
914in lieu of the acknowledgment must be maintained in the file of
915the adoption entity. The original acknowledgment or affidavit
916must be filed with the court.
917     (4)(3)  REVOCATION OF CONSENT.--Failure to meet the
918requirements of this section subsection (1) or subsection (2)
919does not constitute grounds for revocation of a consent to
920adoption or withdrawal of an affidavit of nonpaternity unless
921the extent and circumstances of such a failure result in a
922material failure of fundamental fairness in the administration
923of due process, or the failure constitutes or contributes
924materially to fraud or duress in obtaining a consent to adoption
925or affidavit of nonpaternity.
926     Section 12.  Subsections (2), (3), and (6) of section
92763.087, Florida Statutes, are amended to read:
928     63.087  Proceeding to terminate parental rights pending
929adoption; general provisions.--
930     (2)  VENUE.--
931     (a)  A petition to terminate parental rights pending
932adoption must be filed:
933     1.  In the county where the child resides; or
934     2.  If the child does not reside in the State of Florida,
935In the county where the adoption entity is located;
936     3.  In the county where the adoption entity is located; or
937     4.  If neither parent resides in the state, in the county
938where the adoption entity is located. The fact of the minor's
939presence within the state confers jurisdiction on the court in
940proceedings in the minor's case under this chapter, or to a
941parent or guardian if due notice has been given.
942     (b)  If a petition for termination of parental rights has
943been filed and a parent whose consent is required rights are to
944be terminated objects to venue, there must be a hearing in which
945the court shall determine whether that parent intends to assert
946legally recognized grounds to contest a termination of parental
947rights and, if so, the court may shall immediately transfer
948venue to a proper venue under this subsection the county where
949that parent resides or resided at the time of the execution of
950the consent. For purposes of selecting venue, the court shall
951consider the ease of access to the court for the parent and the
952factors set forth in s. 47.122 who intends to contest a
953termination of parental rights.
954     (c)  If there is a transfer of venue, the court may
955determine which party shall bear the cost of venue transfer.
956
957For purposes of the hearing under this subsection, witnesses
958located in another jurisdiction may testify by deposition or
959testify by telephone, audiovisual means, or other electronic
960means before a designated court or at another location.
961Documentary evidence transmitted from another location by
962technological means that do not produce an original writing may
963not be excluded from evidence on an objection based on the means
964of transmission. The court on its own motion may otherwise
965prescribe the manner in which and the terms upon which the
966testimony is taken.
967     (3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
968may not be filed until after the date the court enters the
969judgment terminating parental rights pending adoption under this
970chapter or under chapter 39. Adoptions of relatives, adult
971adoptions, or adoptions of stepchildren are shall not be
972required to file a separate termination of parental rights
973proceeding pending adoption. In such cases, the petitioner may
974file a joint petition for termination of parental rights and
975adoption, attaching all required consents, affidavits, notices,
976and acknowledgments shall be attached to the petition for
977adoption or filed separately in the adoption proceeding. Unless
978otherwise provided by law, this chapter applies to joint
979petitions.
980     (6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
981petition or any pleading requiring an answer must shall be filed
982in accordance with the Florida Family Law Rules of Civil
983Procedure. Failure to file a written response or to appear at
984the hearing on the petition constitutes grounds upon which the
985court may terminate parental rights. Failure to appear at the
986hearing constitutes grounds upon which the court may terminate
987parental rights. The petitioner shall provide notice of the
988final hearing by United States mail to any person who has been
989served with the summons and petition for termination of parental
990rights within the specified time periods. Notwithstanding the
991filing of any answer or any pleading, Any person present at the
992hearing to terminate parental rights pending adoption whose
993consent to adoption is required under s. 63.062 must:
994     (a)  Be advised by the court that he or she has a right to
995ask that the hearing be reset for a later date so that the
996person may consult with an attorney; and
997     (b)  Be given an opportunity to admit or deny the
998allegations in the petition.
999     Section 13.  Subsections (1), (3), (4), and (5) of section
100063.088, Florida Statutes, are amended to read:
1001     63.088  Proceeding to terminate parental rights pending
1002adoption; notice and service; diligent search.--
1003     (1)  NOTICE REQUIRED.--An unmarried biological father, by
1004virtue of the fact that he has engaged in a sexual relationship
1005with a woman, is deemed to be on notice that a pregnancy and an
1006adoption proceeding regarding that child may occur and that he
1007has a duty to protect his own rights and interest. He is,
1008therefore, entitled to notice of a birth or adoption proceeding
1009with regard to that child only as provided in this chapter. If a
1010mother fails to identify an unmarried biological father to the
1011adoption entity by the date she signs her consent for adoption,
1012the unmarried biological father's claim that he did not receive
1013actual notice of the adoption proceeding is not a defense to the
1014termination of his parental rights.
1015     (3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1016determine that a minor is available for adoption, and in
1017addition to the other requirements set forth in this chapter,
1018each person whose consent is required under s. 63.062, who has
1019not executed a consent for adoption or an affidavit of
1020nonpaternity, and whose location and identity have been
1021determined by compliance with the procedures in this section
1022must be personally served, pursuant to chapter 48, at least 20
1023days before the hearing with a copy of the petition to terminate
1024parental rights pending adoption and with notice in
1025substantially the following form:
1026
1027
NOTICE OF PETITION AND HEARING
1028
TO TERMINATE PARENTAL RIGHTS
1029
PENDING ADOPTION
1030
1031A petition to terminate parental rights pending adoption has
1032been filed. A copy of the petition is being served with this
1033notice. There will be a hearing on the petition to terminate
1034parental rights pending adoption on   (date)   at   (time)  
1035before   (judge)   at   (location, including complete name and
1036street address of the courthouse)  . The court has set aside  
1037(amount of time)   for this hearing.
1038
1039UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A
1040WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT
1041AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH
1042THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT
1043REGARDING THE MINOR CHILD.
1044     (4)  REQUIRED INQUIRY.--In proceedings initiated under s.
104563.087, the court shall must conduct an inquiry of the person
1046who is placing the minor for adoption and of any relative or
1047person having legal custody of the minor who is present at the
1048hearing and likely to have the following information regarding
1049the identity of:
1050     (a)  Any man person to whom the mother of the minor was
1051married at any time when conception of the minor may have
1052occurred or at the time of the birth of the minor;
1053     (b)  Any man who has filed an affidavit of paternity
1054pursuant to s. 382.013(2)(c) before the date that a petition for
1055termination of parental rights is filed with the court person
1056who has been declared by a court to be the father of the minor;
1057     (c)  Any man who has adopted the minor;
1058     (d)  Any man who has been adjudicated by a court as the
1059father of the minor child before the date a petition for
1060termination of parental rights is filed with the court with whom
1061the mother was cohabiting at any time when conception of the
1062minor may have occurred; and
1063     (e)  Any man whom the mother identified to the adoption
1064entity as a potential biological father before the date she
1065signed the consent for adoption person who has acknowledged or
1066claimed paternity of the minor.
1067
1068The information sought required under this subsection may be
1069provided to the court in the form of a sworn affidavit by a
1070person having personal knowledge of the facts, addressing each
1071inquiry enumerated in this subsection, except that, if the
1072inquiry identifies a father under paragraph (a), paragraph (b),
1073or paragraph (c), the inquiry may shall not continue further.
1074The inquiry required under this subsection may be conducted
1075before the birth of the minor.
1076     (5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1077the court under subsection (4) identifies any person whose
1078consent to adoption is required under s. 63.062 and who has not
1079executed a consent to adoption or an affidavit of nonpaternity,
1080and the location of the person from whom consent is required is
1081unknown, the adoption entity must conduct a diligent search for
1082that person which must include inquiries concerning:
1083     (a)  The person's current address, or any previous address,
1084through an inquiry of the United States Postal Service through
1085the Freedom of Information Act;
1086     (b)  The last known employment of the person, including the
1087name and address of the person's employer;
1088     (c)  Regulatory agencies, including those regulating
1089licensing in the area where the person last resided;
1090     (c)(d)  Names and addresses of relatives to the extent they
1091such can be reasonably obtained from the petitioner or other
1092sources, contacts with those relatives, and inquiry as to the
1093person's last known address. The petitioner must shall pursue
1094any leads to of any addresses where to which the person may have
1095moved;
1096     (d)(e)  Information as to whether or not the person may
1097have died and, if so, the date and location;
1098     (e)(f)  Telephone listings in the area where the person
1099last resided;
1100     (f)(g)  Inquiries of law enforcement agencies in the area
1101where the person last resided;
1102     (g)(h)  Highway patrol records in the state where the
1103person last resided;
1104     (h)(i)  Department of Corrections records in the state
1105where the person last resided;
1106     (i)(j)  Hospitals in the area where the person last
1107resided;
1108     (j)(k)  Records of utility companies, including water,
1109sewer, cable television, and electric companies, in the area
1110where the person last resided;
1111     (k)(l)  Records of the Armed Forces of the United States as
1112to whether there is any information as to the person;
1113     (l)(m)  Records of the tax assessor and tax collector in
1114the area where the person last resided; and
1115     (m)(n)  Search of one Internet databank locator service.
1116
1117A person contacted by a petitioner or adoption entity requesting
1118records under this subsection must release the requested records
1119to the petitioner or adoption entity without the necessity of a
1120subpoena or a court order, except when prohibited by law. An
1121affidavit of diligent search conducted in accordance with this
1122section executed by the petitioner and the adoption entity must
1123be filed with the court confirming completion of each aspect of
1124the diligent search enumerated in this subsection and specifying
1125the results. The diligent search required under this subsection
1126may be conducted before the birth of the minor. A judgment
1127terminating parental rights and approving a diligent search that
1128fails to locate a person is valid and is not subject to direct
1129or collateral attack because the mother failed or refused to
1130provide the adoption entity with sufficient information to
1131locate the person.
1132     Section 14.  Subsections (2), (3), (4), and (6), paragraph
1133(a) of subsection (7), and subsection (8) of section 63.089,
1134Florida Statutes, are amended to read:
1135     63.089  Proceeding to terminate parental rights pending
1136adoption; hearing; grounds; dismissal of petition; judgment.--
1137     (2)  HEARING PREREQUISITES.--The court may hold the hearing
1138only when:
1139     (a)  For each person whose consent to adoption is required
1140under s. 63.062:
1141     1.  A consent under s. 63.082 has been executed and filed
1142with the court;
1143     2.  An affidavit of nonpaternity under s. 63.082 has been
1144executed and filed with the court;
1145     3.  Notice has been provided under ss. 63.087 and 63.088;
1146or
1147     4.  The certificate from the Office of Vital Statistics has
1148been provided to the court stating that a diligent search has
1149been made of the Florida Putative Father Registry created in s.
115063.054 and that no filing has been found pertaining to the
1151father of the child in question or, if a filing is found,
1152stating the name of the putative father and the time and date of
1153the filing.
1154     (b)  For each notice and petition that must be served under
1155ss. 63.087 and 63.088:
1156     1.  At least 20 days have elapsed since the date of
1157personal service and an affidavit of service has been filed with
1158the court;
1159     2.  At least 30 days have elapsed since the first date of
1160publication of constructive service and an affidavit of service
1161has been filed with the court; or
1162     3.  An affidavit of nonpaternity, consent for adoption, or
1163other document that which affirmatively waives service has been
1164executed and filed with the court.;
1165     (c)  The minor named in the petition has been born.; and
1166     (d)  The petition contains all information required under
1167s. 63.087 and all affidavits of inquiry, diligent search, and
1168service required under s. 63.088 have been obtained and filed
1169with the court.
1170     (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1171ADOPTION.--The court may enter a judgment terminating parental
1172rights pending adoption if the court determines by clear and
1173convincing evidence, supported by written findings of fact, that
1174each person whose consent to adoption is required under s.
117563.062:
1176     (a)  Has executed a valid consent under s. 63.082 and the
1177consent was obtained according to the requirements of this
1178chapter;
1179     (b)  Has executed an affidavit of nonpaternity and the
1180affidavit was obtained according to the requirements of this
1181chapter;
1182     (c)  Has been served with a notice of the intended adoption
1183plan in accordance with the provisions of s. 63.062(3) and has
1184failed to respond within the designated time period;
1185     (d)  Has been properly served notice of the proceeding in
1186accordance with the requirements of this chapter and has failed
1187to file a written answer or appear at the evidentiary hearing
1188resulting in the judgment terminating parental rights pending
1189adoption;
1190     (e)  Has been properly served notice of the proceeding in
1191accordance with the requirements of this chapter and has been
1192determined under subsection (4) to have abandoned the minor as
1193defined in s. 63.032;
1194     (f)  Is a parent of the person to be adopted, which parent
1195has been judicially declared incapacitated with restoration of
1196competency found to be medically improbable;
1197     (g)  Is a person who has legal custody of the person to be
1198adopted, other than a parent, who has failed to respond in
1199writing to a request for consent for a period of 60 days or,
1200after examination of his or her written reasons for withholding
1201consent, is found by the court to be withholding his or her
1202consent unreasonably;
1203     (h)  Has been properly served notice of the proceeding in
1204accordance with the requirements of this chapter, but has been
1205found by the court, after examining written reasons for the
1206withholding of consent, to be unreasonably withholding his or
1207her consent; or
1208     (i)  Is the spouse of the person to be adopted who has
1209failed to consent, and the failure of the spouse to consent to
1210the adoption is excused by reason of prolonged and unexplained
1211absence, unavailability, incapacity, or circumstances that are
1212found by the court to constitute unreasonable withholding of
1213consent.
1214     (4)  FINDING OF ABANDONMENT.--A finding of abandonment
1215resulting in a termination of parental rights must be based upon
1216clear and convincing evidence that a parent or person having
1217legal custody has abandoned the child in accordance with the
1218definition contained in s. 63.032 s. 63.032(1). A finding of
1219abandonment may also be based upon emotional abuse or a refusal
1220to provide reasonable financial support, when able, to a birth
1221mother during her pregnancy. If, in the opinion of the court,
1222the efforts of a parent or person having legal custody of the
1223child to support and communicate with the child are only
1224marginal efforts that do not evince a settled purpose to assume
1225all parental duties, the court may declare the child to be
1226abandoned. In making this decision, the court may consider the
1227conduct of a father toward the child's mother during her
1228pregnancy.
1229     (a)  In making a determination of abandonment at a hearing
1230for termination of parental rights under pursuant to this
1231chapter, the court shall must consider, among other relevant
1232factors not inconsistent with this section:
1233     1.  Whether the actions alleged to constitute abandonment
1234demonstrate a willful disregard for the safety or welfare of the
1235child or the unborn child;
1236     2.  Whether the person alleged to have abandoned the child,
1237while being able, failed to provide financial support;
1238     3.  Whether the person alleged to have abandoned the child,
1239while being able, failed to pay for medical treatment; and
1240     4.  Whether the amount of support provided or medical
1241expenses paid was appropriate, taking into consideration the
1242needs of the child and relative means and resources available to
1243the person alleged to have abandoned the child.
1244     (b)  The child has been abandoned when the parent of a
1245child is incarcerated on or after October 1, 2001, in a federal,
1246state, or county federal correctional institution and:
1247     1.  The period of time for which the parent has been or is
1248expected to be incarcerated will constitute a significant
1249substantial portion of the child's minority. In determining
1250whether the period of time is significant, the court shall
1251consider the child's age and the child's need for a permanent
1252and stable home. The period of time begins on the date that the
1253parent enters into incarceration period of time before the child
1254will attain the age of 18 years;
1255     2.  The incarcerated parent has been determined by a the
1256court of competent jurisdiction to be a violent career criminal
1257as defined in s. 775.084, a habitual violent felony offender as
1258defined in s. 775.084, convicted of child abuse as defined in s.
1259827.03, or a sexual predator as defined in s. 775.21; has been
1260convicted of first degree or second degree murder in violation
1261of s. 782.04 or a sexual battery that constitutes a capital,
1262life, or first degree felony violation of s. 794.011; or has
1263been convicted of a substantially similar an offense in another
1264jurisdiction which is substantially similar to one of the
1265offenses listed in this subparagraph. As used in this section,
1266the term "substantially similar offense" means any offense that
1267is substantially similar in elements and penalties to one of
1268those listed in this subparagraph, and that is in violation of a
1269law of any other jurisdiction, whether that of another state,
1270the District of Columbia, the United States or any possession or
1271territory thereof, or any foreign jurisdiction; or
1272     3.  The court determines by clear and convincing evidence
1273that continuing the parental relationship with the incarcerated
1274parent would be harmful to the child and, for this reason, that
1275termination of the parental rights of the incarcerated parent is
1276in the best interest of the child.
1277     (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1278ADOPTION.--
1279     (a)  The judgment terminating parental rights pending
1280adoption must be in writing and contain findings of fact as to
1281the grounds for terminating parental rights pending adoption.
1282     (b)  Within 7 days after filing, the court shall mail a
1283copy of the judgment to the department. The clerk shall execute
1284a certificate of the such mailing.
1285     (c)  The judgment terminating parental rights pending
1286adoption legally frees the child for subsequent adoption,
1287adjudicates the child's status, and may not be challenged by a
1288person claiming parental status who did not establish parental
1289rights before the filing of the petition for termination, except
1290as specifically provided in this chapter.
1291     (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1292     (a)  A motion for relief from a judgment terminating
1293parental rights must be filed with the court originally entering
1294the judgment. The motion must be filed within a reasonable time,
1295but not later than 1 year after the entry of the judgment
1296terminating parental rights. An unmarried biological father does
1297not have standing to seek relief from a judgment terminating
1298parental rights if the mother did not identify him to the
1299adoption entity before the date she signed a consent for
1300adoption or if he was not located because the mother failed or
1301refused to provide sufficient information to locate him.
1302     (8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1303records pertaining to a petition to terminate parental rights
1304pending adoption are related to the subsequent adoption of the
1305minor and are subject to the provisions of s. 63.162. An
1306unmarried biological father does not have standing to seek the
1307court case number or access the court file if the mother did not
1308identify him to the adoption entity before the date she signed
1309the consent for adoption. The confidentiality provisions of this
1310chapter do not apply to the extent information regarding persons
1311or proceedings is must be made available as specified under s.
131263.088.
1313     Section 15.  Subsection (1) of section 63.092, Florida
1314Statutes, is amended to read:
1315     63.092  Report to the court of intended placement by an
1316adoption entity; at-risk placement; preliminary study.--
1317     (1)  REPORT TO THE COURT.--The adoption entity must report
1318any intended placement of a minor for adoption with any person
1319who is not a relative or a stepparent if the adoption entity has
1320knowledge of, or participates in the, such intended placement.
1321The report must be made to the court before the minor is placed
1322in the home or within 2 business days 48 hours thereafter.
1323     Section 16.  Subsections (1) and (2) of section 63.102,
1324Florida Statutes, are amended to read:
1325     63.102  Filing of petition for adoption or declaratory
1326statement; venue; proceeding for approval of fees and costs.--
1327     (1)  PETITION FOR ADOPTION.--A petition for adoption may
1328not be filed until after the entry of the judgment or decree
1329terminating parental rights pending adoption under this chapter,
1330unless the adoptee is an adult or, the petitioner is a
1331stepparent or a relative, or the minor has been the subject of a
1332judgment terminating parental rights under chapter 39. After a
1333judgment terminating parental rights has been entered, a
1334proceeding for adoption may be commenced by filing a petition
1335entitled, "In the Matter of the Adoption of _____" in the
1336circuit court. The person to be adopted shall be designated in
1337the caption in the name by which he or she is to be known if the
1338petition is granted. Except for a joint petition for the
1339adoption of a stepchild, a relative, or an adult, any name by
1340which the minor was previously known may not be disclosed in the
1341petition, the notice of hearing, or the judgment of adoption, or
1342the court docket as provided in s. 63.162(3).
1343     (2)  VENUE.--A petition for adoption or for a declaratory
1344statement as to the adoption contract must shall be filed in the
1345county where the petition for termination of parental rights was
1346filed or granted, unless the court, in accordance with s.
134747.122, changes the venue to the county where the petitioner or
1348petitioners or the minor resides or where the adoption entity
1349with which the minor has been placed is located. The circuit
1350court in this state shall must retain jurisdiction over the
1351matter until a final judgment is entered on the adoption, either
1352within or outside the state. The Uniform Child Custody
1353Jurisdiction and Enforcement Act does not apply until a final
1354judgment is entered on the adoption.
1355     Section 17.  Subsection (3) of section 63.122, Florida
1356Statutes, is amended to read:
1357     63.122  Notice of hearing on petition.--
1358     (3)  Upon a showing by the petitioner or parent that the
1359privacy, safety, or and welfare of the petitioner, parent, or
1360minor may be endangered, the court may order that the names of
1361the petitioner, parent, or minor, or all both, to be deleted
1362from the notice of hearing and from the copy of the petition
1363attached thereto if, provided the substantive rights of any
1364person are will not thereby be affected.
1365     Section 18.  Subsection (4) of section 63.132, Florida
1366Statutes, is amended to read:
1367     63.132  Affidavit of expenses and receipts.--
1368     (4)  This section does not apply to an adoption by a
1369stepparent or an adoption of a relative or adult, the
1370finalization of an adoption of a minor if the parental rights
1371were terminated under chapter 39, or the domestication of an
1372adoption decree of a minor child adopted in a foreign country.
1373     Section 19.  Section 63.135, Florida Statutes, is amended
1374to read:
1375     63.135  Information under oath to be submitted to the
1376court.--
1377     (1)  The adoption entity or petitioner must file an
1378affidavit under the Uniform Child Custody Jurisdiction and
1379Enforcement Act in the termination of parental rights Each party
1380in an adoption proceeding, in the first pleading or in an
1381affidavit attached to that pleading, shall give information
1382under oath as to the child's present address, the places where
1383the child has lived within the last 5 years, and the names and
1384present addresses of the persons with whom the child has lived
1385during that period. In the pleading or affidavit each party
1386shall further declare under oath whether:
1387     (a)  The party has participated as a party or witness or in
1388any other capacity in any other litigation concerning the
1389custody of the same child in this or any other state;
1390     (b)  The party has information of any custody proceeding
1391concerning the child pending in a court of this or any other
1392state; and
1393     (c)  The party knows of any person not a party to the
1394proceedings who has physical custody of the child or claims to
1395have custody or visitation rights with respect to the child.
1396     (2)  If the declaration as to any item specified in
1397subsection (1) is in the affirmative, the declarant shall give
1398additional information under oath as required by the court. The
1399court may examine the parties under oath about details of the
1400information furnished and other matters pertinent to the court's
1401jurisdiction and judgment of adoption.
1402     (2)(3)  Each party has a continuing duty to inform the
1403court of any custody proceeding concerning the child in this or
1404any other state about which he or she obtained information
1405during this proceeding.
1406     Section 20.  Subsections (3) and (4) of section 63.142,
1407Florida Statutes, are amended to read:
1408     63.142  Hearing; judgment of adoption.--
1409     (3)  DISMISSAL.--
1410     (a)  If the petition is dismissed, further proceedings, if
1411any, regarding the minor must be brought in a separate custody
1412action under chapter 61, a dependency action under chapter 39,
1413or a paternity action under chapter 742 the court shall
1414determine the person that is to have custody of the minor.
1415     (b)  If the petition is dismissed, the court shall state
1416with specificity the reasons for the dismissal.
1417     (4)  JUDGMENT.--At the conclusion of the hearing, after the
1418court determines that the date for a parent to file an appeal of
1419a valid judgment terminating that parent's parental rights has
1420passed and no appeal, pursuant to the Florida Rules of Appellate
1421Procedure, is pending and that the adoption is in the best
1422interest of the person to be adopted, a judgment of adoption
1423shall be entered. A judgment terminating parental rights pending
1424adoption is voidable and any later judgment of adoption of that
1425minor is voidable if, upon a parent's motion for relief from
1426judgment, the court finds that the adoption substantially fails
1427to meet the requirements of this chapter. The motion must be
1428filed within a reasonable time, but not later than 1 year after
1429the date the judgment terminating parental rights was entered.
1430     Section 21.  Section 63.192, Florida Statutes, is amended
1431to read:
1432     63.192  Recognition of foreign judgment or decree affecting
1433adoption.--A judgment of court terminating the relationship of
1434parent and child or establishing the relationship by adoption,
1435or a decree granting legal guardianship for purposes of
1436adoption, issued pursuant to due process of law by a court or
1437authorized body of any other jurisdiction within or without the
1438United States shall be recognized in this state, and the rights
1439and obligations of the parties on matters within the
1440jurisdiction of this state shall be determined as though the
1441judgment or decree were issued by a court of this state. A
1442judgment or decree of a court or authorized body terminating the
1443relationship of a parent and child, whether independent,
1444incorporated in an adoption decree, or incorporated in a legal
1445guardianship order issued pursuant to due process of law of any
1446other jurisdiction within or without the United States, shall be
1447deemed to effectively terminate parental rights for purposes of
1448a proceeding on a petition for adoption in this state. If a
1449minor child has been made available for adoption in a foreign
1450state or foreign country and the parental rights of the minor
1451child's parent have been terminated or the child has been
1452declared to be abandoned or orphaned, no additional termination
1453of parental rights proceeding need occur, and the adoption may
1454be finalized according to the procedures set forth in this
1455chapter.
1456     Section 22.  Subsection (2) of section 63.212, Florida
1457Statutes, is amended to read:
1458     63.212  Prohibited acts; penalties for violation.--
1459     (2)(a)  It is unlawful for:
1460     (a)  Any person or adoption entity under this chapter to:
1461     1.  Knowingly provide false information; or
1462     2.  Knowingly withhold material information.
1463     (b)  It is unlawful for A parent, with the intent to
1464defraud, to accept benefits related to the same pregnancy from
1465more than one adoption entity without disclosing that fact to
1466each entity.
1467     (c)  It is unlawful for any person who knows that the
1468parent whose rights are to be terminated intends to object to
1469said termination to intentionally file the petition for
1470termination of parental rights in a county inconsistent with the
1471required venue under such circumstances.
1472
1473Any person who willfully violates any provision of this
1474subsection commits a misdemeanor of the second degree,
1475punishable as provided in s. 775.082 or s. 775.083. In addition,
1476the such person is liable for damages caused by such acts or
1477omissions, including reasonable attorney's fees and costs.
1478Damages may be awarded through restitution in any related
1479criminal prosecution or by filing a separate civil action.
1480     Section 23.  Section 63.236, Florida Statutes, is created
1481to read:
1482     63.236  Petitions filed before July 1, 2009; governing
1483law.--A petition for termination of parental rights filed before
1484July 1, 2009, is governed by the law in effect at the time the
1485petition was filed.
1486     Section 24.  Section 742.021, Florida Statutes, is amended
1487to read:
1488     742.021  Venue, process, complaint.--
1489     (1)  The proceedings must shall be in the circuit court of
1490the county where the plaintiff resides or of the county where
1491the defendant resides.
1492     (2)  The complaint shall assert aver sufficient facts
1493charging the paternity of the child. Upon filing of a complaint
1494seeking to determine paternity, the clerk of court shall issue a
1495notice to each petitioner and to each respondent or defendant
1496along with service of the petition. The notice must be in
1497substantially the following form:
1498
1499In order to preserve the right to notice and consent
1500to the adoption of the child, an unmarried biological
1501father must, as the "registrant," file a notarized
1502claim of paternity form with the Florida Putative
1503Father Registry maintained by the Office of Vital
1504Statistics of the Department of Health which includes
1505confirmation of his willingness and intent to support
1506the child for whom paternity is claimed in accordance
1507with state law. The claim of paternity may be filed at
1508any time before the child's birth, but a claim of
1509paternity may not be filed after the date a petition
1510is filed for termination of parental rights.
1511
1512     (3)  Process served on directed to the defendant must
1513require shall issue forthwith requiring the defendant to file
1514written defenses to the complaint in the same manner as suits in
1515chancery. Upon application and proof under oath, the court may
1516issue a writ of ne exeat against the defendant on such terms and
1517conditions and conditioned upon bond in such amount as the court
1518may determine.
1519     Section 25.  Subsection (1) of section 742.10, Florida
1520Statutes, is amended to read:
1521     742.10  Establishment of paternity for children born out of
1522wedlock.--
1523     (1)  Except as provided in chapters 39 and 63, this chapter
1524provides the primary jurisdiction and procedures for the
1525determination of paternity for children born out of wedlock. If
1526When the establishment of paternity has been raised and
1527determined within an adjudicatory hearing brought under the
1528statutes governing inheritance, or dependency under workers'
1529compensation or similar compensation programs; if, or when an
1530affidavit acknowledging paternity or a stipulation of paternity
1531is executed by both parties and filed with the clerk of the
1532court; if, or when an affidavit, a notarized voluntary
1533acknowledgment of paternity, or a voluntary acknowledgment of
1534paternity that is witnessed by two individuals and signed under
1535penalty of perjury as provided for in s. 382.013 or s. 382.016
1536is executed by both parties;, or if when paternity is
1537adjudicated by the Department of Revenue as provided in s.
1538409.256, such adjudication, affidavit, or acknowledgment
1539constitutes the establishment of paternity for purposes of this
1540chapter. If an no adjudicatory proceeding was not held, a
1541notarized voluntary acknowledgment of paternity or voluntary
1542acknowledgment of paternity, which that is witnessed by two
1543individuals and signed under penalty of perjury as specified by
1544s. 92.525(2), creates shall create a rebuttable presumption, as
1545defined by s. 90.304, of paternity and is subject to the right
1546of any signatory to rescind the acknowledgment within 60 days
1547after the date the acknowledgment was signed or the date of an
1548administrative or judicial proceeding relating to the child,
1549including a proceeding to establish a support order, in which
1550the signatory is a party, whichever is earlier. Both parents
1551must provide their social security numbers on any acknowledgment
1552of paternity, consent affidavit, or stipulation of paternity.
1553Except for affidavits under seal pursuant to ss. 382.015 and
1554382.016, the Office of Vital Statistics shall provide certified
1555copies of affidavits to the Title IV-D agency upon request.
1556     Section 26.  This act shall take effect July 1, 2008.


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