Bill Text: FL S1874 | 2012 | Regular Session | Comm Sub
Bill Title: Child Visitation and Adoption
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/CS/CS/HB 1163 -SJ 1043 [S1874 Detail]
Download: Florida-2012-S1874-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 1874 By the Committees on Judiciary; and Children, Families, and Elder Affairs; and Senator Wise 590-03655-12 20121874c2 1 A bill to be entitled 2 An act relating to child visitation and adoption; 3 amending s. 39.802, F.S.; requiring the Department of 4 Children and Family Services to inform the parents of 5 a child of the availability of private placement of 6 the child with an adoption entity in certain 7 circumstances; amending s. 63.022, F.S.; revising 8 legislative intent to delete reference to reporting 9 requirements for placements of minors and exceptions; 10 amending s. 63.032, F.S.; revising definitions; 11 amending s. 63.037, F.S.; exempting adoption 12 proceedings initiated under ch. 39, F.S., from a 13 requirement for a search of the Florida Putative 14 Father Registry; amending s. 63.039, F.S.; providing 15 that all adoptions of minor children require the use 16 of an adoption entity that will assume the 17 responsibilities provided in specified provisions; 18 providing an exception; amending s. 63.0423, F.S.; 19 revising terminology relating to surrendered infants; 20 providing for an infant who tests positive for illegal 21 drugs, narcotic prescription drugs, alcohol, or other 22 substances, but who shows no other signs of child 23 abuse or neglect, to be placed in the custody of an 24 adoption entity; providing that a specified reporting 25 requirement is not superseded; requiring that if the 26 Department of Children and Family Services is 27 contacted regarding a surrendered infant who does not 28 appear to have been the victim of actual or suspected 29 child abuse or neglect, the department shall provide 30 instruction to contact an adoption entity and may not 31 take custody of the infant; providing an exception; 32 revising provisions relating to scientific testing to 33 determine the paternity or maternity of a minor; 34 amending s. 63.0425, F.S.; requiring that a child’s 35 residence be continuous for a specified period in 36 order to entitle the grandparent to notice of certain 37 proceedings; amending s. 63.0427, F.S.; prohibiting a 38 court from increasing contact between an adopted child 39 and siblings, birth parents, or other relatives 40 without the consent of the adoptive parent or parents; 41 amending s. 63.052, F.S.; deleting a requirement that 42 a minor be permanently committed to an adoption entity 43 in order for the entity to be guardian of the person 44 of the minor; limiting the circumstances in which an 45 intermediary may remove a child; providing that an 46 intermediary does not become responsible for a minor 47 child’s medical bills that were incurred before taking 48 physical custody of the child; providing additional 49 placement options for a minor surrendered to an 50 adoption entity for subsequent adoption when a 51 suitable prospective adoptive home is not available; 52 amending s. 63.053, F.S.; requiring that an unmarried 53 biological father strictly comply with specified 54 provisions in order to protect his interests; amending 55 s. 63.054, F.S.; authorizing submission of an 56 alternative document to the Office of Vital Statistics 57 by the petitioner in each proceeding for termination 58 of parental rights; providing that by filing a claim 59 of paternity form, the registrant expressly consents 60 to paying for DNA testing; requiring that an 61 alternative address designated by a registrant be a 62 physical address; providing that the filing of a claim 63 of paternity with the Florida Putative Father Registry 64 does not relieve a person from compliance with 65 specified requirements; amending s. 63.062, F.S.; 66 revising requirements for when a minor’s father must 67 be served prior to termination of parental rights; 68 providing that consent of an unmarried biological 69 father is not required if he fails to comply with 70 specified requirements; revising such requirements; 71 providing that the mere fact that a father expresses a 72 desire to fulfill his responsibilities toward his 73 child which is unsupported by acts evidencing this 74 intent does not meet the requirements; providing for 75 the sufficiency of an affidavit of nonpaternity; 76 providing an exception to a condition to a petition to 77 adopt an adult; amending s. 63.063, F.S.; conforming 78 terminology; amending s. 63.082, F.S.; revising 79 provisions concerning applicability of notice and 80 consent requirements in cases in which the child is 81 conceived as a result of a violation of criminal law; 82 providing that a criminal conviction is not required 83 in order for the court to find that the child was 84 conceived as a result of a violation of criminal law; 85 requiring an affidavit of diligent search to be filed 86 whenever a person who is required to consent is 87 unavailable because the person cannot be located; 88 providing that in an adoption of a stepchild or a 89 relative, a certified copy of the death certificate of 90 the person whose consent is required may be attached 91 to the petition for adoption if a separate petition 92 for termination of parental rights is not being filed; 93 authorizing the execution of an affidavit of 94 nonpaternity before the birth of a minor in preplanned 95 adoptions; revising the language of the consent to 96 adoption; providing that a home study provided by the 97 adoption entity is deemed to be sufficient except in 98 certain circumstances; providing for a hearing if an 99 adoption entity moves to intervene in a dependency 100 case; revising provisions concerning seeking to revoke 101 consent to an adoption of a child older than 6 months 102 of age; providing that if the consent of one parent is 103 set aside or revoked, any other consents executed by 104 the other parent or a third party whose consent is 105 required for the adoption of the child may not be used 106 by the parent whose consent was revoked or set aside 107 to terminate or diminish the rights of the other 108 parent or third party; amending s. 63.085, F.S.; 109 revising the language of the adoption disclosure 110 statement; requiring that a copy of a waiver by 111 prospective adoptive parents of receipt of certain 112 records must be filed with the court; amending s. 113 63.087, F.S.; specifying that a failure to personally 114 appear at a proceeding to terminate parental rights 115 constitutes grounds for termination; amending s. 116 63.088, F.S.; providing that, in a termination of 117 parental rights proceeding, if a required inquiry 118 identifies a father who has been adjudicated by a 119 court as the father of the minor child before the date 120 a petition for termination of parental rights is 121 filed, the inquiry must terminate at that point; 122 amending s. 63.089, F.S.; specifying that failure to 123 personally appear provides grounds for termination of 124 parental rights in certain circumstances; revising 125 provisions relating to dismissal of petitions to 126 terminate parental rights; providing that contact 127 between a parent seeking relief from a judgment 128 terminating parental rights and a child may be awarded 129 only in certain circumstances; providing for placement 130 of a child in the event that a court grants relief 131 from a judgment terminating parental rights and no new 132 pleading is filed to terminate parental rights; 133 amending s. 63.092, F.S.; requiring that a signed copy 134 of the home study be provided to the intended adoptive 135 parents who were the subject of the study; amending s. 136 63.097, F.S.; providing guidelines for a court 137 considering a reasonable attorney fee associated with 138 adoption services; amending s. 63.152, F.S.; 139 authorizing an adoption entity to transmit a certified 140 statement of the entry of a judgment of adoption to 141 the state registrar of vital statistics; amending s. 142 63.162, F.S.; authorizing a birth parent to petition 143 the court to appoint an intermediary or an adoption 144 entity to contact an adult adoptee and advise both of 145 the availability of the adoption registry and that the 146 birth parent wishes to establish contact; amending s. 147 63.167, F.S.; requiring that the state adoption center 148 provide contact information for all adoption entities 149 in a caller’s county or, if no adoption entities are 150 located in the caller’s county, the number of the 151 nearest adoption entity when contacted for a referral 152 to make an adoption plan; amending s. 63.212, F.S.; 153 restricting who may place a paid advertisement or paid 154 listing of the person’s telephone number offering 155 certain adoption services; requiring publishers of 156 telephone directories to include certain statements at 157 the beginning of any classified heading for adoption 158 and adoption services; providing requirements for such 159 advertisements; providing criminal penalties for 160 violations; prohibiting the offense of adoption 161 deception by a person who is a birth mother or a woman 162 who holds herself out to be a birth mother; providing 163 criminal penalties; providing liability for certain 164 damages; amending s. 63.213, F.S.; providing that a 165 preplanned adoption arrangement does not constitute 166 consent of a mother to place her biological child for 167 adoption until 48 hours following birth; providing 168 that a volunteer mother’s right to rescind her consent 169 in a preplanned adoption applies only when the child 170 is genetically related to her; revising the 171 definitions of the terms “child,” “preplanned adoption 172 arrangement,” and “volunteer mother”; amending s. 173 63.222, F.S.; providing that provisions designated as 174 remedial may apply to any proceedings pending on the 175 effective date of the provisions; amending s. 63.2325, 176 F.S.; revising terminology relating to revocation of 177 consent to adoption; creating s. 753.06, F.S.; 178 adopting state standards for supervised visitation 179 programs; requiring each program to annually affirm 180 compliance with the standards to the court; providing 181 that after a specified date, only those programs that 182 adhere to the state standards may receive state 183 funding; creating s. 753.07, F.S.; providing factors 184 for the court or child-placing agency to consider when 185 referring cases for supervised visitation or exchange 186 monitoring; specifying training requirements for 187 persons providing such services; authorizing 188 supervised visitation programs to alert the court to 189 problems with referred cases; creating s. 753.08, 190 F.S.; requiring supervised visitation programs to 191 conduct security background checks of employees and 192 volunteers; providing requirements for such checks; 193 requiring that an employer furnish a copy of the 194 personnel record for the employee or former employee 195 upon request; providing immunity to employers who 196 provide information for purposes of a background 197 check; requiring that all applicants hired or 198 certified by a program after a specified date undergo 199 a level 2 background screening; delegating 200 responsibility for screening criminal history 201 information and for costs; authorizing a supervised 202 visitation program to participate in the Volunteer and 203 Employee Criminal History System in order to obtain 204 criminal history information; providing that certain 205 persons providing services at a supervised visitation 206 program are presumed to act in good faith; providing 207 that such persons acting in good faith are immune from 208 civil and criminal liability; providing an effective 209 date. 210 211 Be It Enacted by the Legislature of the State of Florida: 212 213 Section 1. Subsection (4) of section 39.802, Florida 214 Statutes, is amended to read: 215 39.802 Petition for termination of parental rights; filing; 216 elements.— 217 (4) A petition for termination of parental rights filed 218 under this chapter must contain facts supporting the following 219 allegations: 220 (a) That at least one of the grounds listed in s. 39.806 221 has been met. 222 (b) That the parents of the child were informed of their 223 right to counsel at all hearings that they attended and that a 224 dispositional order adjudicating the child dependent was entered 225 in any prior dependency proceeding relied upon in offering a 226 parent a case plan as described in s. 39.806. 227 (c) That the manifest best interests of the child, in 228 accordance with s. 39.810, would be served by the granting of 229 the petition. 230 (d) That the parents of the child were informed of the 231 availability of private placement of the child with an adoption 232 entity, as defined in s. 63.032(3). 233 Section 2. Paragraphs (e) through (m) of subsection (4) of 234 section 63.022, Florida Statutes, are redesignated as paragraphs 235 (d) through (l), respectively, and subsection (2) and present 236 paragraph (d) of subsection (4) of that section are amended to 237 read: 238 63.022 Legislative intent.— 239 (2) It is the intent of the Legislature that in every 240 adoption, the best interest of the child should govern and be of 241 foremost concern in the court’s determination. The court shall 242 make a specific finding as to the best interestsinterestof the 243 child in accordance with the provisions of this chapter. 244 (4) The basic safeguards intended to be provided by this 245 chapter are that: 246(d) All placements of minors for adoption are reported to247the Department of Children and Family Services, except relative,248adult, and stepparent adoptions.249 Section 3. Subsections (1), (3), (12), (17), and (19) of 250 section 63.032, Florida Statutes, are amended to read: 251 63.032 Definitions.—As used in this chapter, the term: 252 (1) “Abandoned” means a situation in which the parent or 253 person having legal custody of a child, while being able, makes 254 little or no provision for the child’s support and makes little 255 or no effort to communicate with the child, which situation is 256 sufficient to evince an intent to reject parental 257 responsibilities. If, in the opinion of the court, the efforts 258 of such parent or person having legal custody of the child to 259 support and communicate with the child are only marginal efforts 260 that do not evince a settled purpose to assume all parental 261 duties, the court may declare the child to be abandoned. In 262 making this decision, the court may consider the conduct of a 263 father towards the child’s mother during her pregnancy. 264 (3) “Adoption entity” means the department,an agency,a 265 child-caring agency registered under s. 409.176, an 266 intermediary, a Florida-licensed child-placing agency, or a 267 child-placing agency licensed in another state which is 268 qualified by the department to place children in the State of 269 Florida. 270 (12) “Parent” means a woman who gives birth to a child and 271 who is not a gestational surrogate as defined in s. 742.13 or a 272 man whose consent to the adoption of the child would be required 273 under s. 63.062(1). If a child has been legally adopted, the 274 term “parent” means the adoptive mother or father of the child. 275 The term does not include an individual whose parental 276 relationship to the child has been legally terminated or an 277 alleged or prospective parent. 278 (17) “Suitability of the intended placement” means the 279 fitness of the intended placement, with primary consideration 280 being given to the best interestsinterestof the child. 281 (19) “Unmarried biological father” means the child’s 282 biological father who is not married to the child’s mother at 283 the time of conception or on the date of the birth of the child 284 and who, before the filing of a petition to terminate parental 285 rights, has not been adjudicated by a court of competent 286 jurisdiction to be the legal father of the child or has not 287 filedexecutedan affidavit pursuant to s. 382.013(2)(c). 288 Section 4. Section 63.037, Florida Statutes, is amended to 289 read: 290 63.037 Proceedings applicable to cases resulting from a 291 termination of parental rights under chapter 39.—A case in which 292 a minor becomes available for adoption after the parental rights 293 of each parent have been terminated by a judgment entered 294 pursuant to chapter 39 shall be governed by s. 39.812 and this 295 chapter. Adoption proceedings initiated under chapter 39 are 296 exempt from the following provisions of this chapter: the search 297 of the Florida Putative Father Registry required in s. 298 63.054(7), if a search was previously completed and 299 documentation of the search is contained in the case file; 300 disclosure requirements for the adoption entity provided in s. 301 63.085(1); general provisions governing termination of parental 302 rights pending adoption provided in s. 63.087; notice and 303 service provisions governing termination of parental rights 304 pending adoption provided in s. 63.088; and procedures for 305 terminating parental rights pending adoption provided in s. 306 63.089. 307 Section 5. Subsections (2) through (4) of section 63.039, 308 Florida Statutes, are renumbered as subsections (3) through (5), 309 respectively, and a new subsection (2) is added to that section 310 to read: 311 63.039 Duty of adoption entity to prospective adoptive 312 parents; sanctions.— 313 (2) With the exception of an adoption by a relative or 314 stepparent, all adoptions of minor children require the use of 315 an adoption entity that will assume the responsibilities 316 provided in this section. 317 Section 6. Subsections (2), (4), (7), (8), and (9) of 318 section 63.0423, Florida Statutes, are amended to read: 319 63.0423 Procedures with respect to surrendered infants.— 320 (2) The licensed child-placing agency shall immediately 321 seek an order from the circuit court for emergency custody of 322 the surrendered infant. The emergency custody order shall remain 323 in effect until the court orders preliminary approval of 324 placement of the surrendered infant in the prospective home, at 325 which time the prospective adoptive parents become guardians 326 pending termination of parental rights and finalization of 327 adoption or until the court orders otherwise. The guardianship 328 of the prospective adoptive parents shall remain subject to the 329 right of the licensed child-placing agency to remove the 330 surrendered infant from the placement during the pendency of the 331 proceedings if such removal is deemed by the licensed child 332 placing agency to be in the best interestsinterestof the 333 child. The licensed child-placing agency may immediately seek to 334 place the surrendered infant in a prospective adoptive home. 335 (4) The parent who surrenders the infant in accordance with 336 s. 383.50 is presumed to have consented to termination of 337 parental rights, and express consent is not required. Except 338 when there is actual or suspected child abuse or neglect, the 339 licensed child-placing agency shall not attempt to pursue, 340 search for, or notify that parent as provided in s. 63.088 and 341 chapter 49. For purposes of s. 383.50 and this section, an 342 infant who tests positive for illegal drugs, narcotic 343 prescription drugs, alcohol, or other substances, but who shows 344 no other signs of child abuse or neglect, shall be placed in the 345 custody of a licensed child-placing agency. This provision does 346 not eliminate the reporting requirement under s. 383.50(7). When 347 the department is contacted regarding an infant properly 348 surrendered under this section and s. 383.50, the department 349 shall provide instruction to contact a licensed child-placing 350 agency and may not take custody of the infant unless reasonable 351 efforts to contact a licensed child-placing agency to accept the 352 infant have not been successful. 353 (7) If a claim of parental rights of a surrendered infant 354 is made before the judgment to terminate parental rights is 355 entered, the circuit court may hold the action for termination 356 of parental rightspending subsequent adoptionin abeyance for a 357 period of time not to exceed 60 days. 358 (a) The court may order scientific testing to determine 359 maternity or paternity at the expense of the parent claiming 360 parental rights. 361 (b) The court shall appoint a guardian ad litem for the 362 surrendered infant and order whatever investigation, home 363 evaluation, and psychological evaluation are necessary to 364 determine what is in the best interestsinterestof the 365 surrendered infant. 366 (c) The court may not terminate parental rights solely on 367 the basis that the parent left the infant at a hospital, 368 emergency medical services station, or fire station in 369 accordance with s. 383.50. 370 (d) The court shall enter a judgment with written findings 371 of fact and conclusions of law. 372 (8) Within 7 business days after recording the judgment, 373 the clerk of the court shall mail a copy of the judgment to the 374 department, the petitioner, and any personthe personswhose 375 consent waswererequired, if known. The clerk shall execute a 376 certificate of each mailing. 377 (9)(a) A judgment terminating parental rights pending 378 adoption is voidable, and any later judgment of adoption of that 379 minor is voidable, if, upon the motion of abirthparent, the 380 court finds that a person knowingly gave false information that 381 prevented thebirthparent from timely making known his or her 382 desire to assume parental responsibilities toward the minor or 383 from exercising his or her parental rights. A motion under this 384 subsection must be filed with the court originally entering the 385 judgment. The motion must be filed within a reasonable time but 386 not later than 1 year after the entry of the judgment 387 terminating parental rights. 388 (b) No later than 30 days after the filing of a motion 389 under this subsection, the court shall conduct a preliminary 390 hearing to determine what contact, if any, will be permitted 391 between abirthparent and the child pending resolution of the 392 motion. Such contact may be allowed only if it is requested by a 393 parent who has appeared at the hearing and the court determines 394 that it is in the best interestsinterestof the child. If the 395 court orders contact between abirthparent and the child, the 396 order must be issued in writing as expeditiously as possible and 397 must state with specificity any provisions regarding contact 398 with persons other than those with whom the child resides. 399 (c)At the preliminary hearing,The court, upon the motion400of any party or upon its own motion,may not order scientific 401 testing to determine the paternity or maternity of the minor 402 until such time as the court determines that a previously 403 entered judgment terminating the parental rights of that parent 404 is voidable pursuant to paragraph (a), unless all parties agree 405 that such testing is in the best interests of the childif the406person seeking to set aside the judgment is alleging to be the407child’s birth parent but has not previously been determined by408legal proceedings or scientific testing to be the birth parent. 409 Upon the filing of test results establishing that person’s 410 maternity or paternity of the surrendered infant, the court may 411 order visitation only if it appears to beas it deems412appropriate andin the best interestsinterestof the child. 413 (d) Within 45 days after the preliminary hearing, the court 414 shall conduct a final hearing on the motion to set aside the 415 judgment and shall enter its written order as expeditiously as 416 possible thereafter. 417 Section 7. Subsection (1) of section 63.0425, Florida 418 Statutes, is amended to read: 419 63.0425 Grandparent’s right to notice.— 420 (1) If a child has lived with a grandparent for at least 6 421 continuous months within the 24-month period immediately 422 preceding the filing of a petition for termination of parental 423 rights pending adoption, the adoption entity shall provide 424 notice to that grandparent of the hearing on the petition. 425 Section 8. Section 63.0427, Florida Statutes, is amended to 426 read: 427 63.0427 Agreements forAdopted minor’s right tocontinued 428 communication or contact between adopted child andwith429 siblings, parents, and other relatives.— 430 (1) A child whose parents have had their parental rights 431 terminated and whose custody has been awarded to the department 432 pursuant to s. 39.811, and who is the subject of a petition for 433 adoption under this chapter, shall have the right to have the 434 court consider the appropriateness of postadoption communication 435 or contact, including, but not limited to, visits, written 436 correspondence, or telephone calls, with his or her siblings or, 437 upon agreement of the adoptive parents, with the parents who 438 have had their parental rights terminated or other specified 439 biological relatives. The court shall consider the following in 440 making such determination: 441 (a) Any orders of the court pursuant to s. 39.811(7). 442 (b) Recommendations of the department, the foster parents 443 if other than the adoptive parents, and the guardian ad litem. 444 (c) Statements of the prospective adoptive parents. 445 (d) Any other information deemed relevant and material by 446 the court. 447 448 If the court determines that the child’s best interests will be 449 served by postadoption communication or contact, the court shall 450 so order, stating the nature and frequency offorthe 451 communication or contact. This order shall be made a part of the 452 final adoption order, butin no event shallthe continuing 453 validity of the adoption may not be contingent upon such 454 postadoption communication or contact and, nor shallthe ability 455 of the adoptive parents and child to change residence within or 456 outside the State of Florida may not be impaired by such 457 communication or contact. 458 (2) Notwithstandingthe provisions ofs. 63.162, the 459 adoptive parent may, at any time, petition for review of a 460 communication or contact order entered pursuant to subsection 461 (1), if the adoptive parent believes that the best interests of 462 the adopted child are being compromised, and the court mayshall463have authority toorder the communication or contact to be 464 terminated or modified, as the court deems to be in the best 465 interests of the adopted child; however, the court may not 466 increase contact between the adopted child and siblings, birth 467 parents, or other relatives without the consent of the adoptive 468 parent or parents. As part of the review process, the court may 469 order the parties to engage in mediation. The department shall 470 not be required to be a party to such review. 471 Section 9. Subsections (1), (2), (3), and (6) of section 472 63.052, Florida Statutes, are amended to read: 473 63.052 Guardians designated; proof of commitment.— 474 (1) For minors who have been placed for adoption withand475permanently committed toan adoption entity, other than an 476 intermediary, such adoption entity shall be the guardian of the 477 person of the minor and has the responsibility and authority to 478 provide for the needs and welfare of the minor. 479 (2) For minors who have been voluntarily surrendered to an 480 intermediary through an execution of a consent to adoption, the 481 intermediary shall be responsible for the minor until the time a 482 court orders preliminary approval of placement of the minor in 483 the prospective adoptive home, after which time the prospective 484 adoptive parents shall become guardians pending finalization of 485 adoption, subject to the intermediary’s right and responsibility 486 to remove the child from the prospective adoptive home if the 487 removal is deemed by the intermediary to be in the best 488 interestsinterestof the child. The intermediary may not remove 489 the child without a court order unless the child is in danger of 490 imminent harm. After the execution of adoption consents, the 491 intermediary is not responsible for the minor child’s medical 492 bills that were incurred before taking physical custody of the 493 child. BeforePrior tothe court’s entry of an order granting 494 preliminary approval of the placement, the intermediary shall 495 have the responsibility and authority to provide for the needs 496 and welfare of the minor. ANominor may notshallbe placed in 497 a prospective adoptive home until that home has received a 498 favorable preliminary home study, as provided in s. 63.092, 499 completed and approved within 1 year before such placement in 500 the prospective home. The provisions of s. 627.6578 shall remain 501 in effect notwithstanding the guardianship provisions in this 502 section. 503 (3) If a minor is surrendered to an adoption entity for 504 subsequent adoption and a suitable prospective adoptive home is 505 not available pursuant to s. 63.092 at the time the minor is 506 surrendered to the adoption entity, the minor must be placed in 507 a licensed foster care home,orwith a person or family that has 508 received a favorable preliminary home study pursuant to 509 subsection (2), or with a relative untilsucha suitable 510 prospective adoptive home is available. 511 (6) Unless otherwise authorized by law or ordered by the 512 court, the department is not responsible for expenses incurred 513 by other adoption entities participating in a placement of a 514 minor. 515 Section 10. Subsections (2) and (3) of section 63.053, 516 Florida Statutes, are amended to read: 517 63.053 Rights and responsibilities of an unmarried 518 biological father; legislative findings.— 519 (2) The Legislature finds that the interests of the state, 520 the mother, the child, and the adoptive parents described in 521 this chapter outweigh the interest of an unmarried biological 522 father who does not take action in a timely manner to establish 523 and demonstrate a relationship with his child in accordance with 524 the requirements of this chapter. An unmarried biological father 525 has the primary responsibility to protect his rights and is 526 presumed to know that his child may be adopted without his 527 consent unless he strictly complies withthe provisions ofthis 528 chapter and demonstrates a prompt and full commitment to his 529 parental responsibilities. 530 (3) The Legislature finds that a birth mother and a birth 531 father have a right oftoprivacy. 532 Section 11. Subsections (1), (2), (4), and (13) of section 533 63.054, Florida Statutes, are amended to read: 534 63.054 Actions required by an unmarried biological father 535 to establish parental rights; Florida Putative Father Registry.— 536 (1) In order to preserve the right to notice and consent to 537 an adoption under this chapter, an unmarried biological father 538 must, as the “registrant,” file a notarized claim of paternity 539 form with the Florida Putative Father Registry maintained by the 540 Office of Vital Statistics of the Department of Health which 541 includes confirmation of his willingness and intent to support 542 the child for whom paternity is claimed in accordance with state 543 law. The claim of paternity may be filed at any time before the 544 child’s birth, but may not be filed after the date a petition is 545 filed for termination of parental rights. In each proceeding for 546 termination of parental rights, the petitioner must submit to 547 the Office of Vital Statistics a copy of the petition for 548 termination of parental rights or a document executed by the 549 clerk of the court showing the style of the case, the names of 550 the persons whose rights are sought to be terminated, and the 551 date and time of the filing of the petition. The Office of Vital 552 Statistics may not record a claim of paternity after the date a 553 petition for termination of parental rights is filed. The 554 failure of an unmarried biological father to file a claim of 555 paternity with the registry before the date a petition for 556 termination of parental rights is filed also bars him from 557 filing a paternity claim under chapter 742. 558 (a) An unmarried biological father is excepted from the 559 time limitations for filing a claim of paternity with the 560 registry or for filing a paternity claim under chapter 742, if: 561 1. The mother identifies him to the adoption entity as a 562 potential biological father by the date she executes a consent 563 for adoption; and 564 2. He is served with a notice of intended adoption plan 565 pursuant to s. 63.062(3) and the 30-day mandatory response date 566 is later than the date the petition for termination of parental 567 rights is filed with the court. 568 (b) If an unmarried biological father falls within the 569 exception provided by paragraph (a), the petitioner shall also 570 submit to the Office of Vital Statistics a copy of the notice of 571 intended adoption plan and proof of service of the notice on the 572 potential biological father. 573 (c) An unmarried biological father who falls within the 574 exception provided by paragraph (a) may not file a claim of 575 paternity with the registry or a paternity claim under chapter 576 742 after the 30-day mandatory response date to the notice of 577 intended adoption plan has expired. The Office of Vital 578 Statistics may not record a claim of paternity 30 days after 579 service of the notice of intended adoption plan. 580 (2) By filing a claim of paternity form with the Office of 581 Vital Statistics, the registrant expressly consents to submit to 582 and pay for DNA testing upon the request of any party, the 583 registrant, or the adoption entity with respect to the child 584 referenced in the claim of paternity. 585 (4) Upon initial registration, or at any time thereafter, 586 the registrant may designate a physicalanaddress other than 587 his residential address for sending any communication regarding 588 his registration. Similarly, upon initial registration, or at 589 any time thereafter, the registrant may designate, in writing, 590 an agent or representative to receive any communication on his 591 behalf and receive service of process. The agent or 592 representative must file an acceptance of the designation, in 593 writing, in order to receive notice or service of process. The 594 failure of the designated representative or agent of the 595 registrant to deliver or otherwise notify the registrant of 596 receipt of correspondence from the Florida Putative Father 597 Registry is at the registrant’s own risk and doesshallnot 598 serve as a valid defense based upon lack of notice. 599 (13) The filing of a claim of paternity with the Florida 600 Putative Father Registry does not excuse or waive the obligation 601 of a petitioner to comply with the requirements of s. 63.088(4) 602 for conducting a diligent search and required inquiry with 603 respect to the identity of an unmarried biological father or 604 legal father which are set forth in this chapter. 605 Section 12. Paragraph (b) of subsection (1), subsections 606 (2), (3), and (4), and paragraph (a) of subsection (8) of 607 section 63.062, Florida Statutes, are amended to read: 608 63.062 Persons required to consent to adoption; affidavit 609 of nonpaternity; waiver of venue.— 610 (1) Unless supported by one or more of the grounds 611 enumerated under s. 63.089(3), a petition to terminate parental 612 rights pending adoption may be granted only if written consent 613 has been executed as provided in s. 63.082 after the birth of 614 the minor or notice has been served under s. 63.088 to: 615 (b) The father of the minor, if: 616 1. The minor was conceived or born while the father was 617 married to the mother; 618 2. The minor is his child by adoption; 619 3. The minor has been adjudicated by the court to be his 620 child beforebythe date a petitionis filedfor termination of 621 parental rights is filed; 622 4. He has filed an affidavit of paternity pursuant to s. 623 382.013(2)(c) or he is listed on the child’s birth certificate 624 beforebythe date a petitionis filedfor termination of 625 parental rights is filed; or 626 5. In the case of an unmarried biological father, he has 627 acknowledged in writing, signed in the presence of a competent 628 witness, that he is the father of the minor, has filed such 629 acknowledgment with the Office of Vital Statistics of the 630 Department of Health within the required timeframes, and has 631 complied with the requirements of subsection (2). 632 633 The status of the father shall be determined at the time of the 634 filing of the petition to terminate parental rights and may not 635 be modified, except as otherwise provided in s. 63.0423(9)(a), 636 for purposes of his obligations and rights under this chapter by 637 acts occurring after the filing of the petition to terminate 638 parental rights. 639 (2) In accordance with subsection (1), the consent of an 640 unmarried biological father shall be necessary only if the 641 unmarried biological father has complied with the requirements 642 of this subsection. 643 (a)1. With regard to a child who is placed with adoptive 644 parents more than 6 months after the child’s birth, an unmarried 645 biological father must have developed a substantial relationship 646 with the child, taken some measure of responsibility for the 647 child and the child’s future, and demonstrated a full commitment 648 to the responsibilities of parenthood by providing reasonable 649 and regular financial support to the child in accordance with 650 the unmarried biological father’s ability, if not prevented from 651 doing so by the person or authorized adoption entityagency652 having lawful custody of the child, and either: 653 a. Regularly visited the child at least monthly, when 654 physically and financially able to do so and when not prevented 655 from doing so by the birth mother or the person or authorized 656 agency having lawful custody of the child; or 657 b. Maintained regular communication with the child or with 658 the person or agency having the care or custody of the child, 659 when physically or financially unable to visit the child or when 660 not prevented from doing so by the birth mother or person or 661 authorized agency having lawful custody of the child. 6622. The mere fact that an unmarried biological father663expresses a desire to fulfill his responsibilities towards his664child which is unsupported by acts evidencing this intent does665not preclude a finding by the court that the unmarried666biological father failed to comply with the requirements of this667subsection.668 2.3.An unmarried biological father who openly lived with 669 the child for at least 6 months within the 1-year period 670 following the birth of the child and immediately preceding 671 placement of the child with adoptive parents and who openly held 672 himself out to be the father of the child during that period 673 shall be deemed to have developed a substantial relationship 674 with the child and to have otherwise met the requirements of 675 this paragraph. 676 (b) With regard to a child who isyounger than6 months of 677 age or younger at the time the child is placed with the adoptive 678 parents, an unmarried biological father must have demonstrated a 679 full commitment to his parental responsibility by having 680 performed all of the following acts prior to the time the mother 681 executes her consent for adoption: 682 1. Filed a notarized claim of paternity form with the 683 Florida Putative Father Registry within the Office of Vital 684 Statistics of the Department of Health, which form shall be 685 maintained in the confidential registry established for that 686 purpose and shall be considered filed when the notice is entered 687 in the registry of notices from unmarried biological fathers. 688 2. Upon service of a notice of an intended adoption plan or 689 a petition for termination of parental rights pending adoption, 690 executed and filed an affidavit in that proceeding stating that 691 he is personally fully able and willing to take responsibility 692 for the child, setting forth his plans for care of the child, 693 and agreeing to a court order of child support and a 694 contribution to the payment of living and medical expenses 695 incurred for the mother’s pregnancy and the child’s birth in 696 accordance with his ability to pay. 697 3. If he had knowledge of the pregnancy, paid a fair and 698 reasonable amount of the living and medical expenses incurred in 699 connection with the mother’s pregnancy and the child’s birth, in 700 accordance with his financial ability and when not prevented 701 from doing so by the birth mother or person or authorized agency 702 having lawful custody of the child. The responsibility of the 703 unmarried biological father to provide financial assistance to 704 the birth mother during her pregnancy and to the child after 705 birth is not abated because support is being provided to the 706 birth mother or child by the adoption entity, a prospective 707 adoptive parent, or a third party, nor does it serve as a basis 708 to excuse the birth father’s failure to provide support. 709 (c) The mere fact that a father expresses a desire to 710 fulfill his responsibilities toward his child which is 711 unsupported by acts evidencing this intent does not meet the 712 requirements of this section. 713 (d)(c)The petitioner shall file with the court a 714 certificate from the Office of Vital Statistics stating that a 715 diligent search has been made of the Florida Putative Father 716 Registry of notices from unmarried biological fathers described 717 in subparagraph (b)1. and that no filing has been found 718 pertaining to the father of the child in question or, if a 719 filing is found, stating the name of the putative father and the 720 time and date of filing. That certificate shall be filed with 721 the court prior to the entry of a final judgment of termination 722 of parental rights. 723 (e)(d)An unmarried biological father who does not comply 724 with each of the conditions provided in this subsection is 725 deemed to have waived and surrendered any rights in relation to 726 the child, including the right to notice of any judicial 727 proceeding in connection with the adoption of the child, and his 728 consent to the adoption of the child is not required. 729 (3) Pursuant to chapter 48, an adoption entity shall serve 730 a notice of intended adoption plan upon any known and locatable 731 unmarried biological father who is identified to the adoption 732 entity by the mother by the date she signs her consent for 733 adoption if the child is 6 months of age or younger at the time 734 the consent is executedor who is identified by a diligent735search of the Florida Putative Father Registry, or upon an736entity whose consent is required. Service of the notice of 737 intended adoption plan is not requiredmandatorywhen the 738 unmarried biological father signs a consent for adoption or an 739 affidavit of nonpaternity or when the child is more than 6 740 months of age at the time of the execution of the consent by the 741 mother. The notice may be served at any time before the child’s 742 birth or before placing the child in the adoptive home. The 743 recipient of the notice may waive service of process by 744 executing a waiver and acknowledging receipt of the plan. The 745 notice of intended adoption plan must specifically state that if 746 the unmarried biological father desires to contest the adoption 747 plan he must, within 30 days after service, file with the court 748 a verified response that contains a pledge of commitment to the 749 child in substantial compliance with subparagraph (2)(b)2. and a 750 claim of paternity form with the Office of Vital Statistics, and 751 must provide the adoption entity with a copy of the verified 752 response filed with the court and the claim of paternity form 753 filed with the Office of Vital Statistics. The notice must also 754 include instructions for submitting a claim of paternity form to 755 the Office of Vital Statistics and the address to which the 756 claim must be sent. If the party served with the notice of 757 intended adoption plan is an entity whose consent is required, 758 the notice must specifically state that the entity must file, 759 within 30 days after service, a verified response setting forth 760 a legal basis for contesting the intended adoption plan, 761 specifically addressing the best interestsinterestof the 762 child. 763 (a) If the unmarried biological father or entity whose 764 consent is required fails to timely and properly file a verified 765 response with the court and, in the case of an unmarried 766 biological father, a claim of paternity form with the Office of 767 Vital Statistics, the court shall enter a default judgment 768 against theanyunmarried biological father or entity and the 769 consent of that unmarried biological father or entity shall no 770 longer be required under this chapter and shall be deemed to 771 have waived any claim of rights to the child. To avoid an entry 772 of a default judgment, within 30 days after receipt of service 773 of the notice of intended adoption plan: 774 1. The unmarried biological father must: 775 a. File a claim of paternity with the Florida Putative 776 Father Registry maintained by the Office of Vital Statistics; 777 b. File a verified response with the court which contains a 778 pledge of commitment to the child in substantial compliance with 779 subparagraph (2)(b)2.; and 780 c. Provide support for the birth mother and the child. 781 2. The entity whose consent is required must file a 782 verified response setting forth a legal basis for contesting the 783 intended adoption plan, specifically addressing the best 784 interestsinterestof the child. 785 (b) If the mother identifies a potential unmarried 786 biological father within the timeframes required by the statute, 787 whose location is unknown, the adoption entity shall conduct a 788 diligent search pursuant to s. 63.088. If, upon completion of a 789 diligent search, the potential unmarried biological father’s 790 location remains unknown and a search of the Florida Putative 791 Father Registry fails to reveal a match, the adoption entity 792 shall request in the petition for termination of parental rights 793 pending adoption that the court declare the diligent search to 794 be in compliance with s. 63.088, that the adoption entity has no 795 further obligation to provide notice to the potential unmarried 796 biological father, on or before the date of filing a petition to 797 terminate parental rights, and that the potential unmarried 798 biological father’s consent to the adoption is not required. 799 (4) Any person whose consent is required under paragraph 800 (1)(b), or any other man, may execute an irrevocable affidavit 801 of nonpaternity in lieu of a consent under this section and by 802 doing so waives notice to all court proceedings after the date 803 of execution. An affidavit of nonpaternity must be executed as 804 provided in s. 63.082. The affidavit of nonpaternity may be 805 executed prior to the birth of the child. The person executing 806 the affidavit must receive disclosure under s. 63.085 prior to 807 signing the affidavit. For purposes of this chapter, an 808 affidavit of nonpaternity is sufficient if it contains a 809 specific denial of parental obligations, and does not need to 810 deny the existence of a biological relationship. 811 (8) A petition to adopt an adult may be granted if: 812 (a) Written consent to adoption has been executed by the 813 adult and the adult’s spouse, if any, unless the spouse’s 814 consent is waived by the court for good cause. 815 Section 13. Subsection (2) of section 63.063, Florida 816 Statutes, is amended to read: 817 63.063 Responsibility of parents for actions; fraud or 818 misrepresentation; contesting termination of parental rights and 819 adoption.— 820 (2) Any person injured by a fraudulent representation or 821 action in connection with an adoption may pursue civil or 822 criminal penalties as provided by law. A fraudulent 823 representation is not a defense to compliance with the 824 requirements of this chapter and is not a basis for dismissing a 825 petition for termination of parental rights or a petition for 826 adoption, for vacating an adoption decree, or for granting 827 custody to the offended party. Custody and adoption 828 determinations must be based on the best interestsinterestof 829 the child in accordance with s. 61.13. 830 Section 14. Paragraph (d) of subsection (1), paragraphs (c) 831 and (d) of subsection (3), paragraphs (a), (d), and (e) of 832 subsection (4), and subsections (6) and (7) of section 63.082, 833 Florida Statutes, are amended to read: 834 63.082 Execution of consent to adoption or affidavit of 835 nonpaternity; family social and medical history; revocation 836withdrawalof consent.— 837 (1) 838 (d) Thenotice andconsent provisions of this chapter as 839 they relate to the fatherbirthof a childor to legal fathers840 do not apply in cases in which the child is conceived as a 841 result of a violation of the criminal laws of this or another 842 state or country, including, but not limited to, sexual battery, 843 unlawful sexual activity with certain minors under s. 794.05, 844 lewd acts perpetrated upon a minor, or incest. A criminal 845 conviction is not required for the court to find that the child 846 was conceived as a result of a violation of the criminal laws of 847 this state or another state or country. 848 (3) 849 (c) If any person who is required to consent is unavailable 850 because the person cannot be located, anthe petition to851terminate parental rights pending adoption must be accompanied852by theaffidavit of diligent search required under s. 63.088 853 shall be filed. 854 (d) If any person who is required to consent is unavailable 855 because the person is deceased, the petition to terminate 856 parental rights pending adoption must be accompanied by a 857 certified copy of the death certificate. In an adoption of a 858 stepchild or a relative, the certified copy of the death 859 certificate of the person whose consent is required maymustbe 860 attached to the petition for adoption if a separate petition for 861 termination of parental rights is not being filed. 862 (4)(a) An affidavit of nonpaternity may be executed before 863 the birth of the minor; however, the consent to an adoption may 864shallnot be executed before the birth of the minor except in a 865 preplanned adoption pursuant to s. 63.213. 866 (d) The consent to adoption or the affidavit of 867 nonpaternity must be signed in the presence of two witnesses and 868 be acknowledged before a notary public who is not signing as one 869 of the witnesses. The notary public must legibly note on the 870 consent or the affidavit the date and time of execution. The 871 witnesses’ names must be typed or printed underneath their 872 signatures. The witnesses’ home or business addresses must be 873 included. The person who signs the consent or the affidavit has 874 the right to have at least one of the witnesses be an individual 875 who does not have an employment, professional, or personal 876 relationship with the adoption entity or the prospective 877 adoptive parents. The adoption entity must give reasonable 878 advance notice to the person signing the consent or affidavit of 879 the right to select a witness of his or her own choosing. The 880 person who signs the consent or affidavit must acknowledge in 881 writing on the consent or affidavit that such notice was given 882 and indicate the witness, if any, who was selected by the person 883 signing the consent or affidavit. The adoption entity must 884 include its name, address, and telephone number on the consent 885 to adoption or affidavit of nonpaternity. 886 (e) A consent to adoption being executed by the birth 887 parent must be in at least 12-point boldfaced type and shall 888 contain the following recitation of rightsin substantially the889following form: 890 CONSENT TO ADOPTION 891 892 YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES 893 NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP 894 WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO 895 BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A 896 WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE 897 NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR 898 WITNESSES YOU SELECTED, IF ANY. 899 900 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY 901 OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE 902 SIGNING THIS CONSENT: 903 904 1. CONSULT WITH AN ATTORNEY; 905 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE 906 LEGALLY PROHIBITED; 907 3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR 908 FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD; 909 4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; 910 AND 911 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE 912 AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION. 913 914 IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS 915 TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE 916 EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP 917 YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED 918 FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL 919 OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE 920 IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT 921 FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF 922 BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN 923 WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT 924 SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH 925 CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY 926 BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE 927 BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS 928 VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED 929WITHDRAWNUNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR 930 DURESS. 931 932 IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR 933 DURESS AND YOU WISH TO INVALIDATEREVOKETHAT CONSENT, YOU MUST: 934 935 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT 936 YOU WISH TO WITHDRAW YOUR CONSENT; AND 937 2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR 938 DURESS. 939 940 This statement of rights is not required for the adoption of a 941 relative, an adult, a stepchild, or a child older than 6 months 942 of age. A consent form for the adoption of a child older than 6 943 months of age at the time of the execution of consent must 944 contain a statement outlining the revocation rights provided in 945 paragraph (c). 946 (6)(a) If a parent executes a consent for placement of a 947 minor with an adoption entity or qualified prospective adoptive 948 parents and the minor child is in the custody of the department, 949 but parental rights have not yet been terminated, the adoption 950 consent is valid, binding, and enforceable by the court. 951 (b) Upon execution of the consent of the parent, the 952 adoption entity shall be permitted tomayintervene in the 953 dependency case as a party in interest and must provide the 954 court that acquiredhavingjurisdiction over the minor, pursuant 955 to the shelter or dependency petition filed by the department, a 956 copy of the preliminary home study of the prospective adoptive 957 parents and any other evidence of the suitability of the 958 placement. The preliminary home study must be maintained with 959 strictest confidentiality within the dependency court file and 960 the department’s file. A preliminary home study must be provided 961 to the court in all cases in which an adoption entity has 962 intervened pursuant to this section. Unless the court has 963 concerns regarding the qualifications of the home study 964 provider, or concerns that the home study may not be adequate to 965 determine the best interests of the child, the home study 966 provided by the adoption entity shall be deemed to be sufficient 967 and no additional home study needs to be performed by the 968 department. 969 (c) If an adoption entity files a motion to intervene in 970 the dependency case in accordance with this chapter, the 971 dependency court shall promptly grant a hearing to determine 972 whether the adoption entity has filed the required documents to 973 be permitted to intervene and whether a change of placement of 974 the child is appropriate. At the time the court orders 975 intervention, the adoption entity shall provide the prospective 976 adoptive parents with a written list of all Model Approach to 977 Partnerships in Parenting (MAPP) class training programs within 978 a 50-mile radius of the residence of the prospective adoptive 979 parents. 980 (d)(c)Upon a determination by the court that the 981 prospective adoptive parents are properly qualified to adopt the 982 minor child and that the adoption appears to be in the best 983 interestsinterestof the minor child, the court shall 984 immediately order the transfer of custody of the minor child to 985 the prospective adoptive parents, under the supervision of the 986 adoption entity. The adoption entity shall thereafter provide 987 monthly supervision reports to the department until finalization 988 of the adoption. 989 (e)(d)In determining whether the best interestsinterest990 of the child areisserved by transferring the custody of the 991 minor child to the prospective adoptive parent selected by the 992 parent, the court shall consider the rights of the parent to 993 determine an appropriate placement for the child, the permanency 994 offered, the child’s bonding with any potential adoptive home 995 that the child has been residing in, and the importance of 996 maintaining sibling relationships, if possible. 997 (7) If a person is seeking to revokewithdrawconsent for a 998 child older than 6 months of agewho has been placed with999prospective adoptive parents: 1000 (a) The person seeking to revokewithdrawconsent must, in 1001 accordance with paragraph (4)(c), notify the adoption entity in 1002 writing by certified mail, return receipt requested, within 3 1003 business days after execution of the consent. As used in this 1004 subsection, the term “business day” means any day on which the 1005 United States Postal Service accepts certified mail for 1006 delivery. 1007 (b) Upon receiving timely written notice from a person 1008 whose consent to adoption is required of that person’s desire to 1009 revokewithdrawconsent, the adoption entity must contact the 1010 prospective adoptive parent to arrange a time certain for the 1011 adoption entity to regain physical custody of the minor, unless, 1012 upon a motion for emergency hearing by the adoption entity, the 1013 court determines in written findings that placement of the minor 1014 with the person who had legal or physical custody of the child 1015 immediately before the child was placed for adoption may 1016 endanger the minor or that the person who desires to revoke 1017withdrawconsent is not required to consent to the adoption, has 1018 been determined to have abandoned the child, or is otherwise 1019 subject to a determination that the person’s consent is waived 1020 under this chapter. 1021 (c) If the court finds that the placement may endanger the 1022 minor, the court shall enter an order continuing the placement 1023 of the minor with the prospective adoptive parents pending 1024 further proceedings if they desire continued placement. If the 1025 prospective adoptive parents do not desire continued placement, 1026 the order must include, but need not be limited to, a 1027 determination of whether temporary placement in foster care, 1028 with the person who had legal or physical custody of the child 1029 immediately before placing the child for adoption, or with a 1030 relative is in the best interestsinterestof the child and 1031 whether an investigation by the department is recommended. 1032 (d) If the person revokingwithdrawingconsent claims to be 1033 the father of the minor but has not been established to be the 1034 father by marriage, court order, or scientific testing, the 1035 court may order scientific paternity testing and reserve ruling 1036 on removal of the minor until the results of such testing have 1037 been filed with the court. 1038 (e) The adoption entity must return the minor within 3 1039 business days after timely and proper notification of the 1040 revocationwithdrawalof consent or after the court determines 1041 that revocationwithdrawalis timely and in accordance with the 1042 requirements of this chaptervalid and bindingupon 1043 consideration of an emergency motion, as filed pursuant to 1044 paragraph (b), to the physical custody of the person revoking 1045withdrawingconsent or the person directed by the court. If the 1046 person seeking to revokewithdrawconsent claims to be the 1047 father of the minor but has not been established to be the 1048 father by marriage, court order, or scientific testing, the 1049 adoption entity may return the minor to the care and custody of 1050 the mother, if she desires such placement and she is not 1051 otherwise prohibited by law from having custody of the child. 1052 (f) Following the revocation periodfor withdrawal of1053consentdescribed in paragraph (a), or the placement of the1054child with the prospective adoptive parents,whichever occurs1055later, consent may be set asidewithdrawnonly when the court 1056 finds that the consent was obtained by fraud or duress. 1057 (g) An affidavit of nonpaternity may be set asidewithdrawn1058 only if the court finds that the affidavit was obtained by fraud 1059 or duress. 1060 (h) If the consent of one parent is set aside or revoked in 1061 accordance with this chapter, any other consents executed by the 1062 other parent or a third party whose consent is required for the 1063 adoption of the child may not be used by the parent whose 1064 consent was revoked or set aside to terminate or diminish the 1065 rights of the other parent or third party whose consent was 1066 required for the adoption of the child. 1067 Section 15. Subsection (1) and paragraph (a) of subsection 1068 (2) of section 63.085, Florida Statutes, are amended, and 1069 paragraph (c) is added to subsection (2) of that section, to 1070 read: 1071 63.085 Disclosure by adoption entity.— 1072 (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE 1073 PARENTS.—Within 14 days after a person seeking to adopt a minor 1074 or a person seeking to place a minor for adoption contacts an 1075 adoption entity in person or provides the adoption entity with a 1076 mailing address, the entity must provide a written disclosure 1077 statement to that person if the entity agrees or continues to 1078 work with the person. The adoption entity shall also provide the 1079 written disclosure to the parent who did not initiate contact 1080 with the adoption entity within 14 days after that parent is 1081 identified and located. For purposes of providing the written 1082 disclosure, a person is considered to be seeking to place a 1083 minor for adoption if that person has sought information or 1084 advice from the adoption entity regarding the option of adoptive 1085 placement. The written disclosure statement must be in 1086 substantially the following form: 1087 1088 ADOPTION DISCLOSURE 1089 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO 1090 ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A 1091 MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS 1092 REGARDING ADOPTION UNDER FLORIDA LAW: 1093 1094 1. The name, address, and telephone number of the adoption 1095 entity providing this disclosure is: 1096 Name: 1097 Address: 1098 Telephone Number: 1099 2. The adoption entity does not provide legal 1100 representation or advice to parents or anyone signing a consent 1101 for adoption or affidavit of nonpaternity, and parents have the 1102 right to consult with an attorney of their own choosing to 1103 advise them. 1104 3. With the exception of an adoption by a stepparent or 1105 relative, a child cannot be placed into a prospective adoptive 1106 home unless the prospective adoptive parents have received a 1107 favorable preliminary home study, including criminal and child 1108 abuse clearances. 1109 4. A valid consent for adoption may not be signed by the 1110 birth mother until 48 hours after the birth of the child, or the 1111 day the birth mother is notified, in writing, that she is fit 1112 for discharge from the licensed hospital or birth center. Any 1113 man may sign a valid consent for adoption at any time after the 1114 birth of the child. 1115 5. A consent for adoption signed before the child attains 1116 the age of 6 months is binding and irrevocable from the moment 1117 it is signed unless it can be proven in court that the consent 1118 was obtained by fraud or duress. A consent for adoption signed 1119 after the child attains the age of 6 months is valid from the 1120 moment it is signed; however, it may be revoked up to 3 business 1121 days after it was signed. 1122 6. A consent for adoption is not valid if the signature of 1123 the person who signed the consent was obtained by fraud or 1124 duress. 1125 7. An unmarried biological father must act immediately in 1126 order to protect his parental rights. Section 63.062, Florida 1127 Statutes, prescribes that any father seeking to establish his 1128 right to consent to the adoption of his child must file a claim 1129 of paternity with the Florida Putative Father Registry 1130 maintained by the Office of Vital Statistics of the Department 1131 of Health by the date a petition to terminate parental rights is 1132 filed with the court, or within 30 days after receiving service 1133 of a Notice of Intended Adoption Plan. If he receives a Notice 1134 of Intended Adoption Plan, he must file a claim of paternity 1135 with the Florida Putative Father Registry, file a parenting plan 1136 with the court, and provide financial support to the mother or 1137 child within 30 days following service. An unmarried biological 1138 father’s failure to timely respond to a Notice of Intended 1139 Adoption Plan constitutes an irrevocable legal waiver of any and 1140 all rights that the father may have to the child. A claim of 1141 paternity registration form for the Florida Putative Father 1142 Registry may be obtained from any local office of the Department 1143 of Health, Office of Vital Statistics, the Department of 1144 Children and Families, the Internet websites for these agencies, 1145 and the offices of the clerks of the Florida circuit courts. The 1146 claim of paternity form must be submitted to the Office of Vital 1147 Statistics, Attention: Adoption Unit, P.O. Box 210, 1148 Jacksonville, FL 32231. 1149 8. There are alternatives to adoption, including foster 1150 care, relative care, and parenting the child. There may be 1151 services and sources of financial assistance in the community 1152 available to parents if they choose to parent the child. 1153 9. A parent has the right to have a witness of his or her 1154 choice, who is unconnected with the adoption entity or the 1155 adoptive parents, to be present and witness the signing of the 1156 consent or affidavit of nonpaternity. 1157 10. A parent 14 years of age or younger must have a parent, 1158 legal guardian, or court-appointed guardian ad litem to assist 1159 and advise the parent as to the adoption plan and to witness 1160 consent. 1161 11. A parent has a right to receive supportive counseling 1162 from a counselor, social worker, physician, clergy, or attorney. 1163 12. The payment of living or medical expenses by the 1164 prospective adoptive parents before the birth of the child does 1165 not, in any way, obligate the parent to sign the consent for 1166 adoption. 1167 (2) DISCLOSURE TO ADOPTIVE PARENTS.— 1168 (a) At the time that an adoption entity is responsible for 1169 selecting prospective adoptive parents for a born or unborn 1170 child whose parents are seeking to place the child for adoption 1171 or whose rights were terminated pursuant to chapter 39, the 1172 adoption entity must provide the prospective adoptive parents 1173 with information concerning the background of the child to the 1174 extent such information is disclosed to the adoption entity by 1175 the parents, legal custodian, or the department. This subsection 1176 applies only if the adoption entity identifies the prospective 1177 adoptive parents and supervises thephysicalplacement of the 1178 child in the prospective adoptive parents’ home. If any 1179 information cannot be disclosed because the records custodian 1180 failed or refused to produce the background information, the 1181 adoption entity has a duty to provide the information if it 1182 becomes available. An individual or entity contacted by an 1183 adoption entity to obtain the background information must 1184 release the requested information to the adoption entity without 1185 the necessity of a subpoena or a court order. In all cases, the 1186 prospective adoptive parents must receive all available 1187 information by the date of the final hearing on the petition for 1188 adoption. The information to be disclosed includes: 1189 1. A family social and medical history form completed 1190 pursuant to s. 63.162(6). 1191 2. The biological mother’s medical records documenting her 1192 prenatal care and the birth and delivery of the child. 1193 3. A complete set of the child’s medical records 1194 documenting all medical treatment and care since the child’s 1195 birth and before placement. 1196 4. All mental health, psychological, and psychiatric 1197 records, reports, and evaluations concerning the child before 1198 placement. 1199 5. The child’s educational records, including all records 1200 concerning any special education needs of the child before 1201 placement. 1202 6. Records documenting all incidents that required the 1203 department to provide services to the child, including all 1204 orders of adjudication of dependency or termination of parental 1205 rights issued pursuant to chapter 39, any case plans drafted to 1206 address the child’s needs, all protective services 1207 investigations identifying the child as a victim, and all 1208 guardian ad litem reports filed with the court concerning the 1209 child. 1210 7. Written information concerning the availability of 1211 adoption subsidies for the child, if applicable. 1212 (c) If the cost to the prospective adoptive parent or 1213 parents of obtaining the medical records described in paragraph 1214 (a) exceeds $500, the prospective adoptive parent or parents may 1215 waive the receipt of the records by providing written 1216 notification of the waiver to the adoption entity and filing a 1217 copy of the written notification in the court file. 1218 Section 16. Subsection (6) of section 63.087, Florida 1219 Statutes, is amended to read: 1220 63.087 Proceeding to terminate parental rights pending 1221 adoption; general provisions.— 1222 (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the 1223 petition or any pleading requiring an answer must be filed in 1224 accordance with the Florida Family Law Rules of Procedure. 1225 Failure to file a written response to the petition constitutes 1226 grounds upon which the court may terminate parental rights. 1227 Failure to personally appear at the hearing constitutes grounds 1228 upon which the court may terminate parental rights. Any person 1229 present at the hearing to terminate parental rights pending 1230 adoption whose consent to adoption is required under s. 63.062 1231 must: 1232 (a) Be advised by the court that he or she has a right to 1233 ask that the hearing be reset for a later date so that the 1234 person may consult with an attorney; and 1235 (b) Be given an opportunity to admit or deny the 1236 allegations in the petition. 1237 Section 17. Subsection (4) of section 63.088, Florida 1238 Statutes, is amended to read: 1239 63.088 Proceeding to terminate parental rights pending 1240 adoption; notice and service; diligent search.— 1241 (4) REQUIRED INQUIRY.—In proceedings initiated under s. 1242 63.087, the court shall conduct an inquiry of the person who is 1243 placing the minor for adoption and of any relative or person 1244 having legal custody of the minor who is present at the hearing 1245 and likely to have the following information regarding the 1246 identity of: 1247 (a) Any man to whom the mother of the minor was married at 1248 any time when conception of the minor may have occurred or at 1249 the time of the birth of the minor; 1250 (b) Any man who has filed an affidavit of paternity 1251 pursuant to s. 382.013(2)(c) before the date that a petition for 1252 termination of parental rights is filed with the court; 1253 (c) Any man who has adopted the minor; 1254 (d) Any man who has been adjudicated by a court as the 1255 father of the minor child before the date a petition for 1256 termination of parental rights is filed with the court; and 1257 (e) Any man whom the mother identified to the adoption 1258 entity as a potential biological father before the date she 1259 signed the consent for adoption. 1260 1261 The information sought under this subsection may be provided to 1262 the court in the form of a sworn affidavit by a person having 1263 personal knowledge of the facts, addressing each inquiry 1264 enumerated in this subsection, except that, if the inquiry 1265 identifies a father under paragraph (a), paragraph (b),or1266 paragraph (c), or paragraph (d), the inquiry may not continue 1267 further. The inquiry required under this subsection may be 1268 conducted before the birth of the minor. 1269 Section 18. Subsection (3), paragraph (b) of subsection 1270 (4), and subsections (5) and (7) of section 63.089, Florida 1271 Statutes, are amended to read: 1272 63.089 Proceeding to terminate parental rights pending 1273 adoption; hearing; grounds; dismissal of petition; judgment.— 1274 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING 1275 ADOPTION.—The court may enter a judgment terminating parental 1276 rights pending adoption if the court determines by clear and 1277 convincing evidence, supported by written findings of fact, that 1278 each person whose consent to adoption is required under s. 1279 63.062: 1280 (a) Has executed a valid consent under s. 63.082 and the 1281 consent was obtained according to the requirements of this 1282 chapter; 1283 (b) Has executed an affidavit of nonpaternity and the 1284 affidavit was obtained according to the requirements of this 1285 chapter; 1286 (c) Has been served with a notice of the intended adoption 1287 plan in accordance with the provisions of s. 63.062(3) and has 1288 failed to respond within the designated time period; 1289 (d) Has been properly served notice of the proceeding in 1290 accordance with the requirements of this chapter and has failed 1291 to file a written answer or personally appear at the evidentiary 1292 hearing resulting in the judgment terminating parental rights 1293 pending adoption; 1294 (e) Has been properly served notice of the proceeding in 1295 accordance with the requirements of this chapter and has been 1296 determined under subsection (4) to have abandoned the minor; 1297 (f) Is a parent of the person to be adopted, which parent 1298 has been judicially declared incapacitated with restoration of 1299 competency found to be medically improbable; 1300 (g) Is a person who has legal custody of the person to be 1301 adopted, other than a parent, who has failed to respond in 1302 writing to a request for consent for a period of 60 days or, 1303 after examination of his or her written reasons for withholding 1304 consent, is found by the court to be withholding his or her 1305 consent unreasonably; 1306 (h) Has been properly served notice of the proceeding in 1307 accordance with the requirements of this chapter, but has been 1308 found by the court, after examining written reasons for the 1309 withholding of consent, to be unreasonably withholding his or 1310 her consent; or 1311 (i) Is the spouse of the person to be adopted who has 1312 failed to consent, and the failure of the spouse to consent to 1313 the adoption is excused by reason of prolonged and unexplained 1314 absence, unavailability, incapacity, or circumstances that are 1315 found by the court to constitute unreasonable withholding of 1316 consent. 1317 (4) FINDING OF ABANDONMENT.—A finding of abandonment 1318 resulting in a termination of parental rights must be based upon 1319 clear and convincing evidence that a parent or person having 1320 legal custody has abandoned the child in accordance with the 1321 definition contained in s. 63.032. A finding of abandonment may 1322 also be based upon emotional abuse or a refusal to provide 1323 reasonable financial support, when able, to a birth mother 1324 during her pregnancy. 1325 (b) The child has been abandoned when the parent of a child 1326 is incarcerated on or after October 1, 2001, in a federal, 1327 state, or county correctional institution and: 1328 1. The period of time for which the parent has been or is 1329 expected to be incarcerated will constitute a significant 1330 portion of the child’s minority. In determining whether the 1331 period of time is significant, the court shall consider the 1332 child’s age and the child’s need for a permanent and stable 1333 home. The period of time begins on the date that the parent 1334 enters into incarceration; 1335 2. The incarcerated parent has been determined by a court 1336 of competent jurisdiction to be a violent career criminal as 1337 defined in s. 775.084, a habitual violent felony offender as 1338 defined in s. 775.084, convicted of child abuse as defined in s. 1339 827.03, or a sexual predator as defined in s. 775.21; has been 1340 convicted of first degree or second degree murder in violation 1341 of s. 782.04 or a sexual battery that constitutes a capital, 1342 life, or first degree felony violation of s. 794.011; or has 1343 been convicted of a substantially similar offense in another 1344 jurisdiction. As used in this section, the term “substantially 1345 similar offense” means any offense that is substantially similar 1346 in elements and penalties to one of those listed in this 1347 subparagraph, and that is in violation of a law of any other 1348 jurisdiction, whether that of another state, the District of 1349 Columbia, the United States or any possession or territory 1350 thereof, or any foreign jurisdiction; or 1351 3. The court determines by clear and convincing evidence 1352 that continuing the parental relationship with the incarcerated 1353 parent would be harmful to the child and, for this reason, 1354 termination of the parental rights of the incarcerated parent is 1355 in the best interestsinterestof the child. 1356 (5) DISMISSAL OF PETITION.—If the court does not find by 1357 clear and convincing evidence that parental rights of a parent 1358 should be terminated pending adoption, the court must dismiss 1359 the petition and that parent’s parental rights that were the 1360 subject of such petition shall remain in full force under the 1361 law. The order must include written findings in support of the 1362 dismissal, including findings as to the criteria in subsection 1363 (4) if rejecting a claim of abandonment. 1364 (a) Parental rights may not be terminated based upon a 1365 consent that the court finds has been timely revokedwithdrawn1366 under s. 63.082 or a consent to adoption or affidavit of 1367 nonpaternity that the court finds was obtained by fraud or 1368 duress. 1369 (b) The court must enter an order based upon written 1370 findings providing for the placement of the minor, but the court 1371 may not proceed to determine custody between competing eligible 1372 parties. The placement of the child shall revert to the parent 1373 or guardian who had physical custody of the child at the time of 1374 the placement for adoption unless the court determines upon 1375 clear and convincing evidence that this placement is not in the 1376 best interests of the child or is not an available option for 1377 the child. The court may not change the placement of a child who 1378 has established a bonded relationship with the current caregiver 1379 without providing for a reasonable transition plan consistent 1380 with the best interests of the child. The court may direct the 1381 parties to participate in a reunification or unification plan 1382 with a qualified professional to assist the child in the 1383 transition. The court may order scientific testing to determine 1384 the paternity of the minor only if the court has determined that 1385 the consent of the alleged father would be required, unless all 1386 parties agree that such testing is in the best interests of the 1387 child. The court may not order scientific testing to determine 1388 paternity of an unmarried biological father if the child has a 1389 father as described in s. 63.088(4)(a)-(d) whose rights have not 1390 been previously terminatedat any time during which the court1391has jurisdiction over the minor. Further proceedings, if any, 1392 regarding the minor must be brought in a separate custody action 1393 under chapter 61, a dependency action under chapter 39, or a 1394 paternity action under chapter 742. 1395 (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.— 1396 (a) A motion for relief from a judgment terminating 1397 parental rights must be filed with the court originally entering 1398 the judgment. The motion must be filed within a reasonable time, 1399 but not later than 1 year after the entry of the judgment. An 1400 unmarried biological father does not have standing to seek 1401 relief from a judgment terminating parental rights if the mother 1402 did not identify him to the adoption entity before the date she 1403 signed a consent for adoption or if he was not located because 1404 the mother failed or refused to provide sufficient information 1405 to locate him. 1406 (b) No later than 30 days after the filing of a motion 1407 under this subsection, the court must conduct a preliminary 1408 hearing to determine what contact, if any, shall be permitted 1409 between a parent and the child pending resolution of the motion. 1410 Such contact shall be considered only if it is requested by a 1411 parent who has appeared at the hearing and may not be awarded 1412 unless the parent previously established a bonded relationship 1413 with the child and the parent has pled a legitimate legal basis 1414 and established a prima facie case for setting aside the 1415 judgment terminating parental rights. If the court orders 1416 contact between a parent and child, the order must be issued in 1417 writing as expeditiously as possible and must state with 1418 specificity any provisions regarding contact with persons other 1419 than those with whom the child resides. 1420 (c) At the preliminary hearing, the court, upon the motion 1421 of any party or upon its own motion, may order scientific 1422 testing to determine the paternity of the minor if the person 1423 seeking to set aside the judgment is alleging to be the child’s 1424 father and that fact has not previously been determined by 1425 legitimacy or scientific testing. The court may order visitation 1426 with a person for whom scientific testing for paternity has been 1427 ordered and who has previously established a bonded relationship 1428 with the child. 1429 (d) Unless otherwise agreed between the parties or for good 1430 cause shown, the court shall conduct a final hearing on the 1431 motion for relief from judgment within 45 days after the filing 1432 and enter its written order as expeditiously as possible 1433 thereafter. 1434 (e) If the court grants relief from the judgment 1435 terminating parental rights and no new pleading is filed to 1436 terminate parental rights, the placement of the child shall 1437 revert to the parent or guardian who had physical custody of the 1438 child at the time of the original placement for adoption unless 1439 the court determines upon clear and convincing evidence that 1440 this placement is not in the best interests of the child or is 1441 not an available option for the child. The court may not change 1442 the placement of a child who has established a bonded 1443 relationship with the current caregiver without providing for a 1444 reasonable transition plan consistent with the best interests of 1445 the child. The court may direct the parties to participate in a 1446 reunification or unification plan with a qualified professional 1447 to assist the child in the transition. The court may not direct 1448 the placement of a child with a person other than the adoptive 1449 parents without first obtaining a favorable home study of that 1450 person and any other persons residing in the proposed home and 1451 shall take whatever additional steps are necessary and 1452 appropriate for the physical and emotional protection of the 1453 child. 1454 Section 19. Subsection (3) of section 63.092, Florida 1455 Statutes, is amended to read: 1456 63.092 Report to the court of intended placement by an 1457 adoption entity; at-risk placement; preliminary study.— 1458 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the 1459 intended adoptive home, a preliminary home study must be 1460 performed by a licensed child-placing agency, a child-caring 1461 agency registered under s. 409.176, a licensed professional, or 1462 agency described in s. 61.20(2), unless the adoptee is an adult 1463 or the petitioner is a stepparent or a relative. If the adoptee 1464 is an adult or the petitioner is a stepparent or a relative, a 1465 preliminary home study may be required by the court for good 1466 cause shown. The department is required to perform the 1467 preliminary home study only if there is no licensed child 1468 placing agency, child-caring agency registered under s. 409.176, 1469 licensed professional, or agency described in s. 61.20(2), in 1470 the county where the prospective adoptive parents reside. The 1471 preliminary home study must be made to determine the suitability 1472 of the intended adoptive parents and may be completed prior to 1473 identification of a prospective adoptive minor. A favorable 1474 preliminary home study is valid for 1 year after the date of its 1475 completion. Upon its completion, a signed copy of the home study 1476 must be provided to the intended adoptive parents who were the 1477 subject of the home study. A minor may not be placed in an 1478 intended adoptive home before a favorable preliminary home study 1479 is completed unless the adoptive home is also a licensed foster 1480 home under s. 409.175. The preliminary home study must include, 1481 at a minimum: 1482 (a) An interview with the intended adoptive parents; 1483 (b) Records checks of the department’s central abuse 1484 registry and criminal records correspondence checks under s. 1485 39.0138 through the Department of Law Enforcement on the 1486 intended adoptive parents; 1487 (c) An assessment of the physical environment of the home; 1488 (d) A determination of the financial security of the 1489 intended adoptive parents; 1490 (e) Documentation of counseling and education of the 1491 intended adoptive parents on adoptive parenting; 1492 (f) Documentation that information on adoption and the 1493 adoption process has been provided to the intended adoptive 1494 parents; 1495 (g) Documentation that information on support services 1496 available in the community has been provided to the intended 1497 adoptive parents; and 1498 (h) A copy of each signed acknowledgment of receipt of 1499 disclosure required by s. 63.085. 1500 1501 If the preliminary home study is favorable, a minor may be 1502 placed in the home pending entry of the judgment of adoption. A 1503 minor may not be placed in the home if the preliminary home 1504 study is unfavorable. If the preliminary home study is 1505 unfavorable, the adoption entity may, within 20 days after 1506 receipt of a copy of the written recommendation, petition the 1507 court to determine the suitability of the intended adoptive 1508 home. A determination as to suitability under this subsection 1509 does not act as a presumption of suitability at the final 1510 hearing. In determining the suitability of the intended adoptive 1511 home, the court must consider the totality of the circumstances 1512 in the home. ANominor may not be placed in a home in which 1513 there resides any person determined by the court to be a sexual 1514 predator as defined in s. 775.21 or to have been convicted of an 1515 offense listed in s. 63.089(4)(b)2. 1516 Section 20. Subsection (7) is added to section 63.097, 1517 Florida Statutes, to read: 1518 63.097 Fees.— 1519 (7) In determining reasonable attorney fees, the court 1520 shall use the following criteria: 1521 (a) The time and labor required, the novelty and difficulty 1522 of the question involved, and the skill requisite to perform the 1523 legal service properly. 1524 (b) The likelihood, if apparent to the client, that the 1525 acceptance of the particular employment will preclude other 1526 employment by the attorney. 1527 (c) The fee customarily charged in the locality for similar 1528 legal services. 1529 (d) The amount involved in the subject matter of the 1530 representation, the responsibility involved in the 1531 representation, and the results obtained. 1532 (e) The time limitations imposed by the client or by the 1533 circumstances and, as between attorney and client, any 1534 additional or special time demands or requests of the attorney 1535 by the client. 1536 (f) The nature and length of the professional relationship 1537 with the client. 1538 (g) The experience, reputation, diligence, and ability of 1539 the attorney or attorneys performing the service and the skill, 1540 expertise, or efficiency of effort reflected in the actual 1541 providing of such services. 1542 (h) Whether the fee is fixed or contingent. 1543 Section 21. Section 63.152, Florida Statutes, is amended to 1544 read: 1545 63.152 Application for new birth record.—Within 30 days 1546 after entry of a judgment of adoption, the clerk of the court or 1547 the adoption entity shall transmit a certified statement of the 1548 entry to the state registrar of vital statistics on a form 1549 provided by the registrar. A new birth record containing the 1550 necessary information supplied by the certificate shall be 1551 issued by the registrar on application of the adopting parents 1552 or the adopted person. 1553 Section 22. Subsection (7) of section 63.162, Florida 1554 Statutes, is amended to read: 1555 63.162 Hearings and records in adoption proceedings; 1556 confidential nature.— 1557 (7) The court may, upon petition of an adult adoptee or 1558 birth parent, for good cause shown, appoint an intermediary or 1559 adoption entitya licensed child-placing agencyto contact a 1560 birth parent or adult adoptee, as applicable, who has not 1561 registered with the adoption registry pursuant to s. 63.165 and 1562 advise boththemof the availability of the intermediary or 1563 adoption entity and that the birth parent or adult adoptee, as 1564 applicable, wishes to establish contactsame. 1565 Section 23. Paragraph (c) of subsection (2) of section 1566 63.167, Florida Statutes, is amended to read: 1567 63.167 State adoption information center.— 1568 (2) The functions of the state adoption information center 1569 shall include: 1570 (c) Operating a toll-free telephone number to provide 1571 information and referral services. The state adoption 1572 information center shall provide contact information for all 1573 adoption entities in the caller’s county or, if no adoption 1574 entities are located in the caller’s county, the number of the 1575 nearest adoption entity when contacted for a referral to make an 1576 adoption plan and shall rotate the order in which the names of 1577 adoption entities are provided to callers. 1578 Section 24. Paragraph (g) of subsection (1) and subsections 1579 (2) and (8) of section 63.212, Florida Statutes, are amended to 1580 read: 1581 63.212 Prohibited acts; penalties for violation.— 1582 (1) It is unlawful for any person: 1583 (g) Except an adoption entity, to advertise or offer to the 1584 public, in any way, by any medium whatever that a minor is 1585 available for adoption or that a minor is sought for adoption; 1586 and, further, it is unlawful for any person to publish or 1587 broadcast any such advertisement or assist an unlicensed person 1588 or entity in publishing or broadcasting any such advertisement 1589 without including a Florida license number of the agency or 1590 attorney placing the advertisement. 1591 1. Only a person who is an attorney licensed to practice 1592 law in this state or an adoption entity licensed under the laws 1593 of this state may place a paid advertisement or paid listing of 1594 the person’s telephone number, on the person’s own behalf, in a 1595 telephone directory that: 1596 a. A child is offered or wanted for adoption; or 1597 b. The person is able to place, locate, or receive a child 1598 for adoption. 1599 2. A person who publishes a telephone directory that is 1600 distributed in this state: 1601 a. Shall include, at the beginning of any classified 1602 heading for adoption and adoption services, a statement that 1603 informs directory users that only attorneys licensed to practice 1604 law in this state and licensed adoption entities may legally 1605 provide adoption services under state law. 1606 b. May publish an advertisement described in subparagraph 1607 1. in the telephone directory only if the advertisement contains 1608 the following: 1609 (I) For an attorney licensed to practice law in this state, 1610 the attorney’s Florida Bar number. 1611 (II) For an adoption entity licensed under the laws of this 1612 state, the number on the adoption entity license. 1613 (2) Any woman who is a birth mother, or a woman who holds 1614 herself out to be a birth mother, who is interested in making an 1615 adoption plan and who knowingly or intentionally benefits from 1616 the payment of adoption-related expenses in connection with that 1617 adoption plan commits adoption deception if: 1618 (a) The person knows or should have known that the woman is 1619 not pregnant at the time the sums were requested or received; 1620 (b) The woman accepts living expenses assistance from a 1621 prospective adoptive parent or adoption entity without 1622 disclosing that she is receiving living expenses assistance from 1623 another prospective adoptive parent or adoption entity at the 1624 same time in an effort to adopt the same child; or 1625 (c) The woman knowingly makes false representations to 1626 induce the payment of living expenses and does not intend to 1627 make an adoptive placement.It is unlawful for:1628(a) Any person or adoption entity under this chapter to:16291. Knowingly provide false information; or16302. Knowingly withhold material information.1631(b) A parent, with the intent to defraud, to accept1632benefits related to the same pregnancy from more than one1633adoption entity without disclosing that fact to each entity.1634 1635 Any person who willfully commits adoption deceptionviolates any1636provision of this subsectioncommits a misdemeanor of the second 1637 degree, punishable as provided in s. 775.082 or s. 775.083, if 1638 the sums received by the birth mother or woman holding herself 1639 out to be a birth mother do not exceed $300, and a felony of the 1640 third degree, punishable as provided in s. 775.082, s. 775.083, 1641 or s. 775.084, if the sums received by the birth mother or woman 1642 holding herself out to be a birth mother exceed $300. In 1643 addition, the person is liable for damages caused by such acts 1644 or omissions, including reasonable attorneyattorney’sfees and 1645 costs incurred by the adoption entity or the prospective 1646 adoptive parent. Damages may be awarded through restitution in 1647 any related criminal prosecution or by filing a separate civil 1648 action. 1649 (8) Unless otherwise indicated, a person who willfully and 1650 with criminal intent violates any provision of this section, 1651 excluding paragraph (1)(g), commits a felony of the third 1652 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1653 775.084. A person who willfully and with criminal intent 1654 violates paragraph (1)(g) commits a misdemeanor of the second 1655 degree, punishable as provided in s. 775.083; and each day of 1656 continuing violation shall be considered a separate offense. In 1657 addition, any person who knowingly publishes or assists with the 1658 publication of any advertisement or other publication that 1659 violates the requirements of paragraph (1)(g) commits a 1660 misdemeanor of the second degree, punishable as provided in s. 1661 775.083, and may be required to pay a fine of up to $150 per day 1662 for each day of continuing violation. 1663 Section 25. Paragraph (b) of subsection (1), paragraphs (a) 1664 and (e) of subsection (2), and paragraphs (b), (h), and (i) of 1665 subsection (6) of section 63.213, Florida Statutes, are amended 1666 to read: 1667 63.213 Preplanned adoption agreement.— 1668 (1) Individuals may enter into a preplanned adoption 1669 arrangement as specified in this section, but such arrangement 1670 may not in any way: 1671 (b) Constitute consent of a mother to place her biological 1672 child for adoption until 48 hours after thefollowingbirth of 1673 the child and unless the court making the custody determination 1674 or approving the adoption determines that the mother was aware 1675 of her right to rescind within the 48-hour period after the 1676followingbirth of the child but chose not to rescind such 1677 consent. The volunteer mother’s right to rescind her consent in 1678 a preplanned adoption applies only when the child is genetically 1679 related to her. 1680 (2) A preplanned adoption agreement must include, but need 1681 not be limited to, the following terms: 1682 (a) That the volunteer mother agrees to become pregnant by 1683 the fertility technique specified in the agreement, to bear the 1684 child, and to terminate any parental rights and responsibilities 1685 to the child she might have through a written consent executed 1686 at the same time as the preplanned adoption agreement, subject 1687 to a right of rescission by the volunteer mother any time within 1688 48 hours after the birth of the child, if the volunteer mother 1689 is genetically related to the child. 1690 (e) That the intended father and intended mother 1691 acknowledge that they may not receive custody or the parental 1692 rights under the agreement if the volunteer mother terminates 1693 the agreement or if the volunteer mother rescinds her consent to 1694 place her child for adoption within 48 hours after the birth of 1695 the child, if the volunteer mother is genetically related to the 1696 child. 1697 (6) As used in this section, the term: 1698 (b) “Child” means the child or children conceived by means 1699 of a fertility techniquean inseminationthat is part of a 1700 preplanned adoption arrangement. 1701 (h) “Preplanned adoption arrangement” means the arrangement 1702 through which the parties enter into an agreement for the 1703 volunteer mother to bear the child, for payment by the intended 1704 father and intended mother of the expenses allowed by this 1705 section, for the intended father and intended mother to assert 1706 full parental rights and responsibilities to the child if 1707 consent to adoption is not rescinded after birth by athe1708 volunteer mother who is genetically related to the child, and 1709 for the volunteer mother to terminate, subject to anyaright of 1710 rescission, all her parental rights and responsibilities to the 1711 child in favor of the intended father and intended mother. 1712 (i) “Volunteer mother” means a female at least 18 years of 1713 age who voluntarily agrees, subject to a right of rescission if 1714 it is her biological child, that if she should become pregnant 1715 pursuant to a preplanned adoption arrangement, she will 1716 terminate her parental rights and responsibilities to the child 1717 in favor of the intended father and intended mother. 1718 Section 26. Section 63.222, Florida Statutes, is amended to 1719 read: 1720 63.222 Effect on prior adoption proceedings.—Any adoption 1721 made before October 1, 2012, isthe effective date of this act1722shall bevalid, and any proceedings pending on thatthe1723effectivedate and any subsequent amendments theretoof this act1724 are not affected unless the amendment is designated as a 1725 remedial provisionthereby. 1726 Section 27. Section 63.2325, Florida Statutes, is amended 1727 to read: 1728 63.2325 Conditions for invalidationrevocationof a consent 1729 to adoption or affidavit of nonpaternity.—Notwithstanding the 1730 requirements of this chapter, a failure to meet any of those 1731 requirements does not constitute grounds for invalidation 1732revocationof a consent to adoption or revocationwithdrawalof 1733 an affidavit of nonpaternity unless the extent and circumstances 1734 of such a failure result in a material failure of fundamental 1735 fairness in the administration of due process, or the failure 1736 constitutes or contributes to fraud or duress in obtaining a 1737 consent to adoption or affidavit of nonpaternity. 1738 Section 28. Section 753.06, Florida Statutes, is created to 1739 read: 1740 753.06 Standards; funding limitations.— 1741 (1) The standards provided in the final report submitted to 1742 the Legislature pursuant to s. 753.03(4) shall be the state’s 1743 standards for supervised visitation and exchange monitoring. 1744 (2) Each supervised visitation program must annually affirm 1745 in a written agreement with the court that it abides by the 1746 standards. If the program has a contract with a child-placing 1747 agency, that contract must include an affirmation that the 1748 program complies with the standards. A copy of the agreement or 1749 contract must be made available to any party upon request. 1750 (3) On or after January 1, 2013, only a supervised 1751 visitation program that has affirmed in a written agreement with 1752 the court that it abides by and is in compliance with the state 1753 standards may receive state funding for supervised visitation or 1754 exchange monitoring services. 1755 Section 29. Section 753.07, Florida Statutes, is created to 1756 read: 1757 753.07 Referrals.— 1758 (1) Courts and referring child-placing agencies must adhere 1759 to the following priorities when determining where to refer 1760 cases for supervised visitation or exchange monitoring: 1761 (a) For cases that are filed under chapter 61 or chapter 1762 741 in which the courts are the primary source of referrals, the 1763 court shall direct referrals as follows: 1764 1. The order must refer the parties to a supervised 1765 visitation program that has a written agreement with the court 1766 as provided in s. 753.06(2) if such a program exists in the 1767 community. 1768 2. If a program does not exist, or if the existing program 1769 is not able to accept the referral for any reason, the court may 1770 refer the case to a local licensed mental health professional. 1771 Such professional is not required to abide by the state 1772 standards established in s. 753.06; however, the professional 1773 must affirm to the court in writing that he or she has completed 1774 the clearinghouse’s free, online supervised visitation training 1775 program and has read and understands the state standards. 1776 (b) In cases governed by chapter 39, the referring child 1777 placing agency must adhere to the following: 1778 1. The agency that has primary responsibility for the case 1779 must ensure that each family is assessed for problems that could 1780 present safety risks during parent-child contact. If risks are 1781 found, agency staff shall consider referring the parties to a 1782 local supervised visitation program that has affirmed in writing 1783 that it adheres to the state standards if such a program exists 1784 in the community. 1785 2. If agency staff determines that supervised visitation is 1786 unnecessary, such program does not exist, or the existing 1787 program is unable to accept the referral for any reason, the 1788 child protective investigator or case manager who has primary 1789 responsibility for the case may: 1790 a. Supervise the parent-child contact himself or herself. 1791 However, before a child protective investigator or case manager 1792 may supervise visits, he or she must review or receive training 1793 on the online training manual for the state’s supervised 1794 visitation programs and affirm in writing to his or her own 1795 agency that he or she has received training on, or has reviewed 1796 and understands, the state standards. 1797 b. Designate a foster parent or relative to supervise the 1798 parent-child visits in those cases that do not warrant the 1799 supervision of the child protective investigator or case 1800 manager. However, the designated foster parent or relative must 1801 first be apprised that the case manager conducted a safety 1802 assessment described in subparagraph 1., and must be provided 1803 access to free training material on the foster parent’s or 1804 relative’s role in supervised visitation. Such materials may be 1805 created by the clearinghouse using existing or new material and 1806 must be approved by the department. Such training may be 1807 included in any preservice foster parent training conducted by 1808 the agency. 1809 3. If a program does not exist, or if the existing program 1810 is unable to accept the referral and the child protective 1811 investigator or case manager is unable to supervise the parent 1812 child contact or designate a foster parent or relative to 1813 supervise the visits as described in subparagraph 2., the agency 1814 that has primary responsibility for the case may refer the case 1815 to other qualified staff within that agency to supervise the 1816 contact. However, before such staff member may supervise any 1817 visits, he or she must review or receive training on the online 1818 training manual for supervised visitation programs and affirm in 1819 writing to his or her own agency that he or she has received 1820 training on, or has reviewed and understands, the training 1821 manual and the state standards. 1822 4. The agency that has primary responsibility for the case 1823 may not refer the case to a subcontractor or other agency to 1824 perform the supervised visitation unless that subcontractor’s or 1825 other agency’s child protective investigators or case managers 1826 who supervise onsite or offsite visits have reviewed or received 1827 training on the clearinghouse’s online training manual for 1828 supervised visitation programs and affirm to their own agency 1829 that they have received training on, or have reviewed and 1830 understand, the training manual and the state standards. 1831 (2) This section does not prohibit the court from allowing 1832 a litigant’s relatives or friends to supervise visits if the 1833 court determines that such supervision is safe. However, such 1834 informal supervisors must be made aware of the free online 1835 clearinghouse materials that they may voluntarily choose to 1836 review. These materials must provide information that helps 1837 educate the informal supervisors about the inherent risks and 1838 complicated dynamics of supervised visitation. 1839 (3) Supervised visitation programs may alert the court in 1840 writing if there are problems with referred cases and the court 1841 may set a hearing to address these problems. 1842 Section 30. Section 753.08, Florida Statutes, is created to 1843 read: 1844 753.08 Security background checks; immunity.— 1845 (1) Because of the special trust or responsibility placed 1846 on volunteers and employees of supervised visitation programs, 1847 such program must conduct a security background investigation 1848 before hiring an employee or certifying a volunteer. 1849 (a) A security background investigation must include, but 1850 need not be limited to, employment history checks, reference 1851 checks, local criminal history records checks through local law 1852 enforcement agencies, and statewide criminal history records 1853 checks through the Department of Law Enforcement. 1854 (b) Upon request, an employer shall furnish a copy of the 1855 personnel record for the employee or former employee who is the 1856 subject of a security background investigation. The information 1857 contained in the record may include, but need not be limited to, 1858 disciplinary matters and the reason the employee was terminated 1859 from employment, if applicable. An employer who releases a 1860 personnel record for purposes of a security background 1861 investigation is presumed to have acted in good faith and is not 1862 liable for information contained in the record without a showing 1863 that the employer maliciously falsified the record. 1864 (c) All employees hired or volunteers certified on or after 1865 October 1, 2012, must undergo a state and national criminal 1866 history record check. Supervised visitation programs shall 1867 contract with the department, the court administrator, or the 1868 clerk of court to conduct level 2 background screening under 1869 chapter 435. The cost of fingerprint processing may be borne by 1870 the program or the person subject to the background check. The 1871 department, court administrator, or clerk of court shall review 1872 the criminal history results to determine if an applicant meets 1873 the minimum requirements and is responsible for payment to the 1874 Department of Law Enforcement by invoice to the department, the 1875 court administrator, or the clerk of court or by payment from a 1876 credit card by the applicant or a vendor on behalf of the 1877 applicant. If the department, court administrator, or clerk of 1878 court is unable to conduct the background check, the supervised 1879 visitation program may participate in the Volunteer and Employee 1880 Criminal History System, as authorized by the National Child 1881 Protection Act of 1993, as amended, and s. 943.0542, to obtain 1882 criminal history information. 1883 (d) The security background investigation must ensure that 1884 a person is not hired as an employee or certified as a volunteer 1885 if the person has an arrest awaiting final disposition for, has 1886 been convicted of, regardless of adjudication, has entered a 1887 plea of nolo contendere or guilty to, or has been adjudicated 1888 delinquent and the record has not been sealed or expunged for, 1889 any offense prohibited under s. 435.04(2). 1890 (e) In analyzing and evaluating the information obtained in 1891 the security background investigation, the program must give 1892 particular emphasis to past activities involving children, 1893 including, but not limited to, child-related criminal offenses 1894 or child abuse. The program has sole discretion in determining 1895 whether to hire or certify a person based on his or her security 1896 background investigation. 1897 (2) A person who is providing supervised visitation or 1898 exchange monitoring services through a supervised visitation 1899 program and who affirms to the court in writing that he or she 1900 abides by the state standards described in s. 753.06 is 1901 presumed, prima facie, to be acting in good faith. Such persons 1902 acting in good faith are immune from civil and criminal 1903 liability with regard to the provision of the services. 1904 Section 31. This act shall take effect October 1, 2012.