Florida 2023 Regular Session

Florida House Bill H1099 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1099 2023
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8	8	hb1099-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to adoption; amending s. 63.032, F.S.; 2
16	16	revising definitions; amending s. 63.037, F.S.; 3
17	17	exempting certain requirements if certain 4
18	18	documentation is contained in the court's file; 5
19	19	amending s. 63.0423, F.S.; providing requirements for 6
20	20	an adoption entity, rather than a licensed child -7
21	21	placing agency, relating to surrendered infants; 8
22	22	requiring a certain finding by the court before a 9
23	23	judgment terminating parental rights may be granted; 10
24	24	amending s. 63.052, F.S.; providing when an adoption 11
25	25	entity, rather than an intermediary, becomes the 12
26	26	designated guardian of a child; requiring a child to 13
27	27	be placed in an intermediary, rather than with a 14
28	28	relative, under certain circumstances; amending s. 15
29	29	63.062, F.S.; revising unmarried biological father 16
30	30	requirements; providing requirements for a notice of 17
31	31	an intended adoption plan and service of such notice 18
32	32	on an unmarried biological father; revising the 19
33	33	methods by which a notice of a petition to adopt an 20
34	34	adult may be completed; providing construction; making 21
35	35	technical changes; amending s. 63.082, F.S.; providing 22
36	36	that a consent to adoption may or may not identify a 23
37	37	specific adopting parent; providing that a parent's 24
38	38	identified or nonidentified consent is valid, binding, 25
39	39
40	40	HB 1099 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	and enforceable; authorizing an adoption entity to 26
52	52	intervene after the execution of consent and filing of 27
53	53	a preliminary home study; revising certain factors a 28
54	54	court must consider to transfer custody of a child; 29
55	55	specifying persons who must be notified upon a 30
56	56	revocation of consent; requiring the court to en ter an 31
57	57	order maintaining certain placement of the child under 32
58	58	certain circumstances; prohibiting a denied petition 33
59	59	to terminate parental rights to be used in certain 34
60	60	ways; prohibiting an identified or nonidentified 35
61	61	consent from being treated as a surrender of parental 36
62	62	rights; amending s. 63.085, F.S.; revising the 37
63	63	requirements of such disclosure; requiring a copy of 38
64	64	certain documents be filed with the court; making 39
65	65	technical changes; amending s. 63.087, F.S.; requiring 40
66	66	the clerk of court to issue a separate case number for 41
67	67	a petition for adoption and prohibiting such petition 42
68	68	from being maintained in a specified case file; 43
69	69	authorizing a consent to adoption to be filed 44
70	70	electronically with a petition for termination of 45
71	71	parental rights; revising and providing r equirements 46
72	72	for such petition; making technical changes; amending 47
73	73	s. 63.088, F.S.; revising the required notice served 48
74	74	with a petition to terminate parental rights; amending 49
75	75	s. 63.089, F.S.; revising the factors a court must 50
76	76
77	77	HB 1099 2023
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	consider in determining a findi ng of abandonment; 51
89	89	amending s. 63.122, F.S.; requiring certain notice of 52
90	90	hearing be given as prescribed in the Florida Family 53
91	91	Law Rules of Procedure; amending s. 63.132, F.S.; 54
92	92	specifying that certain fees are hourly fees; making 55
93	93	technical changes; amending s. 63.212, F.S.; removing 56
94	94	the requirement that a mother's medical needs requires 57
95	95	such support in order to be paid by certain persons; 58
96	96	amending ss. 39.4021, 39.4022, 39.4023, 39.4024, 59
97	97	39.522, 39.812, and 63.093, F.S.; conforming cross -60
98	98	references; providing an effective date. 61
99	99	62
100	100	Be It Enacted by the Legislature of the State of Florida: 63
101	101	64
102	102	Section 1. Subsections (1) and (12) of section 63.032, 65
103	103	Florida Statutes, are amended to read: 66
104	104	63.032 Definitions. —As used in this chapter, the term: 67
105	105	(1) "Abandoned" means a situation in which a the parent or 68
106	106	person having legal custody of a child, while being able, makes 69
107	107	little or no provision for the child's support or makes little 70
108	108	or no effort to communicate with the child, which situation is 71
109	109	sufficient to evince rejection of an intent to reject parental 72
110	110	responsibilities. If, in the opinion of the court, the efforts 73
111	111	of such parent or person having legal custody of the child to 74
112	112	support and communicate with the child are only marginal efforts 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	that do not evince a sett led purpose to assume all parental 76
126	126	duties, the court may declare the child to be abandoned. In 77
127	127	making this decision, the court may consider the conduct of a 78
128	128	father towards the child's mother during her pregnancy. 79
129	129	(12) "Parent" means a woman who gives bir th to a child and 80
130	130	who is not a gestational surrogate as defined in s. 742.13 or a 81
131	131	man whose consent to the adoption of the child would be required 82
132	132	under s. 63.062(1). If a child has been legally adopted, the 83
133	133	term "parent" means the adoptive mother or fathe r of the child. 84
134	134	The term does not include an individual whose parental 85
135	135	relationship to the child has been legally terminated , an 86
136	136	unmarried biological father, or an alleged or prospective 87
137	137	parent. 88
138	138	Section 2. Section 63.037, Florida Statutes, is amended t o 89
139	139	read: 90
140	140	63.037 Proceedings applicable to cases resulting from a 91
141	141	termination of parental rights under chapter 39. —A case in which 92
142	142	a child minor becomes available for adoption after the parental 93
143	143	rights of each parent have been terminated by a judgment ente red 94
144	144	under pursuant to chapter 39 is shall be governed by s. 39.812 95
145	145	and this chapter. Adoption proceedings initiated under chapter 96
146	146	39 are exempt from the following provisions of this chapter: 97
147	147	requirement for search of the Florida Putative Father Registry 98
148	148	provided in s. 63.054(7), if a search was previously completed 99
149	149	and documentation of the search is contained in the court's case 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	file maintained in the dependency proceeding ; disclosure 101
163	163	requirements for the adoption entity provided in s. 63.085(1); 102
164	164	general provisions governing termination of parental rights 103
165	165	pending adoption provided in s. 63.087; notice and service 104
166	166	provisions governing termination of parental rights pending 105
167	167	adoption provided in s. 63.088; and procedures for terminating 106
168	168	parental rights pending adoption provided in s. 63.089. 107
169	169	Section 3. Subsections (1) through (5) and subsection (10) 108
170	170	of section 63.0423, Florida Statutes, are amended to read: 109
171	171	63.0423 Procedures with respect to surrendered infants. — 110
172	172	(1) Upon entry of final judgment terminat ing parental 111
173	173	rights, an adoption entity a licensed child-placing agency that 112
174	174	takes physical custody of an infant surrendered at a hospital, 113
175	175	emergency medical services station, or fire station under 114
176	176	pursuant to s. 383.50 assumes responsibility for the medic al and 115
177	177	other costs associated with the emergency services and care of 116
178	178	the surrendered infant from the time the adoption entity 117
179	179	licensed child-placing agency takes physical custody of the 118
180	180	surrendered infant. 119
181	181	(2) The adoption entity licensed child-placing agency 120
182	182	shall immediately seek an order from the circuit court for 121
183	183	emergency custody of the surrendered infant. The emergency 122
184	184	custody order remains shall remain in effect until the court 123
185	185	orders preliminary approval of placement of the surrendered 124
186	186	infant in the prospective home, at which time the prospective 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	adoptive parents become guardians pending termination of 126
200	200	parental rights and finalization of adoption or until the court 127
201	201	orders otherwise. The guardianship of the prospective adoptive 128
202	202	parents remains shall remain subject to the right of the 129
203	203	adoption entity licensed child-placing agency to remove the 130
204	204	surrendered infant from the placement during the pendency of the 131
205	205	proceedings if such removal is deemed by the adoption entity 132
206	206	licensed child-placing agency to be in the best interests of the 133
207	207	child and the removal is in accordance with s. 63.052 . The 134
208	208	adoption entity licensed child-placing agency may immediately 135
209	209	seek to place the surrendered infant in a prospective adoptive 136
210	210	home. 137
211	211	(3) The adoption entity licensed child-placing agency that 138
212	212	takes physical custody of the surrendered infant must shall, 139
213	213	within 24 hours thereafter, request assistance from law 140
214	214	enforcement officials to investigate and determine, through the 141
215	215	Missing Children Information Clearinghouse, the National Center 142
216	216	for Missing and Exploited Children, and any other national and 143
217	217	state resources, whether the surrendered infant is a missing 144
218	218	child. 145
219	219	(4) The parent who surrenders the infant in accordance 146
220	220	with s. 383.50 is presumed to have consented to term ination of 147
221	221	parental rights, and express consent is not required. Except 148
222	222	when there is actual or suspected child abuse or neglect, the 149
223	223	adoption entity may licensed child-placing agency shall not 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	attempt to pursue, search for, or notify that parent as provided 151
237	237	in s. 63.088 and chapter 49. For purposes of s. 383.50 and this 152
238	238	section, an infant who tests positive for illegal drugs, 153
239	239	narcotic prescription drugs, alcohol, or other substances, but 154
240	240	shows no other signs of child abuse or neglect, must shall be 155
241	241	placed in the custody of an adoption entity a licensed child-156
242	242	placing agency. Such a placement does not eliminate the 157
243	243	reporting requirement under s. 383.50(7). When the department is 158
244	244	contacted regarding an infant properly surrendered under this 159
245	245	section and s. 383.50, the department must shall provide 160
246	246	instruction to contact an adoption entity a licensed child-161
247	247	placing agency and may not take custody of the infant unless 162
248	248	reasonable efforts to contact an adoption entity a licensed 163
249	249	child-placing agency to accept the infant have not been 164
250	250	successful. 165
251	251	(5) A petition for termination of parental rights under 166
252	252	this section may not be filed until 30 days after the date the 167
253	253	infant was surrendered in accordance with s. 383.50. The court 168
254	254	may not grant a judgment terminating a petition for termination 169
255	255	of parental rights may not be granted until the court finds that 170
256	256	a parent has failed to reclaim or claim the surrendered infant 171
257	257	within the time period specified in s. 383.50. 172
258	258	(10) Except to the extent expressly provided in this 173
259	259	section, proceedings initiated by an adoption entity a licensed 174
260	260	child-placing agency for the termination of parental rights and 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	subsequent adoption of a newborn infant left at a hospital, 176
274	274	emergency medical services station, or fire station in 177
275	275	accordance with s. 383.50 must shall be conducted under pursuant 178
276	276	to this chapter. 179
277	277	Section 4. Section 63.052, Florida Statutes, is amended to 180
278	278	read: 181
279	279	63.052 Guardians designated; proof of commitment. — 182
280	280	(1)(a) Except as provided in paragraph (b), if a child for 183
281	281	minors who is have been placed for adoption with an adoption 184
282	282	entity, other than an intermediary, such adoption entity is 185
283	283	shall be the guardian of the person of the child minor and has 186
284	284	the responsibility and authority to provide for the needs and 187
285	285	welfare of the child minor. 188
286	286	(b)(2) If a child For minors who is have been voluntarily 189
287	287	surrendered to an adoption entity intermediary through an 190
288	288	execution of a consent to adoption, the adoption entity is 191
289	289	intermediary shall be responsible for the child minor until the 192
290	290	time a court orders preliminary approval of placement of the 193
291	291	child minor in the prospective adoptive home, after which time 194
292	292	the prospective adoptive parents shall become the child's 195
293	293	guardians pending finalization of adoption, subject to the 196
294	294	adoption entity's intermediary's right and responsibility to 197
295	295	remove the child from the prospective adoptive home if the 198
296	296	removal is deemed by the adoption entity intermediary to be in 199
297	297	the best interests of the child. The adoption entity 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	intermediary may not remove the child without a court order 201
311	311	unless the child is in danger of imminent harm. The adoption 202
312	312	entity is not intermediary does not become responsible for the 203
313	313	minor child's medical bills that were incurred before taking 204
314	314	physical custody of the child after the execution of adoption 205
315	315	consents. Notwithstanding the guardianship provisions in this 206
316	316	section, the requirements of s. 627.6578 relating to insurance 207
317	317	coverage for adopted and foster children remain in effect. Prior 208
318	318	to the court's entry of an order granti ng preliminary approval 209
319	319	of the placement, the intermediary shall have the responsibility 210
320	320	and authority to provide for the needs and welfare of the minor. 211
321	321	A child minor may not be placed in a prospective adoptive home 212
322	322	until that home has received a favorabl e preliminary home study, 213
323	323	as provided in s. 63.092, completed and approved within 1 year 214
324	324	before such placement in the prospective home. The provisions of 215
325	325	s. 627.6578 shall remain in effect notwithstanding the 216
326	326	guardianship provisions in this section. 217
327	327	(2)(3) If a child minor is surrendered to an adoption 218
328	328	entity for subsequent adoption and a suitable prospective 219
329	329	adoptive home is not available under pursuant to s. 63.092 at 220
330	330	the time the child minor is surrendered to the adoption entity, 221
331	331	the child minor must be placed in a licensed foster care home, 222
332	332	with a person or family that has received a favorable 223
333	333	preliminary home study as required under pursuant to subsection 224
334	334	(1)(2), or with an intermediary a relative until a suitable 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
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347	347	prospective adoptive home is availabl e. 226
348	348	(3)(4) If a child minor is voluntarily surrendered to an 227
349	349	adoption entity for subsequent adoption and the adoption does 228
350	350	not become final within 180 days after termination of parental 229
351	351	rights, the adoption entity must report to the court on the 230
352	352	status of the child minor and the court may at that time proceed 231
353	353	under s. 39.701 or take action reasonably necessary to protect 232
354	354	the best interest of the child minor. 233
355	355	(4)(5) The recital in a written consent, answer, or 234
356	356	recommendation filed by an adoption entity th at the child minor 235
357	357	has been permanently committed to the adoption entity or that 236
358	358	the adoption entity is duly licensed is shall be prima facie 237
359	359	proof of such commitment. A consent for adoption signed by an 238
360	360	adoption entity does not need to not comply with s. 63.082. 239
361	361	(5)(6) Unless otherwise authorized by law or ordered by 240
362	362	the court, the department is not responsible for expenses 241
363	363	incurred by other adoption entities participating in a placement 242
364	364	of a child minor. 243
365	365	(6)(7) The court retains jurisd iction of a child minor who 244
366	366	has been placed for adoption until the adoption is final. After 245
367	367	a child minor is placed with an adoption entity or prospective 246
368	368	adoptive parent, the court may review the status of the child 247
369	369	minor and the progress toward permanent adoptive placement. 248
370	370	Section 5. Section 63.062, Florida Statutes, is amended to 249
371	371	read: 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	63.062 Persons required to consent to adoption; affidavit 251
385	385	of nonpaternity; waiver of venue. — 252
386	386	(1) Unless supported by one or more of the grounds 253
387	387	enumerated under s. 63.089(3), a petition to terminate parental 254
388	388	rights pending adoption may be granted only if written consent 255
389	389	has been executed as provided in s. 63.082 after the birth of 256
390	390	the child minor or notice has been served under s. 63.088 to: 257
391	391	(a) The mother of the child minor. 258
392	392	(b) The father of the child minor, if: 259
393	393	1. The child minor was conceived or born while the father 260
394	394	was married to the mother; 261
395	395	2. The child minor is the father's his child by adoption; 262
396	396	3. The child minor has been adjudicated by the court to be 263
397	397	the father's his child before the date a petition for 264
398	398	termination of parental rights is filed; 265
399	399	4. The father He has filed an affidavit of paternity under 266
400	400	pursuant to s. 382.013(2)(c) or he is listed on the child's 267
401	401	birth certificate before the date a petition for termination of 268
402	402	parental rights is filed; or 269
403	403	5. In the case of an unmarried biological father, he has 270
404	404	acknowledged in writing, signed in the presence of a competent 271
405	405	witness, that he is the father of the child minor, has filed 272
406	406	such acknowledgment with the Office of Vital Statistics of the 273
407	407	Department of Health within the required timeframes, and has 274
408	408	strictly complied with the requirements of subsection (2). 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	276
422	422	The status of the father must shall be determined at the time of 277
423	423	the filing of the pe tition to terminate parental rights and may 278
424	424	not be modified, except as otherwise provided in s. 279
425	425	63.0423(9)(a), for purposes of his obligations and rights under 280
426	426	this chapter by acts occurring after the filing of the petition 281
427	427	to terminate parental rights. 282
428	428	(c) The child minor, if 12 years of age or older, unless 283
429	429	the court finds that it is not in the best interest of the child 284
430	430	to require his or her minor dispenses with the minor's consent. 285
431	431	(d) Any person lawfully entitled to custody of the child 286
432	432	minor if required by the court. 287
433	433	(e) The court having jurisdiction to determine custody of 288
434	434	the child minor, if the person having physical custody of the 289
435	435	child minor does not have authority to consent to the adoption. 290
436	436	(2) In accordance with subsection (1), th e consent of an 291
437	437	unmarried biological father is shall be necessary only if the 292
438	438	unmarried biological father has complied with all of the 293
439	439	requirements of this subsection. 294
440	440	(a)1. With regard to a child who is placed with adoptive 295
441	441	parents more than 6 months af ter the child's birth, an unmarried 296
442	442	biological father must have developed a substantial relationship 297
443	443	with the child, taken some measure of responsibility for the 298
444	444	child and the child's future, and demonstrated a full commitment 299
445	445	to the responsibilities of pa renthood by providing reasonable 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	and regular financial support for the child's educational, 301
459	459	medical, and living expenses to the child in accordance with the 302
460	460	unmarried biological father's ability, if not prevented from 303
461	461	doing so by the person or authorized a gency having lawful 304
462	462	custody of the child, and either: 305
463	463	a. Regularly visited the child at least monthly, when 306
464	464	physically and financially able to do so and when not prevented 307
465	465	from doing so by the birth mother or the person or authorized 308
466	466	agency having lawful custody of the child; or 309
467	467	b. Maintained regular communication with the child or with 310
468	468	the person or agency having the care or custody of the child, 311
469	469	when physically or financially unable to visit the child or when 312
470	470	not prevented from doing so by the birth mother or person or 313
471	471	authorized agency having lawful custody of the child. 314
472	472	2. An unmarried biological father who openly lived with 315
473	473	the child for at least 6 months within the 1 -year period 316
474	474	following the birth of the child and immediately preceding 317
475	475	placement of the child with adoptive parents and who openly held 318
476	476	himself out to be the father of the child during that period is 319
477	477	shall be deemed to have developed a substantial relationship 320
478	478	with the child and to have otherwise met the requirements of 321
479	479	this paragraph. 322
480	480	(b) With regard to a child who is 6 months of age or 323
481	481	younger at the time the child is placed for adoption with the 324
482	482	adoptive parents, an unmarried biological father must have 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	demonstrated a full commitment to his parental responsibility by 326
496	496	having performed all of the following acts within 30 days after 327
497	497	receipt of service of the notice of intended adoption plan prior 328
498	498	to the time the mother executes her consent for adoption : 329
499	499	1. Filed a notarized claim of paternity form with the 330
500	500	Florida Putative Father R egistry within the Office of Vital 331
501	501	Statistics of the Department of Health, which form must shall be 332
502	502	maintained in the confidential registry established for that 333
503	503	purpose and is shall be considered filed when the notice is 334
504	504	entered in the registry of notices from unmarried biological 335
505	505	fathers. 336
506	506	2. Upon service of a notice of an intended adoption plan 337
507	507	or a petition for termination of parental rights pending 338
508	508	adoption, executed and Filed an affidavit or a verified response 339
509	509	with the court in that proceeding stating that he is personally 340
510	510	fully able and willing to take responsibility for the child, 341
511	511	setting forth his plans for care of the child, and agreeing to a 342
512	512	court order of child support and a contribution to the payment 343
513	513	of living and medical expenses incurred for the mother's 344
514	514	pregnancy and the child's birth in accordance with his ability 345
515	515	to pay. 346
516	516	3. If he had knowledge of the pregnancy, Paid a fair and 347
517	517	reasonable amount of the living and medical expenses for the 348
518	518	birth mother and the child incurred in connection w ith the 349
519	519	mother's pregnancy and the child's birth , in accordance with the 350
520	520
521	521	HB 1099 2023
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523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1099-00
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	unmarried biological father's his financial ability and when not 351
533	533	prevented from doing so by the birth mother or person or 352
534	534	authorized agency having lawful custody of the child. The 353
535	535	responsibility of the unmarried biological father to provide 354
536	536	financial assistance to the birth mother during her pregnancy 355
537	537	and to the child after birth is not abated because support is 356
538	538	being provided to the birth mother or child by the adoption 357
539	539	entity, a prospective adoptive parent, or a third party, nor 358
540	540	does it serve as a basis to excuse the birth father's failure to 359
541	541	provide support. 360
542	542	361
543	543	Offers of support are insufficient to meet the requirements of 362
544	544	this subsection. 363
545	545	(c) The mere fact that a father expresses a d esire to 364
546	546	fulfill his responsibilities towards his child which is 365
547	547	unsupported by acts evidencing this intent does not meet the 366
548	548	requirements of this subsection section. An unmarried biological 367
549	549	father who does not strictly comply with each of the conditions 368
550	550	provided in this subsection is not considered a "parent" under 369
551	551	this chapter and the court shall enter a judgment finding that 370
552	552	the unmarried biological father has waived and surrendered any 371
553	553	rights in relation to the child, including the right to notice 372
554	554	of any judicial proceeding in connection with the adoption of 373
555	555	the child, and his consent to the adoption of the child is not 374
556	556	required and any claim he may have had to the child is barred. 375
557	557
558	558	HB 1099 2023
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1099-00
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	Upon the entry of the court order, the adoption entity has no 376
570	570	further duties under this chapter with regard to the unmarried 377
571	571	biological father. 378
572	572	(d) The petitioner shall file with the court a certificate 379
573	573	from the Office of Vital Statistics stating that a diligent 380
574	574	search has been made of the Florida Putative Father Registry of 381
575	575	notices from unmarried biological fathers described in 382
576	576	subparagraph (b)1. and that no filing has been found pertaining 383
577	577	to the father of the child in question or, if a filing is found, 384
578	578	stating the name of the putative father and the time and date of 385
579	579	filing. That certificate shall be filed with the court prior to 386
580	580	the entry of a final judgment of termination of parental rights. 387
581	581	(e) An unmarried biological father who does not comply 388
582	582	with each of the conditions provided in this subsection is 389
583	583	deemed to have waived and surrendered any rights in relation to 390
584	584	the child, including the right to notice of any judicial 391
585	585	proceeding in connection with the adoption of the child, and his 392
586	586	consent to the adoption of the child is not required. 393
587	587	(3) Pursuant to chapter 48, an a doption entity shall serve 394
588	588	a notice of intended adoption plan upon any known and locatable 395
589	589	unmarried biological father who is identified to the adoption 396
590	590	entity by the mother by the date she signs her consent for 397
591	591	adoption if the child is 6 months of age or less at the time the 398
592	592	consent is executed. Service of the notice of intended adoption 399
593	593	plan is not required when the unmarried biological father signs 400
594	594
595	595	HB 1099 2023
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597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1099-00
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	a consent for adoption or an affidavit of nonpaternity or when 401
607	607	the child is more than 6 months of age at th e time of the 402
608	608	execution of the consent by the mother. The notice may be served 403
609	609	at any time before the child's birth or after the child's birth 404
610	610	only if the mother identifies him to the adoption entity as a 405
611	611	potential biological father by the date she execute s a consent 406
612	612	for adoption before placing the child in the adoptive home. The 407
613	613	recipient of the notice may waive service of process by 408
614	614	executing a waiver and acknowledging receipt of the plan. 409
615	615	(a) The notice of intended adoption plan must specifically 410
616	616	state that if the unmarried biological father desires to contest 411
617	617	the adoption plan he must, within 30 days after service, file 412
618	618	with the court a verified response that contains a pledge of 413
619	619	commitment to the child in substantial compliance with 414
620	620	subparagraph (2)(b)2., file and a claim of paternity form with 415
621	621	the Office of Vital Statistics, and must provide to the adoption 416
622	622	entity a fair and reasonable amount of support for the benefit 417
623	623	of the birth mother and child with a copy of the verified 418
624	624	response filed with the court and the claim of paternity form 419
625	625	filed with the Office of Vital Statistics . 420
626	626	(b) The notice must also include instructions for 421
627	627	submitting a claim of paternity form to the Office of Vital 422
628	628	Statistics and the address to which the claim must be sent. 423
629	629	(c) The unmarried biological father must provide the 424
630	630	adoption entity with a copy of the verified response filed with 425
631	631
632	632	HB 1099 2023
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	the court and the claim of paternity form filed with the Office 426
644	644	of Vital Statistics If the party served with the notice of 427
645	645	intended adoption plan is an entity whose consent is required, 428
646	646	the notice must specifically state that the entity must file, 429
647	647	within 30 days after service, a verified response setting forth 430
648	648	a legal basis for contesting the intended adoption plan, 431
649	649	specifically addressing the best interests of the child . 432
650	650	(a) If the unmarried biological father or entity whose 433
651	651	consent is required fails to timely and properly file a verified 434
652	652	response with the court and, in the case of an unmarried 435
653	653	biological father, a claim of paternity form wi th the Office of 436
654	654	Vital Statistics, the court shall enter a default judgment 437
655	655	against the unmarried biological father or entity and the 438
656	656	consent of that unmarried biological father or entity shall no 439
657	657	longer be required under this chapter and shall be deemed t o 440
658	658	have waived any claim of rights to the child. To avoid an entry 441
659	659	of a default judgment, within 30 days after receipt of service 442
660	660	of the notice of intended adoption plan: 443
661	661	1. The unmarried biological father must: 444
662	662	a. File a claim of paternity with the Flo rida Putative 445
663	663	Father Registry maintained by the Office of Vital Statistics; 446
664	664	b. File a verified response with the court which contains 447
665	665	a pledge of commitment to the child in substantial compliance 448
666	666	with subparagraph (2)(b)2.; and 449
667	667	c. Provide support for t he birth mother and the child. 450
668	668
669	669	HB 1099 2023
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1099-00
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	2. The entity whose consent is required must file a 451
681	681	verified response setting forth a legal basis for contesting the 452
682	682	intended adoption plan, specifically addressing the best 453
683	683	interests of the child. 454
684	684	(4)(b) If the mother identifies a potential unmarried 455
685	685	biological father within the timeframes required by this section 456
686	686	the statute, whose location is unknown, the adoption entity must 457
687	687	shall conduct a diligent search under pursuant to s. 63.088. If, 458
688	688	upon completion of a diligent search, the potential unmarried 459
689	689	biological father's location remains unknown and a search of the 460
690	690	Florida Putative Father Registry fails to reveal a match, the 461
691	691	adoption entity must shall request in the petition for 462
692	692	termination of parental rights pending ado ption that the court 463
693	693	declare the diligent search to be in compliance with s. 63.088, 464
694	694	that the adoption entity has no further obligation to provide 465
695	695	notice to the potential unmarried biological father, and that 466
696	696	the potential unmarried biological father's con sent to the 467
697	697	adoption is not required. 468
698	698	(5)(4) Any person whose consent is required under 469
699	699	paragraph (1)(b), or any other man, may execute an irrevocable 470
700	700	affidavit of nonpaternity in lieu of a consent under this 471
701	701	section and by doing so waives notice to all court proceedings 472
702	702	after the date of execution. An affidavit of nonpaternity must 473
703	703	be executed as provided in s. 63.082. The affidavit of 474
704	704	nonpaternity may be executed before prior to the birth of the 475
705	705
706	706	HB 1099 2023
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb1099-00
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	child. The person executing the affidavit must receive 476
718	718	disclosure under s. 63.085 before prior to signing the 477
719	719	affidavit. For purposes of this chapter, an affidavit of 478
720	720	nonpaternity is sufficient if it contains a specific denial of 479
721	721	parental obligations and does not need to deny the existence of 480
722	722	a biological relatio nship. 481
723	723	(6)(5) A person who signs a consent to adoption or an 482
724	724	affidavit of nonpaternity must be given reasonable notice of his 483
725	725	or her right to select a person who does not have an employment, 484
726	726	professional, or personal relationship with the adoption entity 485
727	727	or the prospective adoptive parents to be present when the 486
728	728	consent to adoption or affidavit of nonpaternity is executed and 487
729	729	to sign the consent or affidavit as a witness. 488
730	730	(7)(6) The petitioner must make good faith and diligent 489
731	731	efforts as provided under s. 63.088 to notify, and obtain 490
732	732	written consent from, the persons required to consent to 491
733	733	adoption under this section. The petitioner shall file with the 492
734	734	court a certificate from the Office of Vital Statistics stating 493
735	735	that a diligent search has been made of the Florida Putative 494
736	736	Father Registry of notices from unmarried biological fathers 495
737	737	described in subparagraph (2)(b)1. and that no filing has been 496
738	738	found pertaining to the father of the child in question or, if a 497
739	739	filing is found, stating the name of the puta tive father and the 498
740	740	time and date of filing. That certificate must be filed with the 499
741	741	court before the entry of a final judgment of termination of 500
742	742
743	743	HB 1099 2023
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb1099-00
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	parental rights. 501
755	755	(8)(7) If parental rights to the child minor have 502
756	756	previously been terminated, the adoption entity with which the 503
757	757	child minor has been placed for subsequent adoption may provide 504
758	758	consent to the adoption. In such case, no other consent is 505
759	759	required. The consent of the department is shall be waived upon 506
760	760	a determination by the court that such consent is being 507
761	761	unreasonably withheld and if the petitioner has filed with the 508
762	762	court a favorable preliminary adoptive home study as required 509
763	763	under s. 63.092. 510
764	764	(9)(8) A petition to adopt an adult may be granted if: 511
765	765	(a) Written consent to adoption has been execu ted by the 512
766	766	adult and the adult's spouse, if any, unless the spouse's 513
767	767	consent is waived by the court for good cause. 514
768	768	(b) Written notice of the final hearing on the adoption 515
769	769	has been provided to the parents, if any, by certified mail, or 516
770	770	proof of service of process, or written waiver has been filed, 517
771	771	showing notice has been served on the parents as provided in 518
772	772	this chapter. 519
773	773	(10)(a)(9) A petition for termination of parental rights 520
774	774	must be filed in the appropriate county as determined under s. 521
775	775	63.087(2). If a parent whose consent is required objects to 522
776	776	venue in the county where the action was filed, the court may 523
777	777	transfer venue to a pro per venue consistent with this chapter 524
778	778	and chapter 47 unless the objecting parent has previously 525
779	779
780	780	HB 1099 2023
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1099-00
786	786	Page 22 of 45
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	executed a waiver of venue. 526
792	792	(b)(10) The waiver of venue must be a separate document 527
793	793	containing no consents, disclosures, or other information 528
794	794	unrelated to venue. 529
795	795	(11) This section does not preclude a claim for prebirth 530
796	796	abandonment under ss. 63.032 and 63.089. 531
797	797	Section 6. Subsection (2), paragraph (a) of subsection 532
798	798	(3), paragraphs (a), (b), and (c) of subsection (4), paragraphs 533
799	799	(a), (b), and (e) of subsect ion (6) and subsection (7) of 534
800	800	section 63.082, Florida Statutes, are amended to read: 535
801	801	63.082 Execution of consent to adoption or affidavit of 536
802	802	nonpaternity; family social and medical history; revocation of 537
803	803	consent.— 538
804	804	(2) A consent may name or otherwise id entify a specific 539
805	805	adopting parent. A consent that does not name or otherwise 540
806	806	identify the adopting parent is valid if the consent contains a 541
807	807	statement by the person consenting that the consent was 542
808	808	voluntarily executed and that identification of the adoptin g 543
809	809	parent is not required for granting the consent. 544
810	810	(3)(a) The department must provide a family social and 545
811	811	medical history form to an adoption entity that intends to place 546
812	812	a child for adoption. Forms containing, at a minimum, the same 547
813	813	information as the f orms promulgated by the department must be 548
814	814	attached to the petition to terminate parental rights pending 549
815	815	adoption and must contain biological and sociological 550
816	816
817	817	HB 1099 2023
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1099-00
823	823	Page 23 of 45
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	information or information as to the family medical history 551
829	829	regarding the child minor and the parents. This form is not 552
830	830	required for adoptions of relatives, adult adoptions, or 553
831	831	adoptions of stepchildren, unless parental rights are being or 554
832	832	were terminated under pursuant to chapter 39. The information 555
833	833	must be filed with the court in the termination of parental 556
834	834	rights proceeding. 557
835	835	(4)(a) An affidavit of nonpaternity may be executed before 558
836	836	the birth of the child minor; however, the consent to an 559
837	837	adoption may not be executed before the birth of the child minor 560
838	838	except in a preplanned adoption under pursuant to s. 63.213. 561
839	839	(b) A consent to the adoption of a child minor who is to 562
840	840	be placed for adoption may be executed by the birth mother 48 563
841	841	hours after the child's minor's birth or the day the birth 564
842	842	mother is notified in writing, either on her patient chart o r in 565
843	843	release paperwork, that she is fit to be released from the 566
844	844	licensed hospital or birth center, whichever is earlier. A 567
845	845	consent by any man may be executed at any time after the birth 568
846	846	of the child. The consent is valid upon execution and may be 569
847	847	withdrawn only if the court finds that it was obtained by fraud 570
848	848	or duress. 571
849	849	(c) If the child minor to be adopted is older than 6 572
850	850	months of age at the time of the execution of the consent, the 573
851	851	consent to adoption is valid upon execution; however, it is 574
852	852	subject to a revocation period of 3 business days. 575
853	853
854	854	HB 1099 2023
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	(6)(a) If a parent executes an identified consent or a 576
866	866	nonidentified consent for adoption of a minor with an adoption 577
867	867	entity or qualified prospective adoptive parents and the minor 578
868	868	child is under the supervision of the department, or otherwise 579
869	869	subject to the jurisdiction of the dependency court as a result 580
870	870	of the entry of a shelter order, a dependency petition, or a 581
871	871	petition for termination of parental rights pursuant to chapter 582
872	872	39, but parental rights have not yet b een terminated, the 583
873	873	adoption consent is valid, binding, and enforceable by the 584
874	874	court. 585
875	875	(b) Upon execution of the consent of the parent and filing 586
876	876	of the preliminary home study as required in s. 63.092(3) , the 587
877	877	adoption entity shall be permitted to interven e in the 588
878	878	dependency case as a party of in interest and must provide the 589
879	879	court that acquired jurisdiction over the minor, pursuant to the 590
880	880	shelter order or dependency petition filed by the department, a 591
881	881	copy of the preliminary home study of the prospective a doptive 592
882	882	parents and any other evidence of the suitability of the 593
883	883	placement. The preliminary home study must be maintained with 594
884	884	strictest confidentiality within the dependency court file and 595
885	885	the department's file. A preliminary home study must be provided 596
886	886	to the court in all cases in which an adoption entity has 597
887	887	intervened pursuant to this section. Unless the court has 598
888	888	concerns regarding the qualifications of the home study 599
889	889	provider, or concerns that the home study may not be adequate to 600
890	890
891	891	HB 1099 2023
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1099-00
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	determine the best i nterests of the child, the home study 601
903	903	provided by the adoption entity shall be deemed to be sufficient 602
904	904	and no additional home study needs to be performed by the 603
905	905	department. 604
906	906	(e) In determining whether the best interests of the child 605
907	907	are served by transfer ring the custody of the minor child to the 606
908	908	prospective adoptive parent selected by the parent or adoption 607
909	909	entity, the court shall consider and weigh all relevant factors, 608
910	910	including, but not limited to all of the following : 609
911	911	1. The permanency offered .; 610
912	912	2. The established bonded relationship between the child 611
913	913	and the current caregiver in any potential adoptive home in 612
914	914	which the child has been residing .; 613
915	915	3. The stability of the potential adoptive home in which 614
916	916	the child has been residing as well as the de sirability of 615
917	917	maintaining continuity of placement .; 616
918	918	4. The importance of maintaining sibling relationships, if 617
919	919	possible.; 618
920	920	5. The reasonable preferences and wishes of the child, if 619
921	921	the court deems the child to be of sufficient maturity, 620
922	922	understanding, and experience to express a preference .; 621
923	923	6. Whether a petition for termination of parental rights 622
924	924	has been filed pursuant to s. 39.806(1)(f), (g), or (h) .; 623
925	925	7. The child's particular needs and development. What is 624
926	926	best for the child; and 625
927	927
928	928	HB 1099 2023
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1099-00
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	8. The right of the parent to determine an appropriate 626
940	940	placement for the child. 627
941	941	(7) If a person is seeking to revoke consent for a child 628
942	942	older than 6 months of age: 629
943	943	(a) The person seeking to revoke consent must, in 630
944	944	accordance with paragraph (4)(c), notify the adopti on entity, or 631
945	945	if there is not an adoption entity, the adoptive parent's 632
946	946	attorney, or the adoptive parents if they are unrepresented, in 633
947	947	writing by certified mail, return receipt requested, within 3 634
948	948	business days after execution of the consent. As used in t his 635
949	949	subsection, the term "business day" means any day on which the 636
950	950	United States Postal Service accepts certified mail for 637
951	951	delivery. 638
952	952	(b) Upon receiving timely written notice from a person 639
953	953	whose consent to adoption is required of that person's desire to 640
954	954	revoke consent, the adoption entity must contact the prospective 641
955	955	adoptive parent to arrange a time certain for the adoption 642
956	956	entity to regain physical custody of the child minor, unless, 643
957	957	upon a motion for emergency hearing by the adoption entity, the 644
958	958	court determines in written findings that placement of the child 645
959	959	minor with the person who had legal or physical custody of the 646
960	960	child immediately before the child was placed for adoption may 647
961	961	endanger the child minor or that the person who desires to 648
962	962	revoke consent is not required to consent to the adoption, has 649
963	963	been determined to have abandoned the child, or is otherwise 650
964	964
965	965	HB 1099 2023
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	subject to a determination that the person's consent is waived 651
977	977	under this chapter. 652
978	978	(c) If the court finds that the placement of the child 653
979	979	with the person who had legal or physical custody of the child 654
980	980	immediately before the child was placed for adoption may 655
981	981	endanger the child minor, the court must shall enter an order 656
982	982	continuing the placement of the child minor with the prospective 657
983	983	adoptive parents pending further proceedings if they desire 658
984	984	continued placement. If the prospective adoptive parents do not 659
985	985	desire continued placement, the order must include, but is need 660
986	986	not be limited to, a determination of whether temporary 661
987	987	placement in foster care, with the person who had legal or 662
988	988	physical custody of the child immediately before placing the 663
989	989	child for adoption, or with a relative is in the best interests 664
990	990	of the child and whether an investigation by the department is 665
991	991	recommended. 666
992	992	(d) If the person re voking consent claims to be the father 667
993	993	of the child minor but has not been established to be the father 668
994	994	by marriage, court order, or scientific testing, the court may 669
995	995	order scientific paternity testing and reserve ruling on removal 670
996	996	of the child minor until the results of such testing have been 671
997	997	filed with the court. 672
998	998	(e) The adoption entity must return the child minor within 673
999	999	3 business days after timely and proper notification of the 674
1000	1000	revocation of consent or after the court determines that 675
1001	1001
1002	1002	HB 1099 2023
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1004	1004
1005	1005
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	revocation is timely and in accordance with the requirements of 676
1014	1014	this chapter upon consideration of an emergency motion, as filed 677
1015	1015	pursuant to paragraph (b), to the physical custody of the person 678
1016	1016	revoking consent or the person directed by the court. If the 679
1017	1017	person seeking to revoke consent claims to be the father of the 680
1018	1018	child minor but has not been established to be the father by 681
1019	1019	marriage, court order, or scientific testing, the adoption 682
1020	1020	entity may return the child minor to the care and custody of the 683
1021	1021	mother, if she desires su ch placement and she is not otherwise 684
1022	1022	prohibited by law from having custody of the child. 685
1023	1023	(f) Following the revocation period described in paragraph 686
1024	1024	(a), consent may be set aside only when the court finds that the 687
1025	1025	consent was obtained by fraud or duress. 688
1026	1026	(g) An affidavit of nonpaternity may be set aside only if 689
1027	1027	the court finds that the affidavit was obtained by fraud or 690
1028	1028	duress. 691
1029	1029	(h) If the consent of one parent is set aside or revoked 692
1030	1030	in accordance with this chapter, or if a petition to terminate 693
1031	1031	parental rights is denied, any other consents executed by the 694
1032	1032	other parent or a third party whose consent is required for the 695
1033	1033	adoption of the child may not be used by the parent whose 696
1034	1034	consent was revoked or set aside to terminate or diminish the 697
1035	1035	rights of the other parent or third party whose consent was 698
1036	1036	required for the adoption of the child. An identified or 699
1037	1037	nonidentified consent executed under s. 63.083 may not be 700
1038	1038
1039	1039	HB 1099 2023
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1041	1041
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	treated as a surrender of parental rights to the department or 701
1051	1051	the court in a dependency pr oceeding without the express written 702
1052	1052	consent of that parent. 703
1053	1053	Section 7. Subsections (1) and (3) of section 63.085, 704
1054	1054	Florida Statutes, are amended to read: 705
1055	1055	63.085 Disclosure by adoption entity. — 706
1056	1056	(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE 707
1057	1057	ADOPTIVE PARENTS.—Within 14 days after a person seeking to adopt 708
1058	1058	a child minor or a person seeking to place a child minor for 709
1059	1059	adoption contacts an adoption entity in person or provides the 710
1060	1060	adoption entity with a mailing address, the entity must provide 711
1061	1061	a written disclosure statement to that person if the entity 712
1062	1062	agrees or continues to work with the person. For purposes of 713
1063	1063	providing the written disclosure, a person is considered to be 714
1064	1064	seeking to place a child for adoption if that person has sought 715
1065	1065	information or advice from the adoption entity regarding the 716
1066	1066	option of adoptive placement. If the adoption entity agrees or 717
1067	1067	continues to work with the person, the adoption entity must 718
1068	1068	shall also provide the written disclosure to the person parent 719
1069	1069	who did not initiate con tact with the adoption entity within 14 720
1070	1070	days after such person that parent is identified and located. 721
1071	1071	For purposes of providing the written disclosure, a person is 722
1072	1072	considered to be seeking to place a minor for adoption if that 723
1073	1073	person has sought information or advice from the adoption entity 724
1074	1074	regarding the option of adoptive placement. The written 725
1075	1075
1076	1076	HB 1099 2023
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1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
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1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	disclosure statement must be in substantially the following 726
1088	1088	form: 727
1089	1089	ADOPTION DISCLOSURE 728
1090	1090	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL 729
1091	1091	PERSONS CONSIDERING ADOPTING A CHILD MINOR OR SEEKING TO PLACE A 730
1092	1092	CHILD MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS 731
1093	1093	REGARDING ADOPTION UNDER FLORIDA LAW: 732
1094	1094	1. The name, address, and telephone number of the adoption 733
1095	1095	entity providing this disclosure is: 734
1096	1096	Name: ................................ .................... 735
1097	1097	Address: ................................ ................. 736
1098	1098	Telephone Number: ................................ ......... 737
1099	1099	2. The adoption entity does not provide legal 738
1100	1100	representation or advice to parents or anyone signing a 739
1101	1101	consent for adoption or affidavit of nonpaternity, and 740
1102	1102	parents have the right to consult with an attorney of their 741
1103	1103	own choosing to advise them. 742
1104	1104	3. With the exception of an adoption by a stepparent or 743
1105	1105	relative, a child cannot be placed into a prospective 744
1106	1106	adoptive home unless the prospective adoptive parents have 745
1107	1107	received a favorable preliminary home study, including 746
1108	1108	criminal and child abuse clearances. 747
1109	1109	4. A valid consent for adoption may not be signed by the 748
1110	1110	birth mother until 48 hours after the birth of the child, 749
1111	1111	or the day the birth mother is notified, in writing, that 750
1112	1112
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	she is fit for discharge from the licensed hospi tal or 751
1125	1125	birth center. Any man may sign a valid consent for adoption 752
1126	1126	at any time after the birth of the child. 753
1127	1127	5. A consent for adoption signed when before the child is 754
1128	1128	attains the age of 6 months of age or younger is binding 755
1129	1129	and irrevocable from the momen t it is signed unless it can 756
1130	1130	be proven in court that the consent was obtained by fraud 757
1131	1131	or duress. A consent for adoption signed after the child 758
1132	1132	attains the age of 6 months is valid from the moment it is 759
1133	1133	signed; however, it may be revoked up to 3 business d ays 760
1134	1134	after it was signed. 761
1135	1135	6. A consent for adoption is not valid if the signature of 762
1136	1136	the person who signed the consent was obtained by fraud or 763
1137	1137	duress. 764
1138	1138	7. An unmarried biological father must act immediately in 765
1139	1139	order to protect his parental rights. Secti on 63.062, 766
1140	1140	Florida Statutes, prescribes that any father seeking to 767
1141	1141	establish his right to consent to the adoption of his child 768
1142	1142	must file a claim of paternity with the Florida Putative 769
1143	1143	Father Registry maintained by the Office of Vital 770
1144	1144	Statistics of the Depa rtment of Health before by the date a 771
1145	1145	petition to terminate parental rights is filed with the 772
1146	1146	court, or within 30 days after receiving service of a 773
1147	1147	Notice of Intended Adoption Plan. If he receives a Notice 774
1148	1148	of Intended Adoption Plan, he must file a claim of 775
1149	1149
1150	1150	HB 1099 2023
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	paternity with the Florida Putative Father Registry, file a 776
1162	1162	parenting plan with the court, and provide financial 777
1163	1163	support to the mother or child within 30 days after 778
1164	1164	following service. An unmarried biological father's failure 779
1165	1165	to timely respond to a Notice of Intended Adoption Plan 780
1166	1166	constitutes an irrevocable legal waiver of any and all 781
1167	1167	rights that the father may have to the child. A claim of 782
1168	1168	paternity registration form for the F lorida Putative Father 783
1169	1169	Registry may be obtained from any local office of the 784
1170	1170	Department of Health, Office of Vital Statistics, the 785
1171	1171	Department of Children and Families, the Internet websites 786
1172	1172	for these agencies, and the offices of the clerks of the 787
1173	1173	Florida circuit courts. The claim of paternity form must be 788
1174	1174	submitted to the Office of Vital Statistics, Attention: 789
1175	1175	Adoption Unit, P.O. Box 210, Jacksonville, FL 32231. 790
1176	1176	8. There are alternatives to adoption, including foster 791
1177	1177	care, relative care, and parenting the child. There may be 792
1178	1178	services and sources of financial assistance in the 793
1179	1179	community available to parents if they choose to parent the 794
1180	1180	child. 795
1181	1181	9. A parent has the right to have a witness of his or her 796
1182	1182	choice, who is unconnected with the adoption entity or t he 797
1183	1183	adoptive parents, to be present and witness the signing of 798
1184	1184	the consent or affidavit of nonpaternity. 799
1185	1185	10. A parent 14 years of age or younger must have a 800
1186	1186
1187	1187	HB 1099 2023
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1189	1189
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1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	parent, legal guardian, or court -appointed guardian ad 801
1199	1199	litem to assist and advise the parent as to the adoption 802
1200	1200	plan and to witness consent. 803
1201	1201	11. A parent has a right to receive supportive counseling 804
1202	1202	from a counselor, social worker, physician, clergy, or 805
1203	1203	attorney. 806
1204	1204	12. The payment of living or medical expenses by the 807
1205	1205	prospective adoptive parents or the adoption entity before 808
1206	1206	the birth of the child does not, in any way, obligate the 809
1207	1207	parent to sign the consent to for adoption. 810
1208	1208	(3) ACKNOWLEDGMENT OF DISCLOSURE. —The adoption entity must 811
1209	1209	obtain a written statement acknowledging receipt of the 812
1210	1210	disclosures required under this section and signed by the 813
1211	1211	persons receiving the disclosure or, if it is not possible to 814
1212	1212	obtain such an acknowledgment, the adoption entity must execute 815
1213	1213	an affidavit stating why an acknowledgment could not be 816
1214	1214	obtained. If the disclosure was delivered by certified mail, 817
1215	1215	return receipt requested, a return receipt signed by the person 818
1216	1216	from whom acknowledgment is required is sufficient to meet the 819
1217	1217	requirements of this subsection. A copy of the acknowledgment of 820
1218	1218	receipt of the disclosure must be provided to the person signing 821
1219	1219	it. A copy of the acknowledgment or affidavit executed by the 822
1220	1220	adoption entity in lieu of the acknowledgment must be maintained 823
1221	1221	in the file of the adoption entity and. The original 824
1222	1222	acknowledgment or affidavit must be filed with the court. 825
1223	1223
1224	1224	HB 1099 2023
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1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	Section 8. Subsection (3) and paragraphs (b) and (e) of 826
1236	1236	subsection (4) of section 63.087, Florida Statutes, are amended 827
1237	1237	to read: 828
1238	1238	63.087 Proceeding to terminate parental rights pending 829
1239	1239	adoption; general provisions. — 830
1240	1240	(3) PREREQUISITE FOR ADOPTION. —A petition for adoption may 831
1241	1241	not be filed until after the date the court enters the judgment 832
1242	1242	terminating parental rights pending adoption. The clerk of the 833
1243	1243	court shall issue a separate case number and maintain a separate 834
1244	1244	court file for a petition for adoption. A petition for adoption 835
1245	1245	may not be maintained in the same court file as the proceeding 836
1246	1246	to terminate parental rights. Adoptions of relatives, adult 837
1247	1247	adoptions, or adoptions of stepchildren are not required to file 838
1248	1248	a separate termination of parental rights proceeding pending 839
1249	1249	adoption. In such cases, the petitioner may file a joint 840
1250	1250	petition for termination of parental rights and adoption, 841
1251	1251	attaching all required consents, affidavits, notices, and 842
1252	1252	acknowledgments. Unless otherw ise provided by law, this chapter 843
1253	1253	applies to joint petitions. 844
1254	1254	(4) PETITION.— 845
1255	1255	(b) The petition may be filed by a parent or person having 846
1256	1256	physical custody of the child minor. The petition may be filed 847
1257	1257	by an adoption entity only if a parent or person havi ng physical 848
1258	1258	or legal custody who has executed a consent to adoption under 849
1259	1259	pursuant to s. 63.082 also consents in writing to the adoption 850
1260	1260
1261	1261	HB 1099 2023
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1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	entity filing the petition. A copy The original of such consent 851
1273	1273	must be filed with the petition. 852
1274	1274	(e) The petition mus t include: 853
1275	1275	1. The child's minor's name, gender, date of birth, and 854
1276	1276	place of birth. The petition must contain all names by which the 855
1277	1277	child minor is or has been known, excluding the child's minor's 856
1278	1278	prospective adoptive name but including the child's minor's 857
1279	1279	legal name at the time of the filing of the petition. In the 858
1280	1280	case of an infant child whose adoptive name appears on the 859
1281	1281	original birth certificate, the adoptive name shall not be 860
1282	1282	included in the petition , nor shall it be included elsewhere in 861
1283	1283	the termination of parental rights proceeding. 862
1284	1284	2. All information required by the Uniform Child Custody 863
1285	1285	Jurisdiction and Enforcement Act and the Indian Child Welfare 864
1286	1286	Act. 865
1287	1287	3. A statement of the grounds under s. 63.089 upon which 866
1288	1288	the petition is based. 867
1289	1289	4. The name, address, and telephone number of any adoption 868
1290	1290	entity seeking to place the child minor for adoption. 869
1291	1291	5. The name, address, and telephone number of the division 870
1292	1292	of the circuit court in which the petition is to be filed. 871
1293	1293	6. A certification that the petitioner will comply of 872
1294	1294	compliance with the requirements of s. 63.0425 regarding notice 873
1295	1295	to grandparents of an impending adoption. 874
1296	1296	7. A copy of the original birth certificate of the child 875
1297	1297
1298	1298	HB 1099 2023
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1300	1300
1301	1301
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1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	must be attached to the petition or filed with the court before 876
1310	1310	the final hearing on the petition to terminate parental rights. 877
1311	1311	Section 9. Paragraph (b) of subsection (2) and subsection 878
1312	1312	(4) of section 63.089, Florida Statutes, are amended to read: 879
1313	1313	63.089 Proceeding to terminate parental rights pending 880
1314	1314	adoption; hearing; grounds; dismissal of petition; judgment. — 881
1315	1315	(2) HEARING PREREQUISITES. —The court may hold the hearing 882
1316	1316	only when: 883
1317	1317	(b) For each notice and petition that must be served under 884
1318	1318	ss. 63.087 and 63.088: 885
1319	1319	1. At least 20 days have elapsed since the date of 886
1320	1320	personal service and an affidavit of service has been filed with 887
1321	1321	the court; 888
1322	1322	2. At least 30 days have elapsed since the first date of 889
1323	1323	publication of constructive service and an affidavit of service 890
1324	1324	has been filed with the court; or 891
1325	1325	3. An affidavit of no npaternity, consent to for adoption, 892
1326	1326	or other document that affirmatively waives service and notice 893
1327	1327	of the hearing has been executed and filed with the court. 894
1328	1328	(4) FINDING OF ABANDONMENT. —A finding of abandonment 895
1329	1329	resulting in a termination of parental rig hts must be based upon 896
1330	1330	clear and convincing evidence that a parent or person having 897
1331	1331	legal custody has abandoned the child in accordance with the 898
1332	1332	definition of abandoned contained in s. 63.032. A finding of 899
1333	1333	abandonment may also be based upon emotional abuse ; or a failure 900
1334	1334
1335	1335	HB 1099 2023
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1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	refusal to provide reasonable financial support, when able, to a 901
1347	1347	birth mother during her pregnancy or to the child after his or 902
1348	1348	her birth; or on whether the person alleged to have abandoned 903
1349	1349	the child, while being able, failed to establish co ntact with 904
1350	1350	the child or accept responsibility for the child's welfare. 905
1351	1351	(a) In making a determination of abandonment at a hearing 906
1352	1352	for termination of parental rights under this chapter, the court 907
1353	1353	shall consider, among other relevant factors not inconsisten t 908
1354	1354	with this section, all of the following : 909
1355	1355	1. Whether the actions alleged to constitute abandonment 910
1356	1356	demonstrate a willful disregard for the safety or welfare of the 911
1357	1357	child or the unborn child .; 912
1358	1358	2. Whether the person alleged to have abandoned the child, 913
1359	1359	while being able, failed to provide financial support .; 914
1360	1360	3. Whether the person alleged to have abandoned the child, 915
1361	1361	while being able, failed to pay for medical treatment .; and 916
1362	1362	4. Whether the amount of support provided or medical 917
1363	1363	expenses paid was appropriate, taking into consideration the 918
1364	1364	needs of the child and relative means and resources available to 919
1365	1365	the person alleged to have abandoned the child. 920
1366	1366	(b) The child has been abandoned when the parent of a 921
1367	1367	child is or was incarcerated on or after Oct ober 1, 2001, in a 922
1368	1368	federal, state, or county correctional institution and: 923
1369	1369	1. The period of time for which the parent has been or is 924
1370	1370	expected to be incarcerated will constitute a significant 925
1371	1371
1372	1372	HB 1099 2023
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1374	1374
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1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	portion of the child's minority. In determining whether the 926
1384	1384	period of time is significant, the court shall consider the 927
1385	1385	child's age and the child's need for a permanent and stable 928
1386	1386	home. The period of time begins on the date that the parent 929
1387	1387	enters into incarceration; 930
1388	1388	2. The incarcerated parent has been determined by a court 931
1389	1389	of competent jurisdiction to be a violent career criminal as 932
1390	1390	defined in s. 775.084, a habitual violent felony offender as 933
1391	1391	defined in s. 775.084, convicted of child abuse as defined in s. 934
1392	1392	827.03, or a sexual predator as defined in s. 775.21; has bee n 935
1393	1393	convicted of first degree or second degree murder in violation 936
1394	1394	of s. 782.04 or a sexual battery that constitutes a capital, 937
1395	1395	life, or first degree felony violation of s. 794.011; or has 938
1396	1396	been convicted of a substantially similar offense in another 939
1397	1397	jurisdiction. As used in this section, the term "substantially 940
1398	1398	similar offense" means any offense that is substantially similar 941
1399	1399	in elements and penalties to one of those listed in this 942
1400	1400	subparagraph, and that is in violation of a law of any other 943
1401	1401	jurisdiction, whether that of another state, the District of 944
1402	1402	Columbia, the United States or any possession or territory 945
1403	1403	thereof, or any foreign jurisdiction; or 946
1404	1404	3. The court determines by clear and convincing evidence 947
1405	1405	that continuing the parental relationship with the inc arcerated 948
1406	1406	parent would be harmful to the child and, for this reason, 949
1407	1407	termination of the parental rights of the incarcerated parent is 950
1408	1408
1409	1409	HB 1099 2023
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1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	in the best interests of the child. 951
1421	1421	Section 10. Subsection (2) of section 63.122, Florida 952
1422	1422	Statutes, is amended to read : 953
1423	1423	63.122 Notice of hearing on petition. — 954
1424	1424	(2) Notice of hearing must be given as prescribed by the 955
1425	1425	Florida Family Law Rules of Civil Procedure, and service of 956
1426	1426	process must be made as specified by law for civil actions. 957
1427	1427	Section 11. Subsection (1) and paragraph (b) of subsection 958
1428	1428	(3) of section 63.132, Florida Statutes, are amended to read: 959
1429	1429	63.132 Affidavit of expenses and receipts. — 960
1430	1430	(1) Before the hearing on the petition for adoption, the 961
1431	1431	prospective adoptive parent and any adoption entity must fil e 962
1432	1432	two copies of an affidavit under this section. 963
1433	1433	(a) The affidavit must be signed by the adoption entity 964
1434	1434	and the prospective adoptive parents. A copy of the affidavit 965
1435	1435	must be provided to the adoptive parents at the time the 966
1436	1436	affidavit is executed. 967
1437	1437	(b) The affidavit must itemize all disbursements and 968
1438	1438	receipts of anything of value, including professional and legal 969
1439	1439	fees, made or agreed to be made by or on behalf of the 970
1440	1440	prospective adoptive parent and any adoption entity in 971
1441	1441	connection with the adoption or in connection with any prior 972
1442	1442	proceeding to terminate parental rights which involved the child 973
1443	1443	minor who is the subject of the petition for adoption. The 974
1444	1444	affidavit must also include, for each hourly legal or counseling 975
1445	1445
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1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	fee itemized, the service provided for w hich the hourly fee is 976
1458	1458	being charged, the date the service was provided, the time 977
1459	1459	required to provide the service if the service was charged by 978
1460	1460	the hour, the person or entity that provided the service, and 979
1461	1461	the hourly fee charged. 980
1462	1462	(c) The affidavit must s how any expenses or receipts 981
1463	1463	incurred in connection with: 982
1464	1464	1. The birth of the child minor. 983
1465	1465	2. The placement of the child minor with the petitioner. 984
1466	1466	3. The medical or hospital care received by the mother or 985
1467	1467	by the child minor during the mother's prena tal care and 986
1468	1468	confinement. 987
1469	1469	4. The living expenses of the birth mother. The living 988
1470	1470	expenses must be itemized in detail to apprise the court of the 989
1471	1471	exact expenses incurred. 990
1472	1472	5. The services relating to the adoption or to the 991
1473	1473	placement of the child minor for adoption that were received by 992
1474	1474	or on behalf of the petitioner, the adoption entity, either 993
1475	1475	parent, the child minor, or any other person. 994
1476	1476	995
1477	1477	The affidavit must state whether any of these expenses were paid 996
1478	1478	for by collateral sources, including, but not limit ed to, health 997
1479	1479	insurance, Medicaid, Medicare, or public assistance. 998
1480	1480	(3) The court must issue a separate order approving or 999
1481	1481	disapproving the fees, costs, and expenses itemized in the 1000
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1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	affidavit. The court may approve only fees, costs, and 1001
1495	1495	expenditures allowed under s. 63.097. The court may reject in 1002
1496	1496	whole or in part any fee, cost, or expenditure listed if the 1003
1497	1497	court finds that the expense is: 1004
1498	1498	(b) Not supported by a receipt , if requested in the 1005
1499	1499	record, if the expense is not a fee of the adoption entity; or 1006
1500	1500	Section 12. Paragraph (c) of subsection (1) of section 1007
1501	1501	63.212, Florida Statutes, is amended to read: 1008
1502	1502	63.212 Prohibited acts; penalties for violation. — 1009
1503	1503	(1) It is unlawful for any person: 1010
1504	1504	(c) To sell or surrender, or to arrange for the sale or 1011
1505	1505	surrender of, a child minor to another person for money or 1012
1506	1506	anything of value or to receive such minor child for such 1013
1507	1507	payment or thing of value. If a child minor is being adopted by 1014
1508	1508	a relative or by a stepparent, or is being adopted through an 1015
1509	1509	adoption entity, this paragraph does not prohibit the person who 1016
1510	1510	is contemplating adopting the child from paying, under ss. 1017
1511	1511	63.097 and 63.132, the actual prenatal care and living expenses 1018
1512	1512	of the mother of the child to be adopted, or from paying, under 1019
1513	1513	ss. 63.097 and 63.132, the actual living and medical expenses of 1020
1514	1514	such mother for a reasonable time, not to exceed 6 weeks, if 1021
1515	1515	medical needs require such support, after the birth of the child 1022
1516	1516	minor. 1023
1517	1517	Section 13. Paragraph (c) of subsection (2) of section 1024
1518	1518	39.4021, Florida Stat utes, is amended to read: 1025
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1527	1527	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528	1528
1529	1529
1530	1530
1531	1531	39.4021 Priority placement for out -of-home placements.— 1026
1532	1532	(2) PLACEMENT PRIORITY. — 1027
1533	1533	(c) Except as otherwise provided for in this chapter, a 1028
1534	1534	change to a child's physical or legal placement after the child 1029
1535	1535	has been sheltered but before the child has achieved permanency 1030
1536	1536	must be made in compliance with this section. Placements made 1031
1537	1537	pursuant to s. 63.083 s. 63.082(6) are exempt from this section. 1032
1538	1538	Section 14. Paragraph (d) of subsection (5) of section 1033
1539	1539	39.4022, Florida Statutes, is amended to read: 1034
1540	1540	39.4022 Multidisciplinary teams; staffings; assessments; 1035
1541	1541	report.— 1036
1542	1542	(5) SCOPE OF MULTIDISCIPLINARY TEAM. — 1037
1543	1543	(d) This section does not apply to placements made 1038
1544	1544	pursuant to s. 63.083 s. 63.082(6). 1039
1545	1545	Section 15. Subsection (6) of section 39.4023, Florida 1040
1546	1546	Statutes, is amended to read: 1041
1547	1547	39.4023 Placement and education transitions; transition 1042
1548	1548	plans.— 1043
1549	1549	(6) EXEMPTION.—Placements made pursuant to s. 63.083 s. 1044
1550	1550	63.082(6) are exempt from this section. 1045
1551	1551	Section 16. Subsection (7) of section 39 .4024, Florida 1046
1552	1552	Statutes, is amended to read: 1047
1553	1553	39.4024 Placement of siblings; visitation; continuing 1048
1554	1554	contact.— 1049
1555	1555	(7) EXEMPTION.—Placements made pursuant to s. 63.083 s. 1050
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1564	1564	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565	1565
1566	1566
1567	1567
1568	1568	63.082(6) are exempt from this section. 1051
1569	1569	Section 17. Paragraph (b) of subsection (2) and paragraph 1052
1570	1570	(a) of subsection (3) of section 39.522, Florida Statutes, are 1053
1571	1571	amended to read: 1054
1572	1572	39.522 Postdisposition change of custody. — 1055
1573	1573	(2) 1056
1574	1574	(b) Upon the admission of a need for a change or after 1057
1575	1575	such hearing, the court shall enter an order changing the 1058
1576	1576	placement, modifying the conditions of protective supervision, 1059
1577	1577	or continuing the conditions of protective supervision as 1060
1578	1578	ordered. The standard for changing custody of the child shall be 1061
1579	1579	the best interests of the child. When determining whether a 1062
1580	1580	change of legal custody or placement is in the best interests of 1063
1581	1581	the child, the court shall consider the factors listed in s. 1064
1582	1582	39.01375 and the report filed by the multidisciplinary team, if 1065
1583	1583	applicable, unless the change of custody or placement is made 1066
1584	1584	pursuant to s. 63.083 s. 63.082(6). The court shall also 1067
1585	1585	consider the priority of placements established under s. 39.4021 1068
1586	1586	when making a decision regarding the best interest of the child 1069
1587	1587	in out-of-home care. 1070
1588	1588	(3)(a) For purposes of this subsection, the term "change 1071
1589	1589	in physical custody" means a change by the department or 1072
1590	1590	community-based care lead agency to the child's physical 1073
1591	1591	residential address, regardless of whether such change requires 1074
1592	1592	a court order to change the legal custody of the child. However, 1075
1593	1593
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1601	1601	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602	1602
1603	1603
1604	1604
1605	1605	this term does not include a change in placement made pursuant 1076
1606	1606	to s. 63.083 s. 63.082(6). 1077
1607	1607	Section 18. Subsection (5) of section 39.812, Florida 1078
1608	1608	Statutes, is amended to read: 1079
1609	1609	39.812 Postdisposition relief; petition for adoption. — 1080
1610	1610	(5) The petition for adoption mu st be filed in the 1081
1611	1611	division of the circuit court which entered the judgment 1082
1612	1612	terminating parental rights, unless a motion for change of venue 1083
1613	1613	is granted pursuant to s. 47.122. A copy of the consent executed 1084
1614	1614	by the department must be attached to the petition , unless 1085
1615	1615	waived pursuant to s. 63.062(8) s. 63.062(7). The petition must 1086
1616	1616	be accompanied by a statement, signed by the prospective 1087
1617	1617	adoptive parents, acknowledging receipt of all information 1088
1618	1618	required to be disclosed under s. 63.085 and a form provided by 1089
1619	1619	the department which details the social and medical history of 1090
1620	1620	the child and each parent and includes the social security 1091
1621	1621	number and date of birth for each parent, if such information is 1092
1622	1622	available or readily obtainable. The prospective adoptive 1093
1623	1623	parents may not file a petition for adoption until the judgment 1094
1624	1624	terminating parental rights becomes final. An adoption 1095
1625	1625	proceeding under this subsection is governed by chapter 63. 1096
1626	1626	Section 19. Subsection (5) of section 63.093, Florida 1097
1627	1627	Statutes, is amended to read: 1098
1628	1628	63.093 Adoption of children from the child welfare 1099
1629	1629	system.— 1100
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1638	1638	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639	1639
1640	1640
1641	1641
1642	1642	(5) At the conclusion of the adoptive home study and 1101
1643	1643	preparation process, a decision shall be made about the 1102
1644	1644	prospective adoptive parent's appropriateness to adopt. This 1103
1645	1645	decision shall be reflect ed in the final recommendation included 1104
1646	1646	in the adoptive home study. If the recommendation is for 1105
1647	1647	approval, the adoptive parent application file must be submitted 1106
1648	1648	to the community-based care lead agency or its subcontracted 1107
1649	1649	agency for approval. The communit y-based care lead agency or its 1108
1650	1650	subcontracted agency must approve or deny the home study within 1109
1651	1651	14 business days after receipt of the recommendation. 1110
1652	1652	1111
1653	1653	Notwithstanding subsections (1) and (2), this section does not 1112
1654	1654	apply to a child adopted through the proce ss provided in s. 1113
1655	1655	63.083 s. 63.082(6). 1114
1656	1656	Section 20. This act shall take effect July 1, 2023. 1115