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