Florida Senate - 2023 SB 1288 By Senator Rodriguez 40-00601A-23 20231288__ 1 A bill to be entitled 2 An act relating to adoption; amending s. 63.032, F.S.; 3 revising the definitions of the terms abandoned and 4 parent; amending s. 63.037, F.S.; exempting certain 5 adoption proceedings from specified requirements if 6 certain documentation is contained in the courts 7 file; making technical changes; amending s. 63.0423, 8 F.S.; providing requirements for an adoption entity, 9 rather than a licensed child-placing agency, relating 10 to surrendered infants; requiring a certain finding by 11 the court before a judgment terminating parental 12 rights may be granted; amending s. 63.052, F.S.; 13 providing when an adoption entity, rather than an 14 intermediary, becomes the designated guardian of the 15 person for a child; requiring a child to be placed 16 with an intermediary, rather than with a relative, 17 under certain circumstances; making technical changes; 18 amending s. 63.062, F.S.; revising consent 19 requirements for unmarried biological fathers; 20 providing requirements for a notice of intended 21 adoption plan and service of such notice on an 22 unmarried biological father; revising the methods by 23 which a notice of a petition to adopt an adult may be 24 completed; providing construction; making technical 25 changes; amending s. 63.082, F.S.; providing that a 26 consent to adoption may identify a specific adoptive 27 parent; providing that a parents identified or 28 nonidentified consent is valid, binding, and 29 enforceable; authorizing an adoption entity to 30 intervene after the execution of consent and filing of 31 a preliminary home study; revising the factors a court 32 must consider in determining whether to transfer 33 custody of a child; specifying persons who must be 34 notified upon a revocation of consent; requiring the 35 court to enter an order maintaining certain placement 36 of the child under certain circumstances; providing 37 that a denied petition to terminate parental rights 38 may not be used in certain ways; providing that an 39 identified or nonidentified consent may not be treated 40 as a surrender of parental rights to the department or 41 the court in the absence of the express written 42 consent of the parent; making technical changes; 43 amending s. 63.085, F.S.; revising the requirements of 44 a certain required disclosure; requiring that a copy 45 of certain documents be filed with the court; making 46 technical changes; amending s. 63.087, F.S.; requiring 47 the clerk of court to issue a separate case number for 48 a petition for adoption and providing that such 49 petition may not be maintained in a specified court 50 file; authorizing a copy of a consent to adoption to 51 be filed with a petition for termination of parental 52 rights; revising and providing requirements for such 53 petitions; making technical changes; amending s. 54 63.089, F.S.; revising the factors a court must 55 consider in determining a finding of abandonment; 56 amending s. 63.122, F.S.; requiring that a certain 57 notice of hearing be given as prescribed in the 58 Florida Family Law Rules of Procedure; amending s. 59 63.132, F.S.; specifying that certain fees are hourly 60 fees; making technical changes; amending s. 63.212, 61 F.S.; providing that a person contemplating adoption 62 of a child may make specified payments to the mother 63 of the child for a specified period of time regardless 64 of whether the medical needs of the mother require 65 such support; amending s. 39.812, F.S.; conforming a 66 cross-reference; providing an effective date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1.Subsections (1) and (12) of section 63.032, 71 Florida Statutes, are amended to read: 72 63.032Definitions.As used in this chapter, the term: 73 (1)Abandoned means a situation in which a the parent or 74 a person having legal custody of a child, while being able, 75 makes little or no provision for the childs support or makes 76 little or no effort to communicate with the child, which 77 situation is sufficient to evince rejection of an intent to 78 reject parental responsibilities. If, in the opinion of the 79 court, the efforts of such parent or person having legal custody 80 of the child to support and communicate with the child are only 81 marginal efforts that do not evince a settled purpose to assume 82 all parental duties, the court may declare the child to be 83 abandoned. In making this decision, the court may consider the 84 conduct of a father toward towards the childs mother during her 85 pregnancy. 86 (12)Parent means a woman who gives birth to a child and 87 who is not a gestational surrogate as defined in s. 742.13 or a 88 man whose consent to the adoption of the child would be required 89 under s. 63.062(1). If a child has been legally adopted, the 90 term parent means the adoptive mother or father of the child. 91 The term does not include an individual whose parental 92 relationship to the child has been legally terminated, an 93 unmarried biological father, or an alleged or prospective 94 parent. 95 Section 2.Section 63.037, Florida Statutes, is amended to 96 read: 97 63.037Proceedings applicable to cases resulting from a 98 termination of parental rights under chapter 39.A case in which 99 a child minor becomes available for adoption after the parental 100 rights of each parent have been terminated by a judgment entered 101 under pursuant to chapter 39 is shall be governed by s. 39.812 102 and this chapter. Adoption proceedings initiated under chapter 103 39 are exempt from the following provisions of this chapter: 104 requirement for search of the Florida Putative Father Registry 105 provided in s. 63.054(7), if a search was previously completed 106 and documentation of the search is contained in the courts case 107 file maintained in the dependency proceeding; disclosure 108 requirements for the adoption entity provided in s. 63.085(1); 109 general provisions governing termination of parental rights 110 pending adoption provided in s. 63.087; notice and service 111 provisions governing termination of parental rights pending 112 adoption provided in s. 63.088; and procedures for terminating 113 parental rights pending adoption provided in s. 63.089. 114 Section 3.Subsections (1) through (5) and (10) of section 115 63.0423, Florida Statutes, are amended to read: 116 63.0423Procedures with respect to surrendered infants. 117 (1)Upon entry of final judgment terminating parental 118 rights, an adoption entity a licensed child-placing agency that 119 takes physical custody of an infant surrendered at a hospital, 120 emergency medical services station, or fire station under 121 pursuant to s. 383.50 assumes responsibility for the medical and 122 other costs associated with the emergency services and care of 123 the surrendered infant from the time the adoption entity 124 licensed child-placing agency takes physical custody of the 125 surrendered infant. 126 (2)The adoption entity licensed child-placing agency shall 127 immediately seek an order from the circuit court for emergency 128 custody of the surrendered infant. The emergency custody order 129 remains shall remain in effect until the court orders 130 preliminary approval of placement of the surrendered infant in a 131 the prospective adoptive home, at which time the prospective 132 adoptive parent is the guardian of the surrendered infant 133 parents become guardians pending termination of parental rights 134 and finalization of adoption or until the court orders 135 otherwise. The adoption entity may remove the surrendered infant 136 from the guardianship of the prospective adoptive parent parents 137 shall remain subject to the right of the licensed child-placing 138 agency to remove the surrendered infant from the placement 139 during the pendency of the proceedings if such removal is deemed 140 by the adoption entity licensed child-placing agency to be in 141 the best interests of the child and in accordance with s. 142 63.052. The adoption entity licensed child-placing agency may 143 immediately seek to place the surrendered infant in a 144 prospective adoptive home. 145 (3)The adoption entity licensed child-placing agency that 146 takes physical custody of the surrendered infant shall, within 147 24 hours thereafter, request assistance from law enforcement 148 officials to investigate and determine, through the Missing 149 Children Information Clearinghouse, the National Center for 150 Missing and Exploited Children, and any other national and state 151 resources, whether the surrendered infant is a missing child. 152 (4)The parent who surrenders the infant in accordance with 153 s. 383.50 is presumed to have consented to termination of 154 parental rights, and express consent is not required. Unless 155 Except when there is actual or suspected child abuse or neglect, 156 the adoption entity may licensed child-placing agency shall not 157 attempt to pursue, search for, or notify that parent as provided 158 in s. 63.088 and chapter 49. For purposes of s. 383.50 and this 159 section, an infant who tests positive for illegal drugs, 160 narcotic prescription drugs, alcohol, or other substances, but 161 shows no other signs of child abuse or neglect, must shall be 162 placed in the custody of an adoption entity a licensed child 163 placing agency. Such a placement does not eliminate the 164 reporting requirement under s. 383.50(7). When the department is 165 contacted regarding an infant properly surrendered under this 166 section and s. 383.50, the department shall provide instruction 167 to contact an adoption entity a licensed child-placing agency 168 and may not take custody of the infant unless reasonable efforts 169 to contact an adoption entity a licensed child-placing agency to 170 accept the infant have not been unsuccessful successful. 171 (5)A petition for termination of parental rights under 172 this section may not be filed until 30 days after the date the 173 infant was surrendered in accordance with s. 383.50. The court 174 may not grant a judgment terminating a petition for termination 175 of parental rights may not be granted until the court finds that 176 a parent has failed to reclaim or claim the surrendered infant 177 within the time period specified in s. 383.50. 178 (10)Except to the extent expressly provided in this 179 section, proceedings initiated by an adoption entity a licensed 180 child-placing agency for the termination of parental rights and 181 subsequent adoption of a newborn infant left at a hospital, 182 emergency medical services station, or fire station in 183 accordance with s. 383.50 must shall be conducted under pursuant 184 to this chapter. 185 Section 4.Section 63.052, Florida Statutes, is amended to 186 read: 187 63.052Guardians designated; proof of commitment. 188 (1)(a)Except as provided in paragraph (b), an adoption 189 entity is the guardian of the person for a child who has minors 190 who have been placed for adoption with an adoption entity, other 191 than an intermediary, such adoption entity shall be the guardian 192 of the person of the minor and has the responsibility and 193 authority to provide for the needs and welfare of the child 194 minor. 195 (b)(2)An adoption entity is the guardian of the person for 196 a child who has minors who have been voluntarily surrendered to 197 an adoption entity intermediary through an execution of a 198 consent to adoption, the intermediary shall be responsible for 199 the minor until the time a court orders preliminary approval of 200 placement of the child minor in a the prospective adoptive 201 home., After such order, which time the prospective adoptive 202 parent is the guardian of the person for the child parents shall 203 become guardians pending finalization of adoption, subject to 204 the adoption entitys intermediarys right and responsibility to 205 remove the child from the prospective adoptive home if the 206 removal is deemed by the adoption entity intermediary to be in 207 the best interests of the child. The adoption entity 208 intermediary may not remove the child without a court order 209 unless the child is in danger of imminent harm. The adoption 210 entity is not intermediary does not become responsible for the 211 minor childs medical bills that were incurred before taking 212 physical custody of the child after the execution of adoption 213 consents. Notwithstanding the guardianship provisions in this 214 section, the requirements of s. 627.6578 relating to insurance 215 coverage for adopted and foster children remain in effect Prior 216 to the courts entry of an order granting preliminary approval 217 of the placement, the intermediary shall have the responsibility 218 and authority to provide for the needs and welfare of the minor. 219 A child minor may not be placed in a prospective adoptive home 220 until that home has received a favorable preliminary home study, 221 as provided in s. 63.092, completed and approved within 1 year 222 before such placement in the prospective home. The provisions of 223 s. 627.6578 shall remain in effect notwithstanding the 224 guardianship provisions in this section. 225 (2)(3)If a child minor is surrendered to an adoption 226 entity for subsequent adoption and a suitable prospective 227 adoptive home with a favorable home study as provided in s. 228 63.092 is not available pursuant to s. 63.092 at the time the 229 child minor is surrendered to the adoption entity, the child 230 minor must be placed in a licensed foster care home, with a 231 person or family that has received a favorable preliminary home 232 study as required under paragraph (1)(b) pursuant to subsection 233 (2), or with an intermediary a relative until a suitable 234 prospective adoptive home is available. 235 (3)(4)If a child minor is voluntarily surrendered to an 236 adoption entity for subsequent adoption and the adoption does 237 not become final within 180 days after termination of parental 238 rights, the adoption entity must report to the court on the 239 status of the child minor and the court may at that time proceed 240 under s. 39.701 or take action reasonably necessary to protect 241 the best interest of the child minor. 242 (4)(5)The recital in a written consent, answer, or 243 recommendation filed by an adoption entity that the child minor 244 has been permanently committed to the adoption entity or that 245 the adoption entity is duly licensed is shall be prima facie 246 proof of such commitment. A consent for adoption signed by an 247 adoption entity does not need to not comply with s. 63.082. 248 (5)(6)Unless otherwise authorized by law or ordered by the 249 court, the department is not responsible for expenses incurred 250 by other adoption entities participating in a placement of a 251 child minor. 252 (6)(7)The court retains jurisdiction of a child minor who 253 has been placed for adoption until the adoption is final. After 254 a child minor is placed with an adoption entity or a prospective 255 adoptive parent, the court may review the status of the child 256 minor and the progress toward permanent adoptive placement. 257 Section 5.Section 63.062, Florida Statutes, is amended to 258 read: 259 63.062Persons required to consent to adoption; affidavit 260 of nonpaternity; waiver of venue. 261 (1)Unless supported by one or more of the grounds 262 enumerated under s. 63.089(3), a petition to terminate parental 263 rights pending adoption may be granted only if written consent 264 has been executed as provided in s. 63.082 after the birth of 265 the child minor or notice has been served under s. 63.088 to: 266 (a)The mother of the child minor. 267 (b)The father of the child minor, if: 268 1.The child minor was conceived or born while the father 269 was married to the mother; 270 2.The child minor is the fathers his child by adoption; 271 3.The child minor has been adjudicated by the court to be 272 the fathers his child before the date a petition for 273 termination of parental rights is filed; 274 4.The father He has filed an affidavit of paternity under 275 pursuant to s. 382.013(2)(c) or he is listed on the childs 276 birth certificate before the date a petition for termination of 277 parental rights is filed; or 278 5.In the case of an unmarried biological father, he has 279 acknowledged in writing, signed in the presence of a competent 280 witness, that he is the father of the child minor, has filed 281 such acknowledgment with the Office of Vital Statistics of the 282 Department of Health within the required timeframes, and has 283 strictly complied with the requirements of subsection (2). 284 285 The status of the father must shall be determined at the time of 286 the filing of the petition to terminate parental rights and may 287 not be modified, except as otherwise provided in s. 288 63.0423(9)(a), for purposes of his obligations and rights under 289 this chapter by acts occurring after the filing of the petition 290 to terminate parental rights. 291 (c)The child minor, if 12 years of age or older, unless 292 the court finds that it is not in the best interest of the child 293 to require his or her minor dispenses with the minors consent. 294 (d)Any person lawfully entitled to custody of the child 295 minor if required by the court. 296 (e)The court having jurisdiction to determine custody of 297 the child minor, if the person having physical custody of the 298 child minor does not have authority to consent to the adoption. 299 (2)In accordance with subsection (1), the consent of an 300 unmarried biological father is shall be necessary only if the 301 unmarried biological father has complied with all of the 302 requirements of this subsection. 303 (a)1.With regard to a child who is placed with an adoptive 304 parent parents more than 6 months after the childs birth, an 305 unmarried biological father must have developed a substantial 306 relationship with the child, taken some measure of 307 responsibility for the child and the childs future, and 308 demonstrated a full commitment to the responsibilities of 309 parenthood by providing reasonable and regular financial support 310 for the childs educational, medical, and living expenses to the 311 child in accordance with the unmarried biological fathers 312 ability, if not prevented from doing so by the person or 313 authorized agency having lawful custody of the child, and 314 either: 315 a.Regularly visited the child at least monthly, when 316 physically and financially able to do so and when not prevented 317 from doing so by the birth mother or the person or authorized 318 agency having lawful custody of the child; or 319 b.Maintained regular communication with the child or with 320 the person or agency having the care or custody of the child, 321 when physically or financially unable to visit the child or when 322 not prevented from doing so by the birth mother or person or 323 authorized agency having lawful custody of the child. 324 2.An unmarried biological father who openly lived with the 325 child for at least 6 months within the 1-year period following 326 the birth of the child and immediately preceding placement of 327 the child with an adoptive parent parents and who openly held 328 himself out to be the father of the child during that period is 329 shall be deemed to have developed a substantial relationship 330 with the child and to have otherwise met the requirements of 331 this paragraph. 332 (b)With regard to a child who is 6 months of age or 333 younger at the time the child is placed for adoption with the 334 adoptive parents, an unmarried biological father must have 335 demonstrated a full commitment to his parental responsibility by 336 having performed all of the following acts within 30 days after 337 receipt of service of the notice of intended adoption plan prior 338 to the time the mother executes her consent for adoption: 339 1.Filed a notarized claim of paternity form with the 340 Florida Putative Father Registry within the Office of Vital 341 Statistics of the Department of Health, which form must shall be 342 maintained in the confidential registry established for that 343 purpose and is shall be considered filed when the notice is 344 entered in the registry of notices from unmarried biological 345 fathers. 346 2.Upon service of a notice of an intended adoption plan or 347 a petition for termination of parental rights pending adoption, 348 executed and Filed an affidavit or a verified response with the 349 court in that proceeding stating that he is personally fully 350 able and willing to take responsibility for the child, setting 351 forth his plans for care of the child, and agreeing to a court 352 order of child support and a contribution to the payment of 353 living and medical expenses incurred for the mothers pregnancy 354 and the childs birth in accordance with his ability to pay. 355 3.If he had knowledge of the pregnancy, Paid a fair and 356 reasonable amount toward of the living and medical expenses of 357 the birth mother and the child incurred in connection with the 358 mothers pregnancy and the childs birth, in accordance with the 359 unmarried fathers his financial ability to pay, unless and when 360 not prevented from doing so by the birth mother or person or 361 authorized agency having lawful custody of the child. The 362 responsibility of the unmarried biological father to provide 363 financial assistance to the birth mother during her pregnancy 364 and to the child after birth is not abated because support is 365 being provided to the birth mother or child by the adoption 366 entity, a prospective adoptive parent, or a third party, nor 367 does it serve as a basis to excuse the birth fathers failure to 368 provide support. 369 370 Offers of support are insufficient to meet the requirements of 371 this subsection. 372 (c)The mere fact that a father expresses a desire to 373 fulfill his responsibilities toward towards his child which is 374 unsupported by acts evidencing this intent does not meet the 375 requirements of this subsection section. An unmarried biological 376 father who does not strictly comply with each of the conditions 377 provided in this subsection is not considered a parent under 378 this chapter and the court shall enter a judgment finding that 379 the unmarried biological father has waived and surrendered any 380 rights in relation to the child, including the right to notice 381 of any judicial proceeding in connection with the adoption of 382 the child, and his consent to the adoption of the child is not 383 required and any claim he may have had to the child is barred. 384 Upon the entry of the court order, the adoption entity has no 385 further duties under this chapter with regard to the unmarried 386 biological father. 387 (d)The petitioner shall file with the court a certificate 388 from the Office of Vital Statistics stating that a diligent 389 search has been made of the Florida Putative Father Registry of 390 notices from unmarried biological fathers described in 391 subparagraph (b)1. and that no filing has been found pertaining 392 to the father of the child in question or, if a filing is found, 393 stating the name of the putative father and the time and date of 394 filing. That certificate shall be filed with the court prior to 395 the entry of a final judgment of termination of parental rights. 396 (e)An unmarried biological father who does not comply with 397 each of the conditions provided in this subsection is deemed to 398 have waived and surrendered any rights in relation to the child, 399 including the right to notice of any judicial proceeding in 400 connection with the adoption of the child, and his consent to 401 the adoption of the child is not required. 402 (3)Pursuant to chapter 48, an adoption entity shall serve 403 a notice of intended adoption plan upon any known and locatable 404 unmarried biological father who is identified to the adoption 405 entity by the mother by the date she signs her consent for 406 adoption if the child is 6 months of age or less at the time the 407 consent is executed. Service of the notice of intended adoption 408 plan is not required when the unmarried biological father signs 409 a consent for adoption or an affidavit of nonpaternity or when 410 the child is more than 6 months of age at the time of the 411 execution of the consent by the mother. The notice may be served 412 at any time before the childs birth or, after the childs birth 413 only if the mother identifies him to the adoption entity as a 414 potential biological father by the date she executes a consent 415 for adoption before placing the child in the adoptive home. The 416 recipient of the notice may waive service of process by 417 executing a waiver and acknowledging receipt of the plan. 418 (a)The notice of intended adoption plan must specifically 419 state that if the unmarried biological father desires to contest 420 the adoption plan he must, within 30 days after service, file 421 with the court a verified response that contains a pledge of 422 commitment to the child in substantial compliance with 423 subparagraph (2)(b)2., file and a claim of paternity form with 424 the Office of Vital Statistics, and must provide to the adoption 425 entity a fair and reasonable amount of support for the benefit 426 of the birth mother and child with a copy of the verified 427 response filed with the court and the claim of paternity form 428 filed with the Office of Vital Statistics. 429 (b)The notice must also include instructions for 430 submitting a claim of paternity form to the Office of Vital 431 Statistics and the address to which the claim must be sent. 432 (c)The unmarried biological father must provide the 433 adoption entity with a copy of the verified response filed with 434 the court and the claim of paternity form filed with the Office 435 of Vital Statistics If the party served with the notice of 436 intended adoption plan is an entity whose consent is required, 437 the notice must specifically state that the entity must file, 438 within 30 days after service, a verified response setting forth 439 a legal basis for contesting the intended adoption plan, 440 specifically addressing the best interests of the child. 441 (a)If the unmarried biological father or entity whose 442 consent is required fails to timely and properly file a verified 443 response with the court and, in the case of an unmarried 444 biological father, a claim of paternity form with the Office of 445 Vital Statistics, the court shall enter a default judgment 446 against the unmarried biological father or entity and the 447 consent of that unmarried biological father or entity shall no 448 longer be required under this chapter and shall be deemed to 449 have waived any claim of rights to the child. To avoid an entry 450 of a default judgment, within 30 days after receipt of service 451 of the notice of intended adoption plan: 452 1.The unmarried biological father must: 453 a.File a claim of paternity with the Florida Putative 454 Father Registry maintained by the Office of Vital Statistics; 455 b.File a verified response with the court which contains a 456 pledge of commitment to the child in substantial compliance with 457 subparagraph (2)(b)2.; and 458 c.Provide support for the birth mother and the child. 459 2.The entity whose consent is required must file a 460 verified response setting forth a legal basis for contesting the 461 intended adoption plan, specifically addressing the best 462 interests of the child. 463 (4)(b)If the mother identifies a potential unmarried 464 biological father within the timeframes required by this section 465 the statute, whose location is unknown, the adoption entity must 466 shall conduct a diligent search under pursuant to s. 63.088. If, 467 upon completion of a diligent search, the potential unmarried 468 biological fathers location remains unknown and a search of the 469 Florida Putative Father Registry fails to reveal a match, the 470 adoption entity must shall request in the petition for 471 termination of parental rights pending adoption that the court 472 declare the diligent search to be in compliance with s. 63.088, 473 that the adoption entity has no further obligation to provide 474 notice to the potential unmarried biological father, and that 475 the potential unmarried biological fathers consent to the 476 adoption is not required. 477 (5)(4)Any person whose consent is required under paragraph 478 (1)(b), or any other man, may execute an irrevocable affidavit 479 of nonpaternity in lieu of a consent under this section and by 480 doing so waives notice to all court proceedings after the date 481 of execution. An affidavit of nonpaternity must be executed as 482 provided in s. 63.082. The affidavit of nonpaternity may be 483 executed before prior to the birth of the child. The person 484 executing the affidavit must receive disclosure under s. 63.085 485 before prior to signing the affidavit. For purposes of this 486 chapter, an affidavit of nonpaternity is sufficient if it 487 contains a specific denial of parental obligations and does not 488 need to deny the existence of a biological relationship. 489 (6)(5)A person who signs a consent to adoption or an 490 affidavit of nonpaternity must be given reasonable notice of his 491 or her right to select a person who does not have an employment, 492 professional, or personal relationship with the adoption entity 493 or the prospective adoptive parent parents to be present when 494 the consent to adoption or affidavit of nonpaternity is executed 495 and to sign the consent or affidavit as a witness. 496 (7)(6)The petitioner must make good faith and diligent 497 efforts as provided under s. 63.088 to notify, and obtain 498 written consent from, the persons required to consent to 499 adoption under this section. The petitioner shall file with the 500 court a certificate from the Office of Vital Statistics stating 501 that a diligent search has been made of the Florida Putative 502 Father Registry of notices from unmarried biological fathers 503 described in subparagraph (2)(b)1. and that no filing has been 504 found pertaining to the father of the child in question or, if a 505 filing is found, stating the name of the putative father and the 506 time and date of filing. That certificate must be filed with the 507 court before the entry of a final judgment of termination of 508 parental rights. 509 (8)(7)If parental rights to the child minor have 510 previously been terminated, the adoption entity with which the 511 child minor has been placed for subsequent adoption may provide 512 consent to the adoption. In such case, no other consent is 513 required. The consent of the department is shall be waived upon 514 a determination by the court that such consent is being 515 unreasonably withheld and if the petitioner has filed with the 516 court a favorable preliminary adoptive home study as required 517 under s. 63.092. 518 (9)(8)A petition to adopt an adult may be granted if: 519 (a)Written consent to adoption has been executed by the 520 adult and the adults spouse, if any, unless the spouses 521 consent is waived by the court for good cause. 522 (b)Written notice of the final hearing on the adoption has 523 been provided to the parents, if any, by certified mail, or 524 proof of service of process, or written waiver has been filed, 525 showing notice has been served on the parents as provided in 526 this chapter. 527 (10)(a)(9)A petition for termination of parental rights 528 must be filed in the appropriate county as determined under s. 529 63.087(2). If a parent whose consent is required objects to 530 venue in the county where the action was filed, the court may 531 transfer venue to a proper venue consistent with this chapter 532 and chapter 47 unless the objecting parent has previously 533 executed a waiver of venue. 534 (b)(10)The waiver of venue must be a separate document 535 containing no consents, disclosures, or other information 536 unrelated to venue. 537 (11)This section does not preclude a claim for prebirth 538 abandonment under ss. 63.082 and 63.089. 539 Section 6.Subsection (2), paragraph (a) of subsection (3), 540 paragraphs (a), (b), and (c) of subsection (4), paragraphs (a), 541 (b), and (e) of subsection (6), and subsection (7) of section 542 63.082, Florida Statutes, are amended to read: 543 63.082Execution of consent to adoption or affidavit of 544 nonpaternity; family social and medical history; revocation of 545 consent. 546 (2)A consent may name or otherwise identify a specific 547 adoptive parent. A consent that does not name or otherwise 548 identify the adoptive adopting parent is valid if the consent 549 contains a statement by the person consenting that the consent 550 was voluntarily executed and that identification of the adoptive 551 adopting parent is not required for granting the consent. 552 (3)(a)The department must provide a family social and 553 medical history form to an adoption entity that intends to place 554 a child for adoption. Forms containing, at a minimum, the same 555 information as the forms promulgated by the department must be 556 attached to the petition to terminate parental rights pending 557 adoption and must contain biological and sociological 558 information or information as to the family medical history 559 regarding the child minor and the parents. This form is not 560 required for adoptions of relatives, adult adoptions, or 561 adoptions of stepchildren, unless parental rights are being or 562 were terminated under pursuant to chapter 39. The information 563 must be filed with the court in the termination of parental 564 rights proceeding. 565 (4)(a)An affidavit of nonpaternity may be executed before 566 the birth of the child minor; however, the consent to an 567 adoption may not be executed before the birth of the child minor 568 except in a preplanned adoption under pursuant to s. 63.213. 569 (b)A consent to the adoption of a child minor who is to be 570 placed for adoption may be executed by the birth mother 48 hours 571 after the childs minors birth or the day the birth mother is 572 notified in writing, either on her patient chart or in release 573 paperwork, that she is fit to be released from the licensed 574 hospital or birth center, whichever is earlier. A consent by any 575 man may be executed at any time after the birth of the child. 576 The consent is valid upon execution and may be withdrawn only if 577 the court finds that it was obtained by fraud or duress. 578 (c)If the child minor to be adopted is older than 6 months 579 of age at the time of the execution of the consent, the consent 580 to adoption is valid upon execution; however, it is subject to a 581 revocation period of 3 business days. 582 (6)(a)If a parent executes an identified consent or a 583 nonidentified consent for adoption of a child minor with an 584 adoption entity or a qualified prospective adoptive parent 585 parents and the minor child is under the supervision of the 586 department, or otherwise subject to the jurisdiction of the 587 dependency court as a result of the entry of a shelter order, a 588 dependency petition, or a petition for termination of parental 589 rights pursuant to chapter 39, but parental rights have not yet 590 been terminated, the adoption consent is valid, binding, and 591 enforceable by the court. 592 (b)Upon execution of the consent of the parent and filing 593 of the preliminary home study as required in s. 63.092(3), the 594 adoption entity may shall be permitted to intervene in the 595 dependency case as a party of in interest and must provide the 596 court that acquired jurisdiction over the child minor, pursuant 597 to the shelter order or dependency petition filed by the 598 department, a copy of the preliminary home study of the 599 prospective adoptive parent parents and any other evidence of 600 the suitability of the placement. The preliminary home study 601 must be maintained with strictest confidentiality within the 602 dependency court file and the departments file. A preliminary 603 home study must be provided to the court in all cases in which 604 an adoption entity has intervened pursuant to this section. 605 Unless the court has concerns regarding the qualifications of 606 the home study provider, or concerns that the home study may not 607 be adequate to determine the best interests of the child, the 608 home study provided by the adoption entity shall be deemed to be 609 sufficient and no additional home study needs to be performed by 610 the department. 611 (e)In determining whether the best interests of the child 612 are served by transferring the custody of the minor child to the 613 prospective adoptive parent selected by the parent or adoption 614 entity, the court shall consider and weigh all relevant factors, 615 including, but not limited to: 616 1.The permanency offered; 617 2.The established bonded relationship between the child 618 and the current caregiver in any potential adoptive home in 619 which the child has been residing; 620 3.The stability of the potential adoptive home in which 621 the child has been residing as well as the desirability of 622 maintaining continuity of placement; 623 4.The importance of maintaining sibling relationships, if 624 possible; 625 5.The reasonable preferences and wishes of the child, if 626 the court deems the child to be of sufficient maturity, 627 understanding, and experience to express a preference; 628 6.Whether a petition for termination of parental rights 629 has been filed pursuant to s. 39.806(1)(f), (g), or (h); 630 7.The childs particular needs and development What is 631 best for the child; and 632 8.The right of the parent to determine an appropriate 633 placement for the child. 634 (7)If a person is seeking to revoke consent for a child 635 older than 6 months of age: 636 (a)The person seeking to revoke consent must, in 637 accordance with paragraph (4)(c), notify the adoption entity, or 638 if there is not an adoption entity, the adoptive parents 639 attorney, or the adoptive parent if he or she is unrepresented, 640 in writing by certified mail, return receipt requested, within 3 641 business days after execution of the consent. As used in this 642 subsection, the term business day means any day on which the 643 United States Postal Service accepts certified mail for 644 delivery. 645 (b)Upon receiving timely written notice from a person 646 whose consent to adoption is required of that persons desire to 647 revoke consent, the adoption entity must contact the prospective 648 adoptive parent to arrange a time certain for the adoption 649 entity to regain physical custody of the child minor, unless, 650 upon a motion for emergency hearing by the adoption entity, the 651 court determines in written findings that placement of the child 652 minor with the person who had legal or physical custody of the 653 child immediately before the child was placed for adoption may 654 endanger the child minor or that the person who desires to 655 revoke consent is not required to consent to the adoption, has 656 been determined to have abandoned the child, or is otherwise 657 subject to a determination that the persons consent is waived 658 under this chapter. 659 (c)If the court finds that the placement of the child with 660 the person who had legal or physical custody of the child 661 immediately before the child was placed for adoption may 662 endanger the child minor, the court shall enter an order 663 continuing the placement of the child minor with the prospective 664 adoptive parent parents pending further proceedings if they 665 desire continued placement. If the prospective adoptive parent 666 does parents do not desire continued placement, the order must 667 include, but is need not be limited to, a determination of 668 whether temporary placement in foster care, with the person who 669 had legal or physical custody of the child immediately before 670 placing the child for adoption, or with a relative is in the 671 best interests of the child and whether an investigation by the 672 department is recommended. 673 (d)If the person revoking consent claims to be the father 674 of the child minor but has not been established to be the father 675 by marriage, court order, or scientific testing, the court may 676 order scientific paternity testing and reserve ruling on removal 677 of the child minor until the results of such testing have been 678 filed with the court. 679 (e)The adoption entity must return the child minor within 680 3 business days after timely and proper notification of the 681 revocation of consent or after the court determines that 682 revocation is timely and in accordance with the requirements of 683 this chapter upon consideration of an emergency motion, as filed 684 pursuant to paragraph (b), to the physical custody of the person 685 revoking consent or the person directed by the court. If the 686 person seeking to revoke consent claims to be the father of the 687 child minor but has not been established to be the father by 688 marriage, court order, or scientific testing, the adoption 689 entity may return the child minor to the care and custody of the 690 mother, if she desires such placement and she is not otherwise 691 prohibited by law from having custody of the child. 692 (f)Following the revocation period described in paragraph 693 (a), consent may be set aside only when the court finds that the 694 consent was obtained by fraud or duress. 695 (g)An affidavit of nonpaternity may be set aside only if 696 the court finds that the affidavit was obtained by fraud or 697 duress. 698 (h)If the consent of one parent is set aside or revoked in 699 accordance with this chapter, or if a petition to terminate 700 parental rights is denied, any other consents executed by the 701 other parent or a third party whose consent is required for the 702 adoption of the child may not be used by the parent whose 703 consent was revoked or set aside to terminate or diminish the 704 rights of the other parent or third party whose consent was 705 required for the adoption of the child. An identified or 706 nonidentified consent executed under s. 63.082 may not be 707 treated as a surrender of parental rights to the department or 708 the court in a dependency proceeding without the express written 709 consent of that parent. 710 Section 7.Subsections (1) and (3) of section 63.085, 711 Florida Statutes, are amended to read: 712 63.085Disclosure by adoption entity. 713 (1)DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE 714 PARENTS.Within 14 days after a person seeking to adopt a child 715 minor or a person seeking to place a child minor for adoption 716 contacts an adoption entity in person or provides the adoption 717 entity with a mailing address, the entity must provide a written 718 disclosure statement to that person if the entity agrees or 719 continues to work with the person. The adoption entity shall 720 also provide the written disclosure to the parent who did not 721 initiate contact with the adoption entity within 14 days after 722 that parent is identified and located. For purposes of providing 723 the written disclosure, a person is considered to be seeking to 724 place a child minor for adoption if that person has sought 725 information or advice from the adoption entity regarding the 726 option of adoptive placement. If the adoption entity agrees or 727 continues to work with the person, the adoption entity must also 728 provide the written disclosure to the person who did not 729 initiate contact with the adoption entity within 14 days after 730 such person is identified and located. The written disclosure 731 statement must be in substantially the following form: 732 733 ADOPTION DISCLOSURE 734 735 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE 736 PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A CHILD 737 MINOR OR SEEKING TO PLACE A CHILD MINOR FOR ADOPTION, 738 TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING 739 ADOPTION UNDER FLORIDA LAW: 740 741 1.The name, address, and telephone number of the 742 adoption entity providing this disclosure is: 743 Name:.................................................... 744 Address:................................................. 745 Telephone Number:........................................ 746 747 2.The adoption entity does not provide legal 748 representation or advice to parents or anyone signing 749 a consent for adoption or affidavit of nonpaternity, 750 and parents have the right to consult with an attorney 751 of their own choosing to advise them. 752 3.With the exception of an adoption by a 753 stepparent or relative, a child cannot be placed into 754 a prospective adoptive home unless the prospective 755 adoptive parent has parents have received a favorable 756 preliminary home study, including criminal and child 757 abuse clearances. 758 4.A valid consent for adoption may not be signed 759 by the birth mother until 48 hours after the birth of 760 the child, or the day the birth mother is notified, in 761 writing, that she is fit for discharge from the 762 licensed hospital or birth center. Any man may sign a 763 valid consent for adoption at any time after the birth 764 of the child. 765 5.A consent for adoption signed when before the 766 child is attains the age of 6 months of age or younger 767 is binding and irrevocable from the moment it is 768 signed unless it can be proven in court that the 769 consent was obtained by fraud or duress. A consent for 770 adoption signed after the child attains the age of 6 771 months is valid from the moment it is signed; however, 772 it may be revoked up to 3 business days after it was 773 signed. 774 6.A consent for adoption is not valid if the 775 signature of the person who signed the consent was 776 obtained by fraud or duress. 777 7.An unmarried biological father must act 778 immediately in order to protect his parental rights. 779 Section 63.062, Florida Statutes, prescribes that any 780 father seeking to establish his right to consent to 781 the adoption of his child must file a claim of 782 paternity with the Florida Putative Father Registry 783 maintained by the Office of Vital Statistics of the 784 Department of Health before by the date a petition to 785 terminate parental rights is filed with the court, or 786 within 30 days after receiving service of a Notice of 787 Intended Adoption Plan. If he receives a Notice of 788 Intended Adoption Plan, he must file a claim of 789 paternity with the Florida Putative Father Registry, 790 file a parenting plan with the court, and provide 791 financial support to the mother or child within 30 792 days after following service. An unmarried biological 793 fathers failure to timely respond to a Notice of 794 Intended Adoption Plan constitutes an irrevocable 795 legal waiver of any and all rights that the father may 796 have to the child. A claim of paternity registration 797 form for the Florida Putative Father Registry may be 798 obtained from any local office of the Department of 799 Health, Office of Vital Statistics, the Department of 800 Children and Families, the Internet websites for these 801 agencies, and the offices of the clerks of the Florida 802 circuit courts. The claim of paternity form must be 803 submitted to the Office of Vital Statistics, 804 Attention: Adoption Unit, P.O. Box 210, Jacksonville, 805 FL 32231. 806 8.There are alternatives to adoption, including 807 foster care, relative care, and parenting the child. 808 There may be services and sources of financial 809 assistance in the community available to parents if 810 they choose to parent the child. 811 9.A parent has the right to have a witness of 812 his or her choice, who is unconnected with the 813 adoption entity or the adoptive parent parents, to be 814 present and witness the signing of the consent or 815 affidavit of nonpaternity. 816 10.A parent 14 years of age or younger must have 817 a parent, legal guardian, or court-appointed guardian 818 ad litem to assist and advise the parent as to the 819 adoption plan and to witness consent. 820 11.A parent has a right to receive supportive 821 counseling from a counselor, social worker, physician, 822 clergy, or attorney. 823 12.The payment of living or medical expenses by 824 the prospective adoptive parent or the adoption entity 825 parents before the birth of the child does not, in any 826 way, obligate the parent to sign the consent to for 827 adoption. 828 829 (3)ACKNOWLEDGMENT OF DISCLOSURE.The adoption entity must 830 obtain a written statement acknowledging receipt of the 831 disclosures required under this section and signed by the 832 persons receiving the disclosure or, if it is not possible to 833 obtain such an acknowledgment, the adoption entity must execute 834 an affidavit stating why an acknowledgment could not be 835 obtained. If the disclosure was delivered by certified mail, 836 return receipt requested, a return receipt signed by the person 837 from whom acknowledgment is required is sufficient to meet the 838 requirements of this subsection. A copy of the acknowledgment of 839 receipt of the disclosure must be provided to the person signing 840 it. A copy of the acknowledgment or affidavit executed by the 841 adoption entity in lieu of the acknowledgment must be maintained 842 in the file of the adoption entity and. The original 843 acknowledgment or affidavit must be filed with the court. 844 Section 8.Subsection (3) and paragraphs (b) and (e) of 845 subsection (4) of section 63.087, Florida Statutes, are amended 846 to read: 847 63.087Proceeding to terminate parental rights pending 848 adoption; general provisions. 849 (3)PREREQUISITE FOR ADOPTION.A petition for adoption may 850 not be filed until after the date the court enters the judgment 851 terminating parental rights pending adoption. The clerk of the 852 court shall issue a separate case number and maintain a separate 853 court file for a petition for adoption. A petition for adoption 854 may not be maintained in the same court file as the proceeding 855 to terminate parental rights. Adoptions of relatives, adult 856 adoptions, or adoptions of stepchildren are not required to file 857 a separate termination of parental rights proceeding pending 858 adoption. In such cases, the petitioner may file a joint 859 petition for termination of parental rights and adoption, 860 attaching all required consents, affidavits, notices, and 861 acknowledgments. Unless otherwise provided by law, this chapter 862 applies to joint petitions. 863 (4)PETITION. 864 (b)The petition may be filed by a parent or person having 865 physical custody of the child minor. The petition may be filed 866 by an adoption entity only if a parent or person having physical 867 or legal custody who has executed a consent to adoption under 868 pursuant to s. 63.082 also consents in writing to the adoption 869 entity filing the petition. A copy The original of such consent 870 must be filed with the petition. 871 (e)The petition must include: 872 1.The childs minors name, gender, date of birth, and 873 place of birth. The petition must contain all names by which the 874 child minor is or has been known, excluding the childs minors 875 prospective adoptive name but including the childs minors 876 legal name at the time of the filing of the petition. In the 877 case of an infant child whose adoptive name appears on the 878 original birth certificate, the adoptive name shall not be 879 included in the petition, nor shall it be included elsewhere in 880 the termination of parental rights proceeding. 881 2.All information required by the Uniform Child Custody 882 Jurisdiction and Enforcement Act and the Indian Child Welfare 883 Act. 884 3.A statement of the grounds under s. 63.089 upon which 885 the petition is based. 886 4.The name, address, and telephone number of any adoption 887 entity seeking to place the child minor for adoption. 888 5.The name, address, and telephone number of the division 889 of the circuit court in which the petition is to be filed. 890 6.A certification that the petitioner will comply of 891 compliance with the requirements of s. 63.0425 regarding notice 892 to grandparents of an impending adoption. 893 7.A copy of the original birth certificate of the child, 894 attached to the petition or filed with the court before the 895 final hearing on the petition to terminate parental rights. 896 Section 9.Paragraph (b) of subsection (2) and subsection 897 (4) of section 63.089, Florida Statutes, are amended to read: 898 63.089Proceeding to terminate parental rights pending 899 adoption; hearing; grounds; dismissal of petition; judgment. 900 (2)HEARING PREREQUISITES.The court may hold the hearing 901 only when: 902 (b)For each notice and petition that must be served under 903 ss. 63.087 and 63.088: 904 1.At least 20 days have elapsed since the date of personal 905 service and an affidavit of service has been filed with the 906 court; 907 2.At least 30 days have elapsed since the first date of 908 publication of constructive service and an affidavit of service 909 has been filed with the court; or 910 3.An affidavit of nonpaternity, consent to for adoption, 911 or other document that affirmatively waives service and notice 912 of the hearing has been executed and filed with the court. 913 (4)FINDING OF ABANDONMENT.A finding of abandonment 914 resulting in a termination of parental rights must be based upon 915 clear and convincing evidence that a parent or person having 916 legal custody has abandoned the child in accordance with the 917 definition of abandoned contained in s. 63.032. A finding of 918 abandonment may also be based upon emotional abuse; on or a 919 failure refusal to provide reasonable financial support, when 920 able, to a birth mother during her pregnancy or to the child 921 after his or her birth; or on whether the person alleged to have 922 abandoned the child, while being able, failed to establish 923 contact with the child or accept responsibility for the childs 924 welfare. 925 (a)In making a determination of abandonment at a hearing 926 for termination of parental rights under this chapter, the court 927 shall consider, among other relevant factors not inconsistent 928 with this section, all of the following: 929 1.Whether the actions alleged to constitute abandonment 930 demonstrate a willful disregard for the safety or welfare of the 931 child or the unborn child.; 932 2.Whether the person alleged to have abandoned the child, 933 while being able, failed to provide financial support.; 934 3.Whether the person alleged to have abandoned the child, 935 while being able, failed to pay for medical treatment.; and 936 4.Whether the amount of support provided or medical 937 expenses paid was appropriate, taking into consideration the 938 needs of the child and relative means and resources available to 939 the person alleged to have abandoned the child. 940 (b)The child has been abandoned when the parent of a child 941 is or was incarcerated on or after October 1, 2001, in a 942 federal, state, or county correctional institution and: 943 1.The period of time for which the parent has been or is 944 expected to be incarcerated will constitute a significant 945 portion of the childs minority. In determining whether the 946 period of time is significant, the court shall consider the 947 childs age and the childs need for a permanent and stable 948 home. The period of time begins on the date that the parent 949 enters into incarceration; 950 2.The incarcerated parent has been determined by a court 951 of competent jurisdiction to be a violent career criminal as 952 defined in s. 775.084, a habitual violent felony offender as 953 defined in s. 775.084, convicted of child abuse as defined in s. 954 827.03, or a sexual predator as defined in s. 775.21; has been 955 convicted of first degree or second degree murder in violation 956 of s. 782.04 or a sexual battery that constitutes a capital, 957 life, or first degree felony violation of s. 794.011; or has 958 been convicted of a substantially similar offense in another 959 jurisdiction. As used in this section, the term substantially 960 similar offense means any offense that is substantially similar 961 in elements and penalties to one of those listed in this 962 subparagraph, and that is in violation of a law of any other 963 jurisdiction, whether that of another state, the District of 964 Columbia, the United States or any possession or territory 965 thereof, or any foreign jurisdiction; or 966 3.The court determines by clear and convincing evidence 967 that continuing the parental relationship with the incarcerated 968 parent would be harmful to the child and, for this reason, 969 termination of the parental rights of the incarcerated parent is 970 in the best interests of the child. 971 Section 10.Subsection (2) of section 63.122, Florida 972 Statutes, is amended to read: 973 63.122Notice of hearing on petition. 974 (2)Notice of hearing must be given as prescribed by the 975 Florida Family Law Rules of Civil Procedure, and service of 976 process must be made as specified by law for civil actions. 977 Section 11.Subsections (1) and (3) of section 63.132, 978 Florida Statutes, are amended to read: 979 63.132Affidavit of expenses and receipts. 980 (1)Before the hearing on the petition for adoption, the 981 prospective adoptive parent and any adoption entity must file 982 two copies of an affidavit under this section. 983 (a)The affidavit must be signed by the adoption entity and 984 the prospective adoptive parent parents. A copy of the affidavit 985 must be provided to the adoptive parent parents at the time the 986 affidavit is executed. 987 (b)The affidavit must itemize all disbursements and 988 receipts of anything of value, including professional and legal 989 fees, made or agreed to be made by or on behalf of the 990 prospective adoptive parent and any adoption entity in 991 connection with the adoption or in connection with any prior 992 proceeding to terminate parental rights which involved the child 993 minor who is the subject of the petition for adoption. The 994 affidavit must also include, for each hourly legal or counseling 995 fee itemized, the service provided for which the hourly fee is 996 being charged, the date the service was provided, the time 997 required to provide the service if the service was charged by 998 the hour, the person or entity that provided the service, and 999 the hourly fee charged. 1000 (c)The affidavit must show any expenses or receipts 1001 incurred in connection with: 1002 1.The birth of the child minor. 1003 2.The placement of the child minor with the petitioner. 1004 3.The medical or hospital care received by the mother or 1005 by the child minor during the mothers prenatal care and 1006 confinement. 1007 4.The living expenses of the birth mother. The living 1008 expenses must be itemized in detail to apprise the court of the 1009 exact expenses incurred. 1010 5.The services relating to the adoption or to the 1011 placement of the child minor for adoption that were received by 1012 or on behalf of the petitioner, the adoption entity, either 1013 parent, the child minor, or any other person. 1014 1015 The affidavit must state whether any of these expenses were paid 1016 for by collateral sources, including, but not limited to, health 1017 insurance, Medicaid, Medicare, or public assistance. 1018 (3)The court must issue a separate order approving or 1019 disapproving the fees, costs, and expenses itemized in the 1020 affidavit. The court may approve only fees, costs, and 1021 expenditures allowed under s. 63.097. The court may reject in 1022 whole or in part any fee, cost, or expenditure listed if the 1023 court finds that the expense is any of the following: 1024 (a)Contrary to this chapter.; 1025 (b)Not supported by a receipt, if requested in the record, 1026 if the expense is not a fee of the adoption entity.; or 1027 (c)Not a reasonable fee or expense, considering the 1028 requirements of this chapter and the totality of the 1029 circumstances. 1030 Section 12.Paragraph (c) of subsection (1) of section 1031 63.212, Florida Statutes, is amended to read: 1032 63.212Prohibited acts; penalties for violation. 1033 (1)It is unlawful for any person: 1034 (c)To sell or surrender, or to arrange for the sale or 1035 surrender of, a child minor to another person for money or 1036 anything of value or to receive such minor child for such 1037 payment or thing of value. If a child minor is being adopted by 1038 a relative or by a stepparent, or is being adopted through an 1039 adoption entity, this paragraph does not prohibit the person who 1040 is contemplating adopting the child from paying, under ss. 1041 63.097 and 63.132, the actual prenatal care and living expenses 1042 of the mother of the child to be adopted, or from paying, under 1043 ss. 63.097 and 63.132, the actual living and medical expenses of 1044 such mother for a reasonable time, not to exceed 6 weeks, if 1045 medical needs require such support, after the birth of the child 1046 minor. 1047 Section 13.Subsection (5) of section 39.812, Florida 1048 Statutes, is amended to read: 1049 39.812Postdisposition relief; petition for adoption. 1050 (5)The petition for adoption must be filed in the division 1051 of the circuit court which entered the judgment terminating 1052 parental rights, unless a motion for change of venue is granted 1053 pursuant to s. 47.122. A copy of the consent executed by the 1054 department must be attached to the petition, unless waived 1055 pursuant to s. 63.062(8) s. 63.062(7). The petition must be 1056 accompanied by a statement, signed by the prospective adoptive 1057 parent parents, acknowledging receipt of all information 1058 required to be disclosed under s. 63.085 and a form provided by 1059 the department which details the social and medical history of 1060 the child and each parent and includes the social security 1061 number and date of birth for each parent, if such information is 1062 available or readily obtainable. The prospective adoptive parent 1063 parents may not file a petition for adoption until the judgment 1064 terminating parental rights becomes final. An adoption 1065 proceeding under this subsection is governed by chapter 63. 1066 Section 14.This act shall take effect July 1, 2023.