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
HB 1099 2023
1 A bill to be entitled
2 An act relating to adoption; amending s. 63.032, F.S.;
3 revising definitions; amending s. 63.037, F.S.;
4 exempting certain requirements if certain
5 documentation is contained in the court's file;
6 amending s. 63.0423, F.S.; providing requirements for
7 an adoption entity, rather than a licensed child-
8 placing agency, relating to surrendered infants;
9 requiring a certain finding by the court before a
10 judgment terminating parental rights may be granted;
11 amending s. 63.052, F.S.; providing when an adoption
12 entity, rather than an intermediary, becomes the
13 designated guardian of a child; requiring a child to
14 be placed in an intermediary, rather than with a
15 relative, under certain circumstances; amending s.
16 63.062, F.S.; revising unmarried biological father
17 requirements; providing requirements for a notice of
18 an intended adoption plan and service of such notice
19 on an unmarried biological father; revising the
20 methods by which a notice of a petition to adopt an
21 adult may be completed; providing construction; making
22 technical changes; amending s. 63.082, F.S.; providing
23 that a consent to adoption may or may not identify a
24 specific adopting parent; providing that a parent's
25 identified or nonidentified consent is valid, binding,
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26 and enforceable; authorizing an adoption entity to
27 intervene after the execution of consent and filing of
28 a preliminary home study; revising certain factors a
29 court must consider to transfer custody of a child;
30 specifying persons who must be notified upon a
31 revocation of consent; requiring the court to enter an
32 order maintaining certain placement of the child under
33 certain circumstances; prohibiting a denied petition
34 to terminate parental rights to be used in certain
35 ways; prohibiting an identified or nonidentified
36 consent from being treated as a surrender of parental
37 rights; amending s. 63.085, F.S.; revising the
38 requirements of such disclosure; requiring a copy of
39 certain documents be filed with the court; making
40 technical changes; amending s. 63.087, F.S.; requiring
41 the clerk of court to issue a separate case number for
42 a petition for adoption and prohibiting such petition
43 from being maintained in a specified case file;
44 authorizing a consent to adoption to be filed
45 electronically with a petition for termination of
46 parental rights; revising and providing requirements
47 for such petition; making technical changes; amending
48 s. 63.088, F.S.; revising the required notice served
49 with a petition to terminate parental rights; amending
50 s. 63.089, F.S.; revising the factors a court must
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51 consider in determining a finding of abandonment;
52 amending s. 63.122, F.S.; requiring certain notice of
53 hearing be given as prescribed in the Florida Family
54 Law Rules of Procedure; amending s. 63.132, F.S.;
55 specifying that certain fees are hourly fees; making
56 technical changes; amending s. 63.212, F.S.; removing
57 the requirement that a mother's medical needs requires
58 such support in order to be paid by certain persons;
59 amending ss. 39.4021, 39.4022, 39.4023, 39.4024,
60 39.522, 39.812, and 63.093, F.S.; conforming cross -
61 references; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Subsections (1) and (12) of section 63.032,
66 Florida Statutes, are amended to read:
67 63.032 Definitions.—As used in this chapter, the term:
68 (1) "Abandoned" means a situation in which a the parent or
69 person having legal custody of a child, while being able, makes
70 little or no provision for the child's support or makes little
71 or no effort to communicate with the child, which situation is
72 sufficient to evince rejection of an intent to reject parental
73 responsibilities. If, in the opinion of the court, the efforts
74 of such parent or person having legal custody of the child to
75 support and communicate with the child are only marginal efforts
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76 that do not evince a settled purpose to assume all parental
77 duties, the court may declare the child to be abandoned. In
78 making this decision, the court may consider the conduct of a
79 father towards the child's mother during her pregnancy.
80 (12) "Parent" means a woman who gives birth to a child and
81 who is not a gestational surrogate as defined in s. 742.13 or a
82 man whose consent to the adoption of the child would be required
83 under s. 63.062(1). If a child has been legally adopted, the
84 term "parent" means the adoptive mother or father of the child.
85 The term does not include an individual whose parental
86 relationship to the child has been legally terminated , an
87 unmarried biological father, or an alleged or prospective
88 parent.
89 Section 2. Section 63.037, Florida Statutes, is amended t o
90 read:
91 63.037 Proceedings applicable to cases resulting from a
92 termination of parental rights under chapter 39.—A case in which
93 a child minor becomes available for adoption after the parental
94 rights of each parent have been terminated by a judgment ente red
95 under pursuant to chapter 39 is shall be governed by s. 39.812
96 and this chapter. Adoption proceedings initiated under chapter
97 39 are exempt from the following provisions of this chapter:
98 requirement for search of the Florida Putative Father Registry
99 provided in s. 63.054(7), if a search was previously completed
100 and documentation of the search is contained in the court's case
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101 file maintained in the dependency proceeding; disclosure
102 requirements for the adoption entity provided in s. 63.085(1);
103 general provisions governing termination of parental rights
104 pending adoption provided in s. 63.087; notice and service
105 provisions governing termination of parental rights pending
106 adoption provided in s. 63.088; and procedures for terminating
107 parental rights pending adoption provided in s. 63.089.
108 Section 3. Subsections (1) through (5) and subsection (10)
109 of section 63.0423, Florida Statutes, are amended to read:
110 63.0423 Procedures with respect to surrendered infants. —
111 (1) Upon entry of final judgment terminating parental
112 rights, an adoption entity a licensed child-placing agency that
113 takes physical custody of an infant surrendered at a hospital,
114 emergency medical services station, or fire station under
115 pursuant to s. 383.50 assumes responsibility for the medical and
116 other costs associated with the emergency services and care of
117 the surrendered infant from the time the adoption entity
118 licensed child-placing agency takes physical custody of the
119 surrendered infant.
120 (2) The adoption entity licensed child-placing agency
121 shall immediately seek an order from the circuit court for
122 emergency custody of the surrendered infant. The emergency
123 custody order remains shall remain in effect until the court
124 orders preliminary approval of placement of the surrendered
125 infant in the prospective home, at which time the prospective
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126 adoptive parents become guardians pending termination of
127 parental rights and finalization of adoption or until the court
128 orders otherwise. The guardianship of the prospective adoptive
129 parents remains shall remain subject to the right of the
130 adoption entity licensed child-placing agency to remove the
131 surrendered infant from the placement during the pendency of the
132 proceedings if such removal is deemed by the adoption entity
133 licensed child-placing agency to be in the best interests of the
134 child and the removal is in accordance with s. 63.052. The
135 adoption entity licensed child-placing agency may immediately
136 seek to place the surrendered infant in a prospective adoptive
137 home.
138 (3) The adoption entity licensed child-placing agency that
139 takes physical custody of the surrendered infant must shall,
140 within 24 hours thereafter, request assistance from law
141 enforcement officials to investigate and determine, through the
142 Missing Children Information Clearinghouse, the National Center
143 for Missing and Exploited Children, and any other national and
144 state resources, whether the surrendered infant is a missing
145 child.
146 (4) The parent who surrenders the infant in accordance
147 with s. 383.50 is presumed to have consented to termination of
148 parental rights, and express consent is not required. Except
149 when there is actual or suspected child abuse or neglect, the
150 adoption entity may licensed child-placing agency shall not
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151 attempt to pursue, search for, or notify that parent as provided
152 in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
153 section, an infant who tests positive for illegal drugs,
154 narcotic prescription drugs, alcohol, or other substances, but
155 shows no other signs of child abuse or neglect, must shall be
156 placed in the custody of an adoption entity a licensed child-
157 placing agency. Such a placement does not eliminate the
158 reporting requirement under s. 383.50(7). When the department is
159 contacted regarding an infant properly surrendered under this
160 section and s. 383.50, the department must shall provide
161 instruction to contact an adoption entity a licensed child-
162 placing agency and may not take custody of the infant unless
163 reasonable efforts to contact an adoption entity a licensed
164 child-placing agency to accept the infant have not been
165 successful.
166 (5) A petition for termination of parental rights under
167 this section may not be filed until 30 days after the date the
168 infant was surrendered in accordance with s. 383.50. The court
169 may not grant a judgment terminating a petition for termination
170 of parental rights may not be granted until the court finds that
171 a parent has failed to reclaim or claim the surrendered infant
172 within the time period specified in s. 383.50.
173 (10) Except to the extent expressly provided in this
174 section, proceedings initiated by an adoption entity a licensed
175 child-placing agency for the termination of parental rights and
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176 subsequent adoption of a newborn infant left at a hospital,
177 emergency medical services station, or fire station in
178 accordance with s. 383.50 must shall be conducted under pursuant
179 to this chapter.
180 Section 4. Section 63.052, Florida Statutes, is amended to
181 read:
182 63.052 Guardians designated; proof of commitment. —
183 (1)(a) Except as provided in paragraph (b), if a child for
184 minors who is have been placed for adoption with an adoption
185 entity, other than an intermediary, such adoption entity is
186 shall be the guardian of the person of the child minor and has
187 the responsibility and authority to provide for the needs and
188 welfare of the child minor.
189 (b)(2) If a child For minors who is have been voluntarily
190 surrendered to an adoption entity intermediary through an
191 execution of a consent to adoption, the adoption entity is
192 intermediary shall be responsible for the child minor until the
193 time a court orders preliminary approval of placement of the
194 child minor in the prospective adoptive home, after which time
195 the prospective adoptive parents shall become the child's
196 guardians pending finalization of adoption, subject to the
197 adoption entity's intermediary's right and responsibility to
198 remove the child from the prospective adoptive home if the
199 removal is deemed by the adoption entity intermediary to be in
200 the best interests of the child. The adoption entity
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201 intermediary may not remove the child without a court order
202 unless the child is in danger of imminent harm. The adoption
203 entity is not intermediary does not become responsible for the
204 minor child's medical bills that were incurred before taking
205 physical custody of the child after the execution of adoption
206 consents. Notwithstanding the guardianship provisions in this
207 section, the requirements of s. 627.6578 relating to insurance
208 coverage for adopted and foster children remain in effect. Prior