reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.737 - Effect of prior judicial order or agreement.

61.737 Effect of prior judicial order or agreement.—In a proceeding for a temporary grant of custodial responsibility:
(1) A prior judicial order granting custodial responsibility in the event of deployment is binding on the court unless circumstances meet the requirements authorized by general law for modifying a judicial order regarding custodial responsibility.
(2) The court shall enforce a prior written agreement between the parents for granting custodial responsibility in the event of deployment, including an agreement for custodial responsibility during deployment, unless the court finds that the agreement is not in the best interest of the child.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.739 - Grant of temporary caretaking authority to nonparent.

61.739 Grant of temporary caretaking authority to nonparent.—
(1) Upon the motion of a deploying parent and in accordance with general law, if it is in the best interest of the child, a court may grant temporary caretaking authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.
(2) Unless a grant of caretaking authority to a nonparent is agreed to by the other parent, the grant is limited to an amount of time that may not exceed:
(a) The amount of time granted to the deploying parent under a permanent custody order; however, the court may add travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of time the deploying parent habitually cared for the child before being notified of deployment; however, the court may add travel time necessary to transport the child.
(3) If, due to the operational constraints of the deployment, or a portion thereof, the deploying parent is unable to exercise decisionmaking authority and if it is in the best interest of the child, a court may grant part of that authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence. A grant of decisionmaking authority to a nonparent must be narrowly drawn to the reasonably foreseeable needs of the child during the time that the deploying parent is unable to exercise such authority and must consider the role of the other parent. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted and the duration of such grant, which shall not exceed the length of time in which the deploying parent is unable to exercise decisionmaking authority. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.741 - Grant of limited contact.

61.741 Grant of limited contact.—A court shall grant limited contact to a nonparent who is a family member of the child or an individual who is not a family member with whom the child has a close and substantial relationship on motion of a deploying parent and in accordance with general law unless the court finds that limited contact with a nonparent would not be in the best interest of the child. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.743 - Nature of authority created by temporary custody order.

61.743 Nature of authority created by temporary custody order.—
(1) A grant of authority is temporary and terminates after the deploying parent returns from deployment unless the grant has been terminated before the return of the deploying parent in a record or by a written agreement signed by both the deploying parent and the other parent, or, in the absence of such a record or agreement, by court order. The grant does not create any independent, continuing right to caretaking authority, decisionmaking authority, or limited contact to an individual granted temporary custody.
(2) A nonparent granted temporary caretaking authority, decisionmaking authority, or limited contact has standing only to enforce the grant until it is terminated in a record or by a written agreement signed by both the deploying parent and the other parent, or, in the absence of such a record or agreement, by court order or under this part.
(3) If a grant of temporary authority is terminated in a record or by a written agreement signed by both the deploying parent and the other parent, a copy of the termination record or agreement shall be filed with the court and the temporary custody order shall be modified to reflect the termination. Thereafter, the deploying parent and the other parent may agree on alternative arrangements for custodial responsibility in compliance with s. 61.721, or either parent may seek an alternative arrangement for custodial responsibility under s. 61.749.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.745 - Content of temporary custody order.

61.745 Content of temporary custody order.—An order granting custodial responsibility, when applicable, must:
(1) Designate the order as temporary and provide for termination after the deploying parent returns from deployment.
(2) To the extent permissible, identify the destination, duration, and conditions of the deployment.
(3) Specify the allocation of caretaking authority, decisionmaking authority, or limited contact among the deploying parent, the other parent, and any nonparent.
(4) Provide a process to resolve any dispute that may arise if the order divides caretaking or decisionmaking authority between individuals, or grants caretaking authority to one individual and limited contact to another individual.
(5) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless it is not in the best interest of the child, and allocate any costs of communication.
(6) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless it is not in the best interest of the child.
(7) Provide for reasonable contact between the deploying parent and the child after the parent’s return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.747 - Order for child support.

61.747 Order for child support.—If a court has issued an order granting caretaking authority, or an agreement granting caretaking authority has been executed, the court may enter a temporary order for child support authorized by general law if the court has jurisdiction under the Uniform Interstate Family Support Act. If a temporary order for child support is entered under this section, the court may:
(1) Enter a temporary order for child support from the deploying parent to the other parent pursuant to s. 61.30;
(2) Require the deploying parent to enroll the child as a military dependent with DEERS, TriCare, or other similar benefits available to military dependents as provided by the deploying parent’s branch of service; or
(3) Suspend, abate, or reduce the child support obligation of the other parent until the custody judgment or time-share order previously in effect is reinstated.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.749 - Modifying or terminating temporary grant of custodial responsibility or limited contact to nonparent.

61.749 Modifying or terminating temporary grant of custodial responsibility or limited contact to nonparent.—
(1) Except for an agreement under s. 61.723, or as otherwise provided in subsection (2), and consistent with the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq., a court may modify or terminate a temporary grant of custodial responsibility on motion of a deploying parent, other parent, or any nonparent granted caretaking authority if the modification or termination is consistent with this part and is in the best interest of the child. A modification is temporary and terminates after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(2) The court shall terminate a grant of limited contact on motion of a deploying parent.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.761 - Procedure for terminating temporary agreement granting custodial responsibility.

61.761 Procedure for terminating temporary agreement granting custodial responsibility.—
(1) After a deploying parent returns from deployment, a deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility.
(2) After an agreement has been filed, it shall terminate:
(a) On the date specified on an agreement to terminate under subsection (1); or
(b) On the date the agreement is signed by the deploying parent and the other parent if the agreement to terminate does not specify a date.
(3) In the absence of an agreement to terminate under subsection (1), a temporary agreement granting custodial responsibility automatically terminates 30 days after the deploying parent gives notice of return from deployment to the other parent.
(4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to s. 61.729, an agreement to terminate must be filed with the court within a reasonable time after the deploying parent and other parent sign the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.
(5) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by general law.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.763 - Visitation before termination of temporary grant of custodial responsibility.

61.763 Visitation before termination of temporary grant of custodial responsibility.—From the time a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child even if the time of contact exceeds the time the deploying parent spent with the child before deployment unless it is not in the best interest of the child.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.771 - Relation to electronic signatures in Global and National Commerce Act.

61.771 Relation to electronic signatures in Global and National Commerce Act.—This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.773 - Applicability.

61.773 Applicability.—This act does not:
(1) Affect the validity of a temporary agreement or court order concerning custodial responsibility during deployment entered before July 1, 2018.
(2) Apply to a permanent change of station move by a servicemember, which shall be governed by s. 61.13001.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.037 - Proceedings Applicable to Cases Resulting From a Termination of Parental Rights Under Chapter 39.

63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39.—A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: requirement for search of the Florida Putative Father Registry provided in s. 63.054(7), if a search was previously completed and documentation of the search is contained in the case file; disclosure requirements for the adoption entity provided in s. 63.085(1); general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089.
History.—s. 8, ch. 2001-3; s. 4, ch. 2008-151; s. 4, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.042 - Who May Be Adopted; Who May Adopt.

63.042 Who may be adopted; who may adopt.—
(1) Any person, a minor or an adult, may be adopted.
(2) The following persons may adopt:
(a) A husband and wife jointly;
(b) An unmarried adult; or
(c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:
1. The other spouse is a parent of the person to be adopted and consents to the adoption; or
2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.
(3) No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent.
(4) No person eligible under this section shall be prohibited from adopting solely because he or she desires to educate the adopted child at home.
History.—s. 4, ch. 73-159; s. 1, ch. 77-140; s. 1, ch. 80-194; s. 4, ch. 92-96; s. 336, ch. 95-147; s. 4, ch. 2003-58; s. 2, ch. 2015-130.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.0422 - Prohibited Conditions on Adoptions; Firearms and Ammunition.

63.0422 Prohibited conditions on adoptions; firearms and ammunition.—An adoption agency or entity, whether public or private, may not:
(1) Make a determination that a person is unsuitable to adopt based on the lawful possession, storage, or use of a firearm or ammunition by any member of the adoptive home.
(2) Require an adoptive parent or prospective adoptive parent to disclose information relating to a person’s lawful possession, storage, or use of a firearm or ammunition as a condition to adopt.
(3) Restrict the lawful possession, storage, or use of a firearm or ammunition as a condition for a person to adopt.
History.—s. 1, ch. 2010-6.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.0425 - Grandparent’s Right to Notice.

63.0425 Grandparent’s right to notice.—
(1) If a child has lived with a grandparent for at least 6 months within the 24-month period immediately preceding the filing of a petition for termination of parental rights pending adoption, the adoption entity shall provide notice to that grandparent of the hearing on the petition.
(2) This section does not apply if the placement for adoption is the result of the death of the child’s parent and a different preference is stated in the parent’s will.
(3) This section does not apply in stepparent adoptions.
(4) This section does not contravene the provisions of s. 63.142(4).
History.—s. 1, ch. 87-397; s. 10, ch. 2001-3; s. 6, ch. 2003-58; s. 6, ch. 2008-151.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.0427 - Agreements for Continued Communication or Contact Between Adopted Child and Siblings, Parents, and Other Relatives.

63.0427 Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives.—
(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, with the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination:
(a) Any orders of the court pursuant to s. 39.811(7).
(b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem.
(c) Statements of the prospective adoptive parents.
(d) Any other information deemed relevant and material by the court.
If the court determines that the child’s best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency of the communication or contact. This order shall be made a part of the final adoption order, but the continuing validity of the adoption may not be contingent upon such postadoption communication or contact and the ability of the adoptive parents and child to change residence within or outside the State of Florida may not be impaired by such communication or contact.
(2) Notwithstanding s. 63.162, the adoptive parent may, at any time, petition for review of a communication or contact order entered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court may order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child; however, the court may not increase contact between the adopted child and siblings, birth parents, or other relatives without the consent of the adoptive parent or parents. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.
History.—s. 3, ch. 98-50; s. 24, ch. 99-2; s. 52, ch. 99-193; s. 11, ch. 2001-3; s. 7, ch. 2003-58; s. 7, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.043 - Mandatory Screening or Testing for Sickle-Cell Trait Prohibited.

63.043 Mandatory screening or testing for sickle-cell trait prohibited.—No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall require screening or testing for the sickle-cell trait as a condition for becoming eligible for adoption if otherwise eligible for adoption under the laws of this state.
History.—s. 4, ch. 78-35; s. 8, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.053 - Rights and Responsibilities of an Unmarried Biological Father; Legislative Findings.

63.053 Rights and responsibilities of an unmarried biological father; legislative findings.—
(1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father’s actions are sufficiently prompt and substantial so as to require protection of a constitutional right. If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the available legal steps to substantiate a parental interest.
(2) The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described in this chapter outweigh the interest of an unmarried biological father who does not take action in a timely manner to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter. An unmarried biological father has the primary responsibility to protect his rights and is presumed to know that his child may be adopted without his consent unless he strictly complies with this chapter and demonstrates a prompt and full commitment to his parental responsibilities.
(3) The Legislature finds that a birth mother and a birth father have a right of privacy.
History.—s. 10, ch. 2003-58; s. 9, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.0541 - Public Records Exemption for the Florida Putative Father Registry.

63.0541 Public records exemption for the Florida Putative Father Registry.—
(1) All information contained in the Florida Putative Father Registry is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) Information made confidential and exempt by this section shall be disclosed to:
(a) An adoption entity, upon the filing of a request for a diligent search of the Florida Putative Father Registry in connection with the planned adoption of a child.
(b) The registrant unmarried biological father, upon receipt of a notarized request for a copy of his registry entry only.
(c) The birth mother, upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.
(d) The court, upon issuance of a court order concerning a petitioner acting pro se in an action under this chapter.
(3) The database comprising the Florida Putative Father Registry shall remain separate from all other databases.
History.—ss. 1, 2, ch. 2003-56; ss. 1, 2, ch. 2008-168.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.063 - Responsibility of Parents for Actions; Fraud or Misrepresentation; Contesting Termination of Parental Rights and Adoption.

63.063 Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.—
(1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a).
(2) Any person injured by a fraudulent representation or action in connection with an adoption may pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations must be based on the best interests of the child in accordance with s. 61.13.
(3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father’s rights through compliance with this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud.
(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, before entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may proceed with an evidentiary hearing if:
(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided.
(b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in this state.
(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in this state.
(d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child.
History.—s. 13, ch. 2003-58; s. 9, ch. 2008-151; s. 12, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.064 - Persons Whose Consent to an Adoption May Be Waived.

63.064 Persons whose consent to an adoption may be waived.—The court may waive the consent of the following individuals to an adoption:
(1) A parent who has deserted a child without means of identification or who has abandoned a child.
(2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.
(3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.
(4) A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably.
(5) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.
History.—s. 14, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.093 - Adoption of Children From the Child Welfare System.

63.093 Adoption of children from the child welfare system.—
(1) The department or community-based care lead agency as defined in s. 409.986(3), or its subcontracted agency, must respond to an initial inquiry from a prospective adoptive parent within 7 business days after receipt of the inquiry. The response must inform the prospective adoptive parent of the adoption process and the requirements for adopting a child from the child welfare system.
(2) The department or community-based care lead agency, or its subcontracted agency, must refer a prospective adoptive parent who is interested in adopting a child in the custody of the department to a department-approved adoptive parent training program. A prospective adoptive parent must successfully complete the training program, unless the prospective adoptive parent is a licensed foster parent or a relative or nonrelative caregiver who has:
(a) Attended the training program within the last 5 years; or
(b) Had the child who is available for adoption placed in their home for 6 months or longer and has been determined to understand the challenges and parenting skills needed to successfully parent the child who is available for adoption.
(3) A prospective adoptive parent must complete an adoption application created by the department.
(4) Before a child is placed in an adoptive home, the community-based care lead agency or its subcontracted agency must complete an adoptive home study of a prospective adoptive parent that includes observation, screening, and evaluation of the child and the prospective adoptive parent. An adoptive home study is valid for 12 months after the date on which the study was approved. In addition, the community-based care lead agency or its subcontracted agency must complete a preparation process, as established by department rule, with the prospective adoptive parent.
(5) At the conclusion of the adoptive home study and preparation process, a decision shall be made about the prospective adoptive parent’s appropriateness to adopt. This decision shall be reflected in the final recommendation included in the adoptive home study. If the recommendation is for approval, the adoptive parent application file must be submitted to the community-based care lead agency or its subcontracted agency for approval. The community-based care lead agency or its subcontracted agency must approve or deny the home study within 14 business days after receipt of the recommendation.
Notwithstanding subsections (1) and (2), this section does not apply to a child adopted through the process provided in s. 63.082(6).
History.—s. 9, ch. 2020-138.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.112 - Petition for Adoption; Description; Report or Recommendation, Exceptions; Mailing.

63.112 Petition for adoption; description; report or recommendation, exceptions; mailing.—
(1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state:
(a) The date and place of birth of the person to be adopted, if known;
(b) The name to be given to the person to be adopted;
(c) The date petitioner acquired custody of the minor and the name of the adoption entity placing the minor, if any;
(d) The full name, age, and place and duration of residence of the petitioner;
(e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if applicable to the adoption by a stepparent;
(f) A statement that the petitioner is able to provide for the material needs of the child;
(g) A description and estimate of the value of any property of the person to be adopted;
(h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; and
(i) The reasons why the petitioner desires to adopt the person.
(2) The following documents are required to be filed with the clerk of the court at the time the petition is filed:
(a) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such consent is excused by the court.
(b) The favorable preliminary home study of the department, licensed child-placing agency, or professional pursuant to s. 63.092, as to the suitability of the home in which the minor has been placed, unless the petitioner is a stepparent or a relative.
(c) A copy of any declaratory statement previously entered by the court pursuant to s. 63.102.
(d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor’s consent under s. 63.062(1)(c).
(3) Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents.
History.—s. 11, ch. 73-159; s. 8, ch. 75-226; s. 19, ch. 77-147; s. 5, ch. 83-215; s. 12, ch. 92-96; s. 22, ch. 2001-3; s. 23, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.122 - Notice of Hearing on Petition.

63.122 Notice of hearing on petition.—
(1) The hearing on the petition to adopt a minor may not be held sooner than 30 days after the date the judgment terminating parental rights was entered or sooner than 90 days after the date the minor was placed in the physical custody of the petitioner, unless good cause is shown for a shortening of these time periods. The minor must remain under the supervision of the adoption entity until the adoption becomes final. When the adoptee is an adult, the hearing may be held immediately after the filing of the petition. If the petitioner is a stepparent or a relative of the adoptee, the hearing may be held immediately after the filing of the petition if all persons whose consent is required have executed a valid consent and the consent has been filed with the court.
(2) Notice of hearing must be given as prescribed by the Florida Family Law Rules of Procedure, and service of process must be made as specified by law for civil actions.
(3) Upon a showing by the petitioner or parent that the privacy, safety, or welfare of the petitioner, parent, or minor may be endangered, the court may order that the names of the petitioner, parent, minor, or all be deleted from the notice of hearing and from the copy of the petition attached thereto if the substantive rights of any person are not affected.
(4) Notice of the hearing must be given by the petitioner to the adoption entity that places the minor.
(5) After filing the petition to adopt an adult, the court may order an appropriate investigation to assist in determining whether the adoption is in the best interest of the persons involved and is in accordance with state law.
History.—s. 12, ch. 73-159; s. 9, ch. 75-226; s. 20. ch. 77-147; s. 13, ch. 92-96; s. 23, ch. 2001-3; s. 24, ch. 2003-58; s. 17, ch. 2008-151; s. 3, ch. 2023-257.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.125 - Final Home Investigation.

63.125 Final home investigation.—
(1) The final home investigation must be conducted before the adoption becomes final. The investigation may be conducted by a licensed child-placing agency or a professional in the same manner as provided in s. 63.092 to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor. Unless directed by the court, an investigation and recommendation are not required if the petitioner is a stepparent or if the minor is related to one of the adoptive parents within the third degree of consanguinity. The department is required to perform the home investigation only if there is no licensed child-placing agency or professional pursuant to s. 63.092 in the county in which the prospective adoptive parent resides.
(2) The department, the licensed child-placing agency, or the professional that performs the investigation must file a written report of the investigation with the court and the petitioner within 90 days after placement.
(3) The report of the investigation must contain an evaluation of the placement with a recommendation on the granting of the petition for adoption and any other information the court requires regarding the petitioner or the minor.
(4) The department, the licensed child-placing agency, or the professional making the required investigation may request other state agencies or child-placing agencies within or outside this state to make investigations of designated parts of the inquiry and to make a written report to the department, the professional, or other person or agency.
(5) The final home investigation must include:
(a) The information from the preliminary home study.
(b) After the minor is placed in the intended adoptive home, two scheduled visits with the minor and the minor’s adoptive parent or parents, one of which visits must be in the home, to determine the suitability of the placement.
(c) The family social and medical history as provided in s. 63.082.
(d) Any other information relevant to the suitability of the intended adoptive home.
(e) Any other relevant information, as provided in rules that the department may adopt.
History.—s. 14, ch. 92-96; s. 24, ch. 2001-3; s. 25, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.135 - Information to Be Submitted to the Court.

63.135 Information to be submitted to the court.—
(1) The adoption entity or petitioner must file an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act in the termination of parental rights proceeding in the first pleading or in an affidavit attached to that pleading.
(2) Each party has a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state about which he or she obtained information during this proceeding.
History.—s. 6, ch. 87-397; s. 340, ch. 95-147; s. 27, ch. 2003-58; s. 19, ch. 2008-151.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.142 - Hearing; Judgment of Adoption.

63.142 Hearing; judgment of adoption.—
(1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized to administer an oath at the hearing on the petition for adoption, unless:
(a) The person is a minor under 12 years of age; or
(b) The appearance of either is excused by the court for good cause.
(2) CONTINUANCE.—The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(3) DISMISSAL.—
(a) If the petition is dismissed, further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.
(b) If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.
(4) JUDGMENT.—At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent’s parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered.
History.—s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3; s. 28, ch. 2003-58; s. 20, ch. 2008-151.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.152 - Application for New Birth Record.

63.152 Application for new birth record.—Within 30 days after entry of a judgment of adoption, the clerk of the court or the adoption entity shall transmit a certified statement of the entry to the state registrar of vital statistics on a form provided by the registrar. A new birth record containing the necessary information supplied by the certificate shall be issued by the registrar on application of the adopting parents or the adopted person.
History.—s. 15, ch. 73-159; s. 5, ch. 90-309; s. 29, ch. 2003-58; s. 19, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.165 - State Registry of Adoption Information; Duty to Inform and Explain.

63.165 State registry of adoption information; duty to inform and explain.—Notwithstanding any other law to the contrary, the department shall maintain a registry with the last known names and addresses of an adoptee and his or her parents whose consent was required under s. 63.062, and adoptive parents and any other identifying information that the adoptee, parents whose consent was required under s. 63.062, or adoptive parents desire to include in the registry. The department shall maintain the registry records for the time required by rules adopted by the department in accordance with this chapter or for 99 years, whichever period is greater. The registry shall be open with respect to all adoptions in the state, regardless of when they took place. The registry shall be available for those persons choosing to enter information therein, but no one shall be required to do so.
(1) Anyone seeking to enter, change, or use information in the registry, or any agent of such person, shall present verification of his or her identity and, if applicable, his or her authority. A person who enters information in the registry shall be required to indicate clearly the persons to whom he or she is consenting to release this information, which persons shall be limited to the adoptee and the birth mother, father whose consent was required under s. 63.062, adoptive mother, adoptive father, birth siblings, and maternal and paternal birth grandparents of the adoptee. Except as provided in this section, information in the registry is confidential and exempt from s. 119.07(1). Consent to the release of this information may be made in the case of a minor adoptee by his or her adoptive parents or by the court after a showing of good cause. At any time, any person may withdraw, limit, or otherwise restrict consent to release information by notifying the department in writing.
(2) The department may charge a reasonable fee to any person seeking to enter, change, or use information in the registry. The department shall deposit such fees in a trust fund to be used by the department only for the efficient administration of this section. The department and agencies shall make counseling available for a fee to all persons seeking to use the registry, and the department shall inform all affected persons of the availability of such counseling.
(3) The adoption entity must inform the parents before parental rights are terminated, and the adoptive parents before placement, in writing, of the existence and purpose of the registry established under this section, but failure to do so does not affect the validity of any proceeding under this chapter.
History.—s. 5, ch. 82-166; s. 29, ch. 87-387; s. 3, ch. 91-99; s. 17, ch. 92-96; s. 85, ch. 97-237; s. 28, ch. 2001-3.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.167 - State Adoption Information Center.

63.167 State adoption information center.—
(1) The department shall establish a state adoption information center for the purpose of increasing public knowledge about adoption and promoting to adolescents and pregnant women the availability of adoption services. The department shall contract with one or more licensed child-placing agencies to operate the state adoption information center.
(2) The functions of the state adoption information center shall include:
(a) Providing a training program for persons who counsel adolescents, including, but not limited to, school counselors, county child welfare services employees, and family planning clinic employees.
(b) Recruiting adoption services specialist trainees, and providing a training program for such specialists.
(c) Operating a toll-free telephone number to provide information and referral services. The state adoption information center shall provide contact information for all adoption entities in the caller’s county or, if no adoption entities are located in the caller’s county, the number of the nearest adoption entity when contacted for a referral to make an adoption plan and shall rotate the order in which the names of adoption entities are provided to callers.
(d) Distributing pamphlets which provide information on the availability of adoption services.
(e) Promoting adoption through the communications media.
(f) Maintaining a list of licensed child-placing agencies eligible and willing to take custody of and place newborn infants left at a hospital, pursuant to s. 383.50. The names and contact information for the licensed child-placing agencies on the list shall be provided on a rotating basis to the statewide central abuse hotline.
(3) The department shall ensure equitable distribution of referrals to licensed child-placing agencies.
History.—s. 62, ch. 90-306; s. 4, ch. 2000-188; s. 31, ch. 2003-58; s. 21, ch. 2012-81; s. 22, ch. 2012-116.