Title VI, Civil Practice and Procedure

(1) Except as otherwise provided in subsection (3), and subject to subsection (2), a deploying parent shall notify in a record to the other parent:(a) A pending deployment not later than 7 days after receiving notice of deployment unless he or she is reasonably prevented from doi…

(1) Except as otherwise provided in subsection (2), an individual granted custodial responsibility during deployment must notify the deploying parent and any other individual with custodial responsibility of a child of any change of mailing address or residence until the grant is…

In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in determining the best interest of the child.History.—s. 1, ch. 2018-69.

(1) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.(2) The agreement must be in writing and signed by both parents and any agreed-upon nonparent granted custodial responsibility during deployment.(3) Subject to subs…

(1) An agreement granting custodial responsibility during deployment is temporary and terminates after the deploying parent returns from deployment unless the agreement has been terminated in a record or by a written agreement signed by both the deploying parent and the other par…

(1) The parents of a child may modify an agreement granting temporary custodial responsibility by mutual consent and without the consent of any nonparent.(2) If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by bot…

A deploying parent may, by power of attorney, grant all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility, or if a court order currently in effect prohibits contact between the child and th…

An agreement or power of attorney must be filed within a reasonable time with a court that has entered an order in effect relating to custodial responsibility or child support concerning the child who is the subject of the agreement or power. The case number and heading of the pe…

(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq. A court may no…

In a proceeding for a temporary custody order, a deploying parent or servicemember witness who is not reasonably able to appear in person may appear, provide testimony, and present evidence by telephonic, electronic, or web-based means. The deploying parent or servicemember witne…

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 re…

(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 th…

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 find…

(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, o…

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 deploymen…

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 Suppo…

(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 …

(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…

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 th…

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 describ…

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.—…

This chapter shall be known as the “Florida Adoption Act.”History.—s. 1, ch. 73-159.

(1) The Legislature finds that:(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.(b) A…

As used in this chapter, the term:(1) “Abandoned” means a situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child’s support or makes little or no effort to communicate with the child, which situation is…

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 f…

(1) An adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, which protect and promote the well-being of persons being adopted and their parents and prospective adoptive parents b…

(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. …

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 prospecti…

(1) Upon entry of final judgment terminating parental rights, a licensed child-placing agency that takes physical custody of an infant surrendered pursuant to s. 383.50 assumes responsibility for the medical and other costs associated with the emergency services and care of the s…

(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 peti…

(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 appropriatenes…

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 unde…

(1) For minors who have been placed for adoption with an adoption entity, other than an intermediary, such adoption entity shall be the guardian of the person of the minor and has the responsibility and authority to provide for the needs and welfare of the minor.(2) For minors wh…

(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 biol…

(1) In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the “registrant,” file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of…

(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 fi…

(1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served unde…

(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…

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)…

(1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:1. If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public and in the presence of two witnesses.2. If by an…

(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE PARENTS.—Within 14 days after a person seeking to adopt a minor or a person seeking to place a minor for adoption contacts an adoption entity in person or provides the adoption entity with a mailing address, the entity m…

(1) JURISDICTION.—A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding to terminate parental rights pending adoption.(2) VENUE.—(a) A petition to terminate parental rights pending adopti…

(1) NOTICE REQUIRED.—An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rig…

(1) HEARING.—The court may terminate parental rights pending adoption only after a hearing.(2) HEARING PREREQUISITES.—The court may hold the hearing only when:(a) For each person whose consent to adoption is required under s. 63.062:1. A consent under s. 63.082 has been executed …

(1) REPORT TO THE COURT.—The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is pl…

(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 ado…