Florida 2023 Regular Session Status: In Committee 1 R cosponsors

HB 1377 — Adoption of Children in Dependency Court

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 1322 (Ch. 2023-257)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Adoption of Children in Dependency Court; Specifies certain adoption consents are valid for certain period of time & enforceable by court; removes provision regarding sufficiency of home study provided by adoption entity; requires evidentiary hearing & certain determinations to be made under certain circumstances; provides rebuttable presumption; requires court to grant party status to current caregivers for certain period of time; requires transfer of custody of child to adoptive parents in accordance with transition plan; requires adoption entity to provide certain report to DCF; requires specified entities to provide OPPAGA with certain information; requires OPPAGA to submit report to Legislature.

Bill Text

What changed in the latest version

459 added · 266 removed

459 line(s) added, 266 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1377 2023 A bill to be entitled An act relating to adoption of children in dependency court;
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 CS/HB1377 2023 A bill to be entitled An act relating to adoption of children in dependency court;
providing legislative findings and intent;
specifying that a consent to adoption is not valid after certain petitions for termination of parental rights have been filed;
specifying that a consent to adoption is valid for a certain period of time during the pendency of a petition for termination of parental rights;
making technical changes;
authorizing the adoption entity to file a specified motion under certain circumstances;
requiring that the final hearing on a motion to intervene and the change of placement of the child be held by a certain date;
requiring that an evidentiary hearing be granted if a certain motion to intervene is filed;
requiring that an evidentiary hearing be granted if a certain motion is filed;
providing legislative findings;
specifying the factors for consideration to rebut the rebuttable presumption;
requiring the intervening party to prove certain factors to rebut a certain presumption;
requiring the court to order the transfer of custody of the child to the adoptive parents under certain circumstances and in accordance with a certain transition plan;
revising the factors for a best interests consideration at a certain hearing;
conforming to changes made by the act;
requiring the court to order the transfer of custody of the child to the prospective adoptive placement under certain circumstances;
requiring the Office of Program Policy Analysis Page 1of 10 CODING:
requiring a reasonable period of time to transition placement in accordance Page 1of 17 CODING:
hb1377-00 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 HB1377 2023 and Government Accountability (OPPAGA) to conduct a certain analysis;
hb1377-01-c1 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 CS/HB1377 2023 with a certain transition plan;
requiring the Department of Children and Families to provide a certain list of child-caring and child-placing agencies to OPPAGA by a certain date;
requiring an adoption entity to provide certain monthly reports to the department;
requiring certain child-caring and child-placing agencies to provide certain data to OPPAGA by a certain date;
requiring certain information to be provided to the prospective adoptive parents;
requiring OPPAGA to provide a certain analysis and report to the Legislature by a certain date;
requiring the department to file a certain acknowledgment with the court;
requiring certain written notice to be provided to certain parties and included in certain petitions and orders;
conforming provisions to changes made by the act;
amending s.
63.087, F.S.;
requiring the clerk of the court to issue a separate case number and maintain a separate court file for a petition for adoption;
prohibiting such petition from being maintained in a specified court file;
revising requirements for a petition for adoption;
amending s.
63.122, F.S.;
requiring that a certain notice of hearing be given as prescribed by the Florida Family Law Rules of Procedure, rather than by the Florida Rules of Civil Procedure;
amending s.
63.132, F.S.;
requiring certain parents and entities to file an affidavit;
specifying that certain fees are hourly fees;
making technical changes;
amending s.
63.212, F.S.;
providing that a person contemplating adopting a child may make specified payments to the mother of the child for a specified period of time regardless of whether the medical needs of the mother Page 2of 17 CODING:
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hb1377-01-c1 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 CS/HB1377 2023 require such support;
requiring the Department of Children and Families to provide a certain list of all child-caring and child-placing agencies to the Office of Program Policy Analysis and Government Accountability (OPPAGA) by a specified date;
requiring certain child-caring and child-placing agencies to provide certain data to OPPAGA on or before a specified date;
requiring OPAGGA to submit a specified report to the Legislature by a specified date;
providing requirements for the report;
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revocation of consent.— (6)(a) If a parent executes a consent for adoption of a child minor with an adoption entity or qualified prospective adoptive parents and the minor child is under the supervision of the department, or otherwise subject to the jurisdiction of the dependency court as a result of the entry of a shelter order, a or dependency petition, or a petition for termination of parental rights pursuant to chapter 39, but parental rights have not yet been terminated, the adoption consent is valid, binding, Page 2of 10 CODING:
revocation of consent.— (6)(a)1.
The Legislature finds that there is a compelling state interest in ensuring that a child involved in chapter 39 proceedings is served in a way that minimizes his or her trauma, provides safe placement, maintains continuity of bonded placements, and achieves permanency as soon as possible.
2.
The Legislature also finds that the use of intervention Page 3of 17 CODING:
hb1377-00 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 HB1377 2023 and enforceable by the court.
hb1377-01-c1 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 CS/HB1377 2023 in dependency cases for the purpose of adoption has the potential to be traumatic for a child in the dependency system and that the disruption of a stable and bonded long-term placement by a change of placement to a person or family with whom the child has no bond or connection may create additional trauma for the child.
A consent to adoption of a child with an adoption entity or qualified prospective adoptive parents is not valid if executed after the filing of a petition for termination of parental rights pursuant to s.
3.
The Legislature further finds that the right of a parent to determine an appropriate placement for a child who has been found dependent is not absolute and must be weighed against other factors that take the child's safety, well-being, and best interests into account.
4.
Therefore, it is the intent of the Legislature to reduce the disruption of stable and bonded long-term placements that have been identified as prospective adoptive placements.
(b) If a parent executes a consent for adoption of a child minor with an adoption entity or qualified prospective adoptive parents and the minor child is under the supervision of the department, or otherwise subject to the jurisdiction of the dependency court as a result of the entry of a shelter order, a dependency petition, or a petition for termination of parental rights pursuant to chapter 39, but parental rights have not yet been terminated, the adoption consent is valid, binding, and enforceable by the court.
For purposes of this subsection, a consent to adoption of a child with an adoption entity or qualified prospective adoptive parents is valid if executed Page 4of 17 CODING:
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hb1377-01-c1 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 CS/HB1377 2023 during the pendency of the chapter 39 proceeding up to and including the 30th day after the filing of the petition for termination of parental rights pursuant to s.
(b) Upon execution of the consent of the parent, the adoption entity may petition shall be permitted to intervene in the dependency case as a party of in interest and must provide the court that acquired jurisdiction over the child minor, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the identified prospective adoptive parents and any other evidence of the suitability of the placement.
(c)(b) Upon execution of the consent of the parent, the adoption entity may file a motion shall be permitted to intervene and change placement of the child in the dependency case as a party in interest and must provide the court that acquired jurisdiction over the child minor, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the prospective adoptive parents selected by the parent or adoption entity and any other evidence of the suitability of the placement.
Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and the change of placement of the child must be held within 30 days after the filing of the motion, and a written final order must be filed within 15 days after the hearing Unless the court has concerns regarding the qualifications of the home study provider, or concerns that the home study may not be adequate to determine the best interests of the child, the home study provided by the adoption entity shall be deemed to be sufficient Page 3of 10 CODING:
Unless the court has concerns regarding the qualifications of the home study provider, or concerns that the home study may not be adequate to determine the best interests of the child, the home study provided by the adoption entity shall be deemed to be sufficient and no additional home study needs to be performed by the department.
(d)1.(c) If an adoption entity files a motion to intervene and change placement of the child in the dependency case in Page 5of 17 CODING:
hb1377-00 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 HB1377 2023 and no additional home study needs to be performed by the department.
hb1377-01-c1 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 CS/HB1377 2023 accordance with this chapter, the dependency court must shall promptly grant an evidentiary a hearing to determine all of the following:
(c) If a motion to intervene and the change of placement of the child by an adoption entity is filed files a motion to intervene in the dependency case in accordance with this chapter, the dependency court must shall promptly grant an evidentiary a hearing to determine whether:
a.
1.
If whether the adoption entity has filed the required documents to be allowed permitted to intervene.
The adoption entity has filed the required documents to be allowed permitted to intervene;
and 2.
The fee and compensation structure of the adoption entity creates any undue financial incentive for the parent to consent or for the adoption entity to intervene;
3.
The preliminary home study is adequate and provides the information required to make a best interests determination;
and 4.
The whether a change of placement of the child to the prospective adoptive family is in the best interests of the child.
Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and the change of placement of the child must be held within 30 days after the filing of the motion, and a written final order shall be filed within 15 days after the hearing.
(d)1.a.
The Legislature finds that there is a compelling state interest to ensure that a child involved in chapter 39 proceedings is served in a way that minimizes his or her trauma, provides safe placement, maintains continuity of bonded Page 4of 10 CODING:
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words underlined are additions.
hb1377-00 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 HB1377 2023 placements, and achieves permanency as soon as possible.
The Legislature finds that the use of intervention into dependency cases for the purpose of adoption has the potential to be traumatic for a child in the dependency system and that the disruption of a stable and bonded long-term placement and the change of placement to a person or family to whom the child has no bond or connection may create additional trauma.
If the preliminary home study is adequate and provides the information required to make a best interests determination.
The Legislature finds that the right of a parent to determine an appropriate placement for a child who has been found dependent is not absolute and must be weighed against other factors that take the child's safety and well-being into account.
If and whether a change of placement of the child is in the best interests of the child.
d.
It is the intent of the Legislature to reduce the disruption of stable and bonded long-term placements that have been identified as potential adoptive placements.
If the child has been in his or her current placement for at least 9 continuous months or 15 of the last 24 months immediately preceding the filing of the motion to intervene and the change of placement of the child and that placement is a prospective adoptive placement, there is a rebuttable presumption that it is in the child's best interest to remain in his or her current placement.
Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and change placement the change of placement of the child must be held within 30 days after the filing of the motion, and a written final order shall be filed within 15 days after the hearing.
(e) If the child has been in a prospective adoptive placement for at least 9 continuous months or 15 of the last 24 months immediately preceding the filing of the motion to intervene, there is a rebuttable presumption that the placement is stable and that it is in the child's best interests to remain in his or her current stable placement.
This limited party status Page 5of 10 CODING:
This limited party status expires upon the issuance of a final order on the motion to intervene and change of placement of the child.
To Page 6of 17 CODING:
hb1377-00 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 HB1377 2023 expires upon the issuance of a final order on the motion to intervene and the change of placement of the child.
hb1377-01-c1 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 CS/HB1377 2023 rebut the presumption established in this paragraph, the intervening party must prove by clear and convincing evidence that it is in the best interests of the child to disrupt the current stable prospective adoptive placement using the factors set forth in paragraph (f) and any other factors that the court deems relevant.
To rebut the presumption established in this subparagraph, the intervening party must prove by competent and substantial evidence that it is in the best interests of the child to disrupt the current stable prospective adoptive placement using the factors set forth in subparagraph 3.
(f)(d) At a hearing to determine if it is in If after consideration of all relevant factors, including those set forth in paragraph (e), the court determines that the prospective adoptive parents are properly qualified to adopt the minor child and that the adoption is in the best interests of the minor child, the court shall promptly order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity.
and any other factors the court deems relevant.
3.
In determining whether changing placement to the prospective adoptive parents selected by the parent or adoption entity is in the best interests of the child, the court shall consider and weigh all relevant factors, including, but not limited to:
a.
The permanency offered by each placement;
b.
The established bond between the child and the current caregiver with whom the child is residing if that placement is a potential adoptive home;
c.
The stability of the current placement if that placement is a potential adoptive home, as well as the desirability of maintaining continuity of that placement;
d.
The importance of maintaining sibling relationships, if possible;
e.
The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference;
and Page 6of 10 CODING:
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hb1377-00 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 HB1377 2023 f.
The right of the parent to determine an appropriate placement for the child.
(e) If after consideration of all relevant factors, including those set forth in subparagraph (d)3.
paragraph (e), the court determines that the home study is adequate and provides the information necessary to determine that the prospective adoptive parents are properly qualified to adopt the minor child and that the change of placement adoption is in the best interests of the minor child, the court must shall promptly order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity, in accordance with a transition plan developed by the department in consultation with the caregivers of the current placement and the caregivers of the newly ordered placement to minimize the trauma of removal of the child from his or her current placement.
If the child has been determined to be dependent by the court, the department must shall provide information to the prospective adoptive parents at the time they receive placement of the dependent child regarding approved parent training classes available Page 7of 10 CODING:
If the child has been determined to be dependent by the court, the department shall provide information to the prospective adoptive parents at the time they receive placement of the dependent child regarding approved parent training classes available within the community.
The department shall file with the court an acknowledgment of the parent's receipt of the information Page 7of 17 CODING:
hb1377-00 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 HB1377 2023 within the community.
hb1377-01-c1 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 CS/HB1377 2023 regarding approved parent training classes available within the community.
The department shall file with the court an acknowledgment of the prospective adoptive parents' parent's receipt of the information regarding approved parent training classes available within the community.
(e) In determining whether the best interests of a child to change placement the child are served by transferring the custody of the minor child to the prospective adoptive parents parent selected by the parent or adoption entity, the court shall consider and weigh all relevant factors, including, but not limited to, all of the following:
(e) In determining whether the best interests of the child are served by transferring the custody of the minor child to the prospective adoptive parent selected by the parent or adoption entity, the court shall consider and weigh all relevant factors, including, but not limited to:
The permanency offered;
The permanency offered by both the child's current placement and the prospective adoptive placement selected by the parent or adoption entity.;
The established bonded relationship between the child and the current caregiver in any potential adoptive home in which the child has been residing;
The established bond bonded relationship between the child and the current caregiver with whom the child is residing if that placement is a prospective adoptive placement.
in any potential adoptive home in which the child has been residing;
The stability of the potential adoptive home in which the child has been residing as well as the desirability of maintaining continuity of placement;
The stability of the prospective adoptive placement potential adoptive home in which the child has been residing, which must be presumed stable if the placement meets the requirements in paragraph (e), as well as the desirability of maintaining continuity of placement.;
The importance of maintaining sibling relationships, if possible;
The importance of maintaining sibling relationships, if possible.;
The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference;
The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference.;
6.
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hb1377-01-c1 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 CS/HB1377 2023 6.
39.806(1)(f), (g), or (h);
39.806(1)(f), (g), or (h).;
What is best for the child;
What is best for the child.;
The right of the parent to determine an appropriate Page 8of 10 CODING:
The right of the parent to determine an appropriate placement for the child.
(g)1.
If, after consideration of all relevant factors, including those set forth in paragraph (f), the court determines that the home study is adequate and provides the information necessary to make a determination that the prospective adoptive parents are properly qualified to adopt the child and that the change of placement is in the best interests of the child, the court must order the change of placement to the prospective adoptive placement selected by the parent or adoption entity, under the supervision of the adoption entity.
2.
The order must allow a reasonable period of time to transition placement of the child in accordance with a transition plan developed by the department in consultation with the current caregivers, the prospective adoptive parent, and the guardian ad litem, if one is appointed.
3.
The transition plan must be developed to minimize the trauma of removing the child from his or her current placement and take the needs of each child into account, including the child's age, relationships, bonds, and preferences.
4.
The adoption entity must thereafter provide monthly supervision reports to the department until finalization of the Page 9of 17 CODING:
hb1377-00 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 HB1377 2023 placement for the child.
hb1377-01-c1 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 CS/HB1377 2023 adoption.
(f) The adoption entity is shall be responsible for keeping the dependency court informed of the status of the adoption proceedings at least every 90 days from the date of the order changing placement of the child until the date of finalization of the adoption.
If the child has been determined to be dependent by the court, the department must provide information to the prospective adoptive parents at the time they receive placement of the dependent child regarding approved parent training classes available within the community.
(g) At the arraignment hearing held pursuant to s.
The department must file with the court an acknowledgment of the prospective adoptive parents' receipt of the information regarding approved parent training classes available within the community.
39.506, in the order that approves the case plan pursuant to s.
(h)(f) The adoption entity is shall be responsible for keeping the dependency court informed of the status of the adoption proceedings at least every 90 days after from the date of the order changing placement of the child until the date of finalization of the adoption.
39.603, and in the order that changes the permanency goal to adoption pursuant to s.
(i)(g) The parent who is a party to the dependency case must be provided written notice of his or her right to participate in a private adoption plan, including written notice of the factors set forth in paragraph (f).
39.621, the court shall provide written notice to the biological parent who is a party to the case of his or her right to participate in a private adoption plan including written notice of the factors set forth provided in subparagraph (d)3.
This written notice must be provided with the petition for dependency filed pursuant to s.
paragraph (e).
39.501, in the order that adjudicates the child dependent issued pursuant to s.
39.507, in the order of disposition issued pursuant to s.
39.521 at the arraignment hearing held pursuant to s.
39.506, in the order that approves the case plan issued pursuant to s.
39.603, and in the order that changes the permanency goal to adoption issued pursuant to s.
39.621, the court shall provide written notice to the biological parent who Page 10 of17 CODING:
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hb1377-01-c1 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 CS/HB1377 2023 is a party to the case of his or her right to participate in a private adoption plan including written notice of the factors provided in paragraph (e).
The Office of Program Policy Analysis and Government Accountability (OPPAGA) shall conduct a comparative analysis nationally of the state processes that allow private adoption entities to intervene or participate in dependency cases, including, at a minimum, processes and requirements for intervention or participation of private adoption entities in dependency cases;
Subsection (3) and paragraph (e) of subsection (4) of section 63.087, Florida Statutes, are amended to read:
any statutory fee limits for intervention adoption services, including attorney fees, recruitment fees, marketing fees, matching fees, and counseling fees;
63.087 Proceeding to terminate parental rights pending adoption;
and any regulations on marketing and client recruitment methods or strategies.
general provisions.— (3) PREREQUISITE FOR ADOPTION.—A petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending adoption.
By July 15, 2023, the Department of Children and Page 9of 10 CODING:
The clerk of the court must issue a separate case number and maintain a separate court file for a petition for adoption.
A petition for adoption may not be maintained in the same court file as the proceeding to terminate parental rights.
Adoptions of relatives, adult adoptions, or adoptions of stepchildren are not required to file a separate termination of parental rights proceeding pending adoption.
In such cases, the petitioner may file a joint petition for termination of parental rights and adoption, attaching all required consents, affidavits, notices, and acknowledgments.
Unless otherwise provided by law, this chapter applies to joint petitions.
(4) PETITION.— (e) The petition must include:
1.
The child's minor's name, gender, date of birth, and place of birth.
The petition must contain all names by which the Page 11 of17 CODING:
hb1377-00 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 HB1377 2023 Families shall provide to OPPAGA a list of all child-caring agencies registered under s.
hb1377-01-c1 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 CS/HB1377 2023 child minor is or has been known, excluding the child's minor's prospective adoptive name but including the child's minor's legal name at the time of the filing of the petition.
409.176, Florida Statutes, and all child-placing agencies licensed under s.
In the case of an infant child whose adoptive name appears on the original birth certificate, the adoptive name shall not be included in the petition, nor shall it be included elsewhere in the termination of parental rights proceeding.
63.202, Florida Statutes, and contact information for each such agency.
2.
By October 1, 2023, all registered child-caring agencies and licensed child-placing agencies shall provide OPPAGA with data as requested by OPPAGA related to contact information for any intermediary adoption entities the agency contracts with, fees and compensation for any portion of an intervention adoption the agency has been involved with, and related costs for adoption interventions initiated under chapter 39, Florida Statutes.
All information required by the Uniform Child Custody Jurisdiction and Enforcement Act and the Indian Child Welfare Act.
OPPAGA shall submit the analysis and report to the President of the Senate and the Speaker of the House of Representatives by January 1, 2024.
3.
A statement of the grounds under s.
63.089 upon which the petition is based.
4.
The name, address, and telephone number of any adoption entity seeking to place the child minor for adoption.
5.
The name, address, and telephone number of the division of the circuit court in which the petition is to be filed.
6.
A certification that the petitioner will comply of compliance with the requirements of s.
63.0425 regarding notice to grandparents of an impending adoption.
7.
A copy of the original birth certificate of the child attached to the petition or filed with the court before the final hearing on the petition to terminate parental rights.
Subsection (2) of section 63.122, Florida Statutes, is amended to read:
63.122 Notice of hearing on petition.— Page 12 of17 CODING:
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hb1377-01-c1 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 CS/HB1377 2023 (2) Notice of hearing must be given as prescribed by the Florida Family Law Rules of Civil Procedure, and service of process must be made as specified by law for civil actions.
Section 4.
Subsections (1) and (3) of section 63.132, Florida Statutes, are amended to read:
63.132 Affidavit of expenses and receipts.— (1) Before the hearing on the petition for adoption, the prospective adoptive parents parent and any adoption entity must file two copies of an affidavit under this section.
(a) The affidavit must be signed by the adoption entity and the prospective adoptive parents.
A copy of the affidavit must be provided to the adoptive parents at the time the affidavit is executed.
(b) The affidavit must itemize all disbursements and receipts of anything of value, including professional and legal fees, made or agreed to be made by or on behalf of the prospective adoptive parents parent and any adoption entity in connection with the adoption or in connection with any prior proceeding to terminate parental rights which involved the child minor who is the subject of the petition for adoption.
The affidavit must also include, for each hourly legal or counseling fee itemized, the service provided for which the hourly fee is being charged, the date the service was provided, the time required to provide the service if the service was charged by the hour, the person or entity that provided the service, and Page 13 of17 CODING:
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hb1377-01-c1 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 CS/HB1377 2023 the hourly fee charged.
(c) The affidavit must show any expenses or receipts incurred in connection with:
1.
The birth of the child minor.
2.
The placement of the child minor with the petitioner.
3.
The medical or hospital care received by the mother or by the child minor during the mother's prenatal care and confinement.
4.
The living expenses of the birth mother.
The living expenses must be itemized in detail to apprise the court of the exact expenses incurred.
5.
The services relating to the adoption or to the placement of the child minor for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the child minor, or any other person.
The affidavit must state whether any of these expenses were paid for by collateral sources, including, but not limited to, health insurance, Medicaid, Medicare, or public assistance.
(3) The court must issue a separate order approving or disapproving the fees, costs, and expenses itemized in the affidavit.
The court may approve only fees, costs, and expenditures allowed under s.
63.097.
The court may reject in whole or in part any fee, cost, or expenditure listed if the court finds that the expense is any of the following:
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hb1377-01-c1 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 CS/HB1377 2023 (a) Contrary to this chapter.;
(b) Not supported by a receipt, if requested in the record, if the expense is not a fee of the adoption entity.;
or (c) Not a reasonable fee or expense, considering the requirements of this chapter and the totality of the circumstances.
Section 5.
Paragraph (c) of subsection (1) of section 63.212, Florida Statutes, is amended to read:
63.212 Prohibited acts;
penalties for violation.— (1) It is unlawful for any person:
(c) To sell or surrender, or to arrange for the sale or surrender of, a child minor to another person for money or anything of value or to receive such minor child for such payment or thing of value.
If a child minor is being adopted by a relative or by a stepparent, or is being adopted through an adoption entity, this paragraph does not prohibit the person who is contemplating adopting the child from paying, under ss.
63.097 and 63.132, the actual prenatal care and living expenses of the mother of the child to be adopted, or from paying, under ss.
63.097 and 63.132, the actual living and medical expenses of such mother for a reasonable time, not to exceed 6 weeks, if medical needs require such support, after the birth of the child minor.
Section 6.
(1) On or before July 15, 2023, the Department of Children and Families shall provide to the Office of Program Page 15 of17 CODING:
Words strickenare deletions;
words underlined are additions.
hb1377-01-c1 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 CS/HB1377 2023 Policy Analysis and Government Accountability (OPPAGA) a list of all residential child-caring agencies registered under s.
409.176, Florida Statutes, and all child-placing agencies licensed under s.
63.202, Florida Statutes, and the contact information for each such agency.
(2) On or before October 1, 2023, all registered child- caring agencies and all licensed child-placing agencies shall provide OPPAGA with data as requested by OPPAGA related to contact information for any intermediary adoption entities with which the agency contracts, any fees and compensation for any portion of adoption interventions in which the agency has been involved, and any related costs for adoption interventions initiated under chapter 39, Florida Statutes.
(3) By January 1, 2024, OPPAGA shall submit a report to the President of the Senate and the Speaker of the House of Representatives which examines the adoption process in this state.
At a minimum, the report must include:
(a) An update of OPPAGA Report No.
08-05 from January 2008 and an expanded analysis on how long the adoption process takes before a child reaches permanency and any barriers to timely permanency.
(b) A general overview and analysis of adoptions under chapter 63, Florida Statutes, including adoptions of children outside of the child welfare system.
(c) A national comparative analysis of state processes Page 16 of17 CODING:
Words strickenare deletions;
words underlined are additions.
hb1377-01-c1 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 CS/HB1377 2023 that allow private adoption entities to intervene or participate in dependency cases and requirements for such intervention or participation.
(d) A national comparative analysis of statutory fee limits for adoption services when private adoption entities intervene in dependency cases, including attorney fees, recruitment fees, marketing fees, matching fees, and counseling fees.
(e) A national comparative analysis of any regulations on marketing and client recruitment methods or strategies of private adoption entities in dependency cases.
Section 7.
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hb1377-00
hb1377-01-c1
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 1322 (Ch. 2023-257)

  2. Added to Second Reading Calendar

  3. Bill referred to House Calendar

  4. 1st Reading (Committee Substitute 1)

  5. CS Filed

  6. Laid on Table under Rule 7.18(a)

  7. Reported out of Health & Human Services Committee

  8. Favorable with CS by Health & Human Services Committee

  9. Added to Health & Human Services Committee agenda

  10. Now in Health & Human Services Committee

  11. Reported out of Civil Justice Subcommittee

  12. Favorable by Civil Justice Subcommittee

  13. Added to Civil Justice Subcommittee agenda

  14. Now in Civil Justice Subcommittee

  15. Reported out of Children, Families & Seniors Subcommittee

  16. Favorable by Children, Families & Seniors Subcommittee

  17. Added to Children, Families & Seniors Subcommittee agenda

  18. Now in Children, Families & Seniors Subcommittee

  19. Referred to Health & Human Services Committee

  20. Referred to Civil Justice Subcommittee

  21. Referred to Children, Families & Seniors Subcommittee

  22. 1st Reading (Original Filed Version)

  23. Filed

Sponsors

  • Linda Chaney · Cosponsor
  • Stevenson · Primary
  • Health & Human Services Committee · Primary

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on · 2 voted No

Sponsors (2)

  • Stevenson
  • Health & Human Services Committee

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Republican 9002
Democrat 6000
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Amesty — Not Voting
Clemons — Yea
Fine — Yea
Grant — Yea
Cross, Lindsay Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Gantt, Ashley Viola Democrat Yea
Skidmore, Kelly Democrat Yea
Woodson, Marie Paule Democrat Yea
Anderson, Adam Republican Yea
Baker, Jessica Republican Yea
Koster, Traci Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Persons-Mulicka, Jenna Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Rizo, Alex Republican Yea
Salzman, Michelle Republican Not Voting
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Yarkosky, Taylor Michael Republican Yea

Official roll call →

Passed 15 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 3200
Republican 10001
Unaffiliated 2000
Total 15201
% of votes cast 83%11%0%6%
How each member voted (18)
Member Party Vote
Roth — Yea
Beltran — Yea
Arrington, Kristen Aston Democrat Yea
Campbell, Daryl Democrat Nay
Daniels, Kimberly Democrat Yea
Gantt, Ashley Viola Democrat Nay
López, Johanna Democrat Yea
Black, Dean Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Not Voting
Michael, Kiyan Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10000
Democrat 5000
Unaffiliated 2001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Roach — Yea
Williams — Yea
Lopez, V. — Not Voting
Harris, Jennifer "Rita" Democrat Yea
Joseph, Dotie Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Woodson, Marie Paule Democrat Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Gossett-Seidman, Peggy Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
Michael, Kiyan Republican Yea
Plasencia, Susan Republican Yea
Tramont, Chase Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1377 do?
Adoption of Children in Dependency Court; Specifies certain adoption consents are valid for certain period of time & enforceable by court; removes provision regarding sufficiency of home study provided by adoption entity; requires evidentiary hearing & certain determinations to be made under certain circumstances; provides rebuttable presumption; requires court to grant party status to current caregivers for certain period of time; requires transfer of custody of child to adoptive parents in accordance with transition plan; requires adoption entity to provide certain report to DCF; requires specified entities to provide OPPAGA with certain information; requires OPPAGA to submit report to Legislature.
Who sponsors HB 1377?
HB 1377 is sponsored by Chaney, Linda (Republican), Stevenson, and Health & Human Services Committee.
What is the current status of HB 1377?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1377?
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