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Florida Statute 63.039 | Lawyer Caselaw & Research
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F.S. 63.039 Case Law from Google Scholar Google Search for Amendments to 63.039

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.039
63.039 Duty of adoption entity to prospective adoptive parents; sanctions.—
(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 by promoting certainty, finality, and permanency for such persons. The adoption entity must:
(a) Provide written initial disclosure to the prospective adoptive parent at the time and in the manner required under s. 63.085.
(b) Provide written disclosure to the parent at the time and in the manner required under s. 63.085.
(c) When a written consent for adoption is obtained, obtain the consent at the time and in the manner required under s. 63.082.
(d) When a written consent or affidavit of nonpaternity for adoption is obtained, obtain a consent to adoption or affidavit of nonpaternity that contains the language required under s. 63.062 or s. 63.082.
(e) Include in the petition to terminate parental rights pending adoption all information required under s. 63.087.
(f) Obtain and file the affidavit of inquiry pursuant to s. 63.088(4), if the required inquiry is not conducted orally in the presence of the court.
(g) When the identity of a person whose consent to adoption is necessary under this chapter is known but the location of such a person is unknown, conduct the diligent search and file the affidavit required under s. 63.088(5).
(h) Serve a petition and notice of hearing to terminate parental rights pending adoption at the time and in the manner prescribed by law.
(i) Obtain the written waiver of venue required under s. 63.062, if applicable.
(j) Provide an adoption disclosure statement, as required under s. 63.085(1), to all persons whose consent is required under s. 63.062(1).
(2) With the exception of an adoption by a relative or stepparent, all adoptions of minor children require the use of an adoption entity that will assume the responsibilities provided in this section.
(3) If a court finds that a consent to adoption or an affidavit of nonpaternity taken under this chapter was obtained by fraud or duress attributable to the adoption entity, the court may award all sums paid by the prospective adoptive parents or on their behalf in anticipation of or in connection with the adoption. The court may also award reasonable attorney’s fees and costs incurred by the prospective adoptive parents in connection with the adoption and any litigation related to placement or adoption of a minor. The court may award reasonable attorney’s fees and costs, if any, incurred by the person whose consent or affidavit was obtained by fraud or duress. Any award under this subsection to the prospective adoptive parents or to the person whose consent or affidavit was obtained by fraud or duress must be paid directly to them by the adoption entity or by any applicable insurance carrier on behalf of the adoption entity if the court determines, after an evidentiary hearing held subsequent to the entry of a final order in the underlying termination of parental rights or adoption action, that the actions or failures of the adoption entity directly contributed to the finding of fraud or duress.
(4) The prevailing party in an action to set aside a judgment terminating parental rights pending adoption or a judgment of adoption may be awarded reasonable attorney’s fees and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil Procedure. An award under this subsection must be paid by the adoption entity or by the applicable insurance carrier on behalf of the adoption entity if the court finds that the acts or omissions of the entity were the basis for the court’s order granting relief to the prevailing party.
(5) Within 30 days after the entry of an order of the court finding sanctionable conduct on the part of an adoption entity, the clerk of the court must forward to:
(a) The Florida Bar any order that imposes sanctions under this section against an attorney acting as an adoption entity.
(b) The Department of Children and Families any order that imposes sanctions under this section against a licensed child-placing agency or a child-placing agency licensed in another state that is qualified by the department.
(c) The entity under s. 409.176 that certifies child-caring agencies any order that imposes sanctions under this section against a child-caring agency registered under s. 409.176.
(d) The Office of Attorney General any order that imposes sanctions under this section against the department.
History.—s. 9, ch. 2001-3; s. 3, ch. 2003-58; s. 5, ch. 2008-151; s. 5, ch. 2012-81; s. 27, ch. 2014-19.

F.S. 63.039 on Google Scholar

F.S. 63.039 on Casetext

Amendments to 63.039


Arrestable Offenses / Crimes under Fla. Stat. 63.039
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.039.

Annotations, Discussions, Cases:

Cases Citing Statute 63.039

Total Results: 9

Js v. Sa

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-21T00:53:00-07:00

Citation: 912 So. 2d 650

Snippet: Baber, 74 N.J. 201, 377 A.2d 628 (1977). Section 63.039, Florida Statutes, imposes affirmative duties on

J.S. v. S.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-21T00:00:00-07:00

Citation: 912 So. 2d 650, 2005 Fla. App. LEXIS 14744

Snippet: Baber, 74 N.J. 201, 377 A.2d 628 (1977). Section 63.039, Florida Statutes, imposes affirmative duties on

Matter of Adoption of Kmc

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-27T23:53:00-08:00

Citation: 606 So. 2d 1262

Snippet: ' testimony was unrebutted. Second, Chapter 63';s statutory scheme requires that a trained and …placement, the trial court must abide by Chapter 63';s basic safeguard that social studies be completed

ST. v. Falls Chase Spec. Taxing Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-20T23:53:00-08:00

Citation: 424 So. 2d 787

Snippet: Eddy Corp. v. United States, 249 U.S. 557, 562-63, 39 S.Ct. 375, 377, 63 L.Ed. 772 (1919): The contention

Chapman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1963-12-19T23:53:00-08:00

Citation: 158 So. 2d 578

Snippet: Appellant, v. The STATE of Florida, Appellee. No. 63-39. District Court of Appeal of Florida. Third District… the cause is remanded for a new trial. 63-39 District Court of Appeal of Florida fladistctapp

Hall v. State

Court: Fla. | Date Filed: 1953-07-10T00:53:00-07:00

Citation: 66 So. 2d 863

Snippet: no objection is made. Lucas v. State, 144 Ala. 63, 39 So. 821, 3 L.R.A.,N.S., 412; Brown v. State, 236

Allison v. Mayo

Court: Fla. | Date Filed: 1947-04-01T00:00:00-08:00

Citation: 29 So. 2d 750, 158 Fla. 700, 1947 Fla. LEXIS 615

Snippet: cites in support thereof Lucas v. State, 144 Ala. 63, 39 So. 821, and several cases there cited. It is admitted

M. D. Futch, Inc. v. Miller

Court: Fla. | Date Filed: 1944-01-21T00:00:00-07:00

Citation: 16 So. 2d 338, 154 Fla. 27, 1944 Fla. LEXIS 604

Snippet: shall havebeen ruled upon by the court." Sec. 63.39 (Italics supplied.) The next section provides: &

Martin v. Dade Muck Land Co.

Court: Fla. | Date Filed: 1928-03-26T00:00:00-08:00

Citation: 116 So. 449, 95 Fla. 530

Snippet: 694; Withnell v. Ruecking Const. Co., 249 U.S. 63, 39 Sup. Ct. Rep. 200; Hunter v. Owens,80 Fla. 812,