The 2024 Florida Statutes
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. . . See § 63.062(2)(b)(1), Fla. Stat. (2015). . . .
. . . for default, arguing that because S.R.B. failed to comply with the statutory requirements of sections 63.062 . . . ., the Fourth District concluded that "[u]ntil a putative father complies with the statute [section 63.062 . . .
. . . Department of Health within the required timeframes, and has complied with the requirements of section 63.062 . . .
. . . ("Child"), pursuant to section 63.062(2), Florida Statutes (2016). . . . evidentiary hearing, the court granted the petition, deeming Father's consent unnecessary pursuant to section 63.062 . . . Section 63.062(1) provides that the consent of certain persons is required before an adoption petition . . . See § 63.062(1), Fla. Stat. (2016). . . . of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062 . . .
. . . .” § 63.062(2)(e), Fla. . . . Stat. (2016); see also § 63.062(l)(b)(5) (“The status of the father shall be determined at the time of . . .
. . . waiver of consent to a termination of parental rights of any person required to consent by section 63.062 . . .
. . . The trial court erred in interpreting the governing statute, section 63.062(3) of the Florida Statutes . . . location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088., § 63.062 . . . Id. at § 63.062(3). . . . Id. - at § 63.062(3)(b). . . . adoption plan if a child is more than six months old when the mother executes consent for adoption. § 63.062 . . .
. . . .” § 63.062(7), Fla. Stat. (2015). . . . See § 63.062(7), Fla. . . .
. . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . . Department of Health within the required time-frames, and has complied with the requirements of section 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . .
. . . gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062 . . . alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062 . . . Chapter 39, unless the prospective parent’s status falls within the terms of sections 39.503(1) or 63.062 . . . Neither section 39.503(1) nor section 63.062(1) is applicable to the instant case, and there is no evidence . . . Section 63.062(1), Florida Statutes (2014), lists persons who are required to consent to an adoption. . . .
. . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . . Department of Health within the required time-frames, and has complied with the requirements of section 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . .
. . . See generally § 63.062, Fla. Stat. (2012). . . .
. . . See §§ 63.054, 63.062, Fla. Stat. (2010). . . . See § 63.062(1 (b)(4)-(5), Florida Statutes (effective July 1, 1975) (requiring notice to putative father . . .
. . . gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062 . . . defined in s. 742.13 or a man whose consent to the adoption of the child would be required under s. 63.062 . . .
. . . As required by section 63.062(3), Florida Statutes (2012), CHS served the putative father with the Notice . . . child; 2) that he was required to act within 30 days of being served; 3) his obligations under section 63.062 . . . not signed, witnessed, or notarized, and did not otherwise comply with the requirements of section 63.062 . . . Sections 63.062(2)(b) & (3)(a) delineate the steps that a putative father must take to legally recognize . . . The clear intent of the Legislature in section 63.062(2)(e) is that a putative father, who does not comply . . .
. . . John Slowinski, the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1 . . .
. . . . § 63.062 (1979) (same); Ore.Rev.Stat §§ 109.092, 109.312 (1975) (same); S.D. . . .
. . . . § 63.062 (1979) (same) ; Ore.Rev.Stat. §§ 109.092, 109.312 (1975) (same); S.D. . . .
. . . with Notice of Intended Adoption Plan, Adoption Disclosure, and Acknowledgment as required by section 63.062 . . . See § 63.062(3)(a)(1)(a)-(c). . . . But under section 63.062(2)(d), an unmarried biological father waives the right to give or withhold consent . . . The statute was amended effective July 1, 2012, and the waiver provision now appears in section 63.062 . . .
. . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . . Department of Health within the required timeframes, and has complied with the requirements of section 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . .
. . . See § 63.062(l)(b). . . . Section 63.062(2)(b) contains three requirements. . . . (2) waives and surrenders his rights regarding the child. §§ 63.054(1), 63.062(2)(d). . . . See § 63.062(3)(a); J.A., 963 So.2d at 199. . . . Accordingly, the provisions of section 63.062(2)(a) would apply. . . .
. . . .” § 63.062(l)(b)5. . . . .” § 63.062(2)(1). . . . Compare § 63.062(3) with § 63.063(1). . . . Section 63.062(3) specifically references section 63.062(2)(b)2, while section 63.063 does not. . . . a proper construction of section 63.062(3). . . .
. . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . . Department of Health within the required timeframes, and has complied with the requirements of section 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . .
. . . We reverse the trial court’s order under section 63.062(9), Florida Statutes, because the trial court . . . Section 63.062, Florida Statutes, provides that a court may transfer venue of a petition for termination . . . required for the adoption, “unless the objecting parent has previously executed a waiver of venue.” § 63.062 . . .
. . . his registration after he changed residences, necessarily waives the consent requirement of section 63.062 . . . Section 63.062 contains additional requirements the putative father must meet in order to preserve the . . . Section 63.062 applies where, as in the instant case, grounds for termination of parental rights have . . . If the putative father complies with section 63.062, “a petition to terminate parental rights pending . . . In order to preserve the necessity of his consent, J.H. was required to comply with section 63.062(2) . . .
. . . We also reject the H’s position that sections 39.812(5) and 63.062(7), Florida Statutes (effective July . . . While sections 39.812(5) and 63.062(7) permit a court to deem that DCF’s consent may be waived if unreasonably . . .
. . . gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062 . . . alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or 63.062 . . . Neither section 39.503(1), relating to identifying and locating an unknown parent, nor section 63.062 . . .
. . . . § 63.062(2) (b)(2). . . . .” § 63.062(2)(b)(3). . . . .” § 63.062(3)(a). . . .
. . . . §§ 63.062(l)(d)3„ 63.062(6), 63.088(2), Fla. . . . See §§ 63.062(l)(d)3., 63.062(6), 63.088(2), Fla. Stat. (2002). . . . However, the Biological Father was clearly entitled to notice under section 63.062(1)(d)(3), Florida . . . there was no way that a determination could be made as to claims by other persons.); contrary to § 63.062 . . . Furthermore, Dove was aware or should have been aware that section 63.062(l)(d)(3), Florida Statutes . . .
. . . claim with the Florida Putative Father Registry only if the father was served with notice under section 63.062 . . . Counsel for J.A. asserted that under section 63.062(3)(a), Florida Statutes (2005), HOA was required . . . The trial court rejected the argument that section 63.062(3)(a) required mandatory notice. . . . See § 63.062(2)(b)(1), Fla. Stat. (2005). . . . Section 63.062(2)(d), Florida Statutes (2005), provides that an unmarried biological father, who does . . . See § 63.062(2)(d), Fla. Stat. (2005). . . . See § 63.062(3)(a), Fla. Stat. (2005). . . . In addition to construing the notice provision in section 63.062(3) as mandatory, it is my view that . . . Construing the notice provision in section 63.062(3) as mandatory simply directs the adoption entity . . . Instead of the required notice under section 63.062(3), J.A. was provided with misleading information . . .
. . . See §§ 63.062, .082, .087-.089. . . . Section 63.062 sets forth various provisions governing the granting of such petitions. . . . Section 63.062(2)(d) provides: An unmarried biological father who does not comply with each of the conditions . . . See §§ 63.062(2)(b)(l); 63.054. . . . parental rights of such a biological father does nothing more than carry out the mandate of section 63.062 . . . of parental rights pending adoption, a putative father’s failure to meet the requirement of section 63.062 . . .
. . . appellant’s parental rights, he did not fit into any of the categories of persons delineated in section 63.062 . . . appellant’s motions established the fact that the minor was appellant’s child, as required by section 63.062 . . . P.J.M., 933 So.2d 57, 59 (Fla. 1st DCA 2006), the requirement in section 63.062(l)(b)3. that the minor . . . Pursuant to § 63.062, Fla. . . . 63.088, Florida Statutes (2005), relating to proceedings to terminate parental rights, nor section 63.062 . . . A.S., 944 So.2d 344 (Fla.2006) (“Section 63.062(l)(b)(3) provides that a petition to terminate parental . . .
. . . The trial court found that J.C.J.’s consent to adoption was not required here pursuant to section 63.062 . . . , such as this, where the father has failed to comply with the registration requirements of section 63.062 . . . supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062 . . . an individual whose consent was not required due to his failure to register as required by section 63.062 . . . Section 63.062(2)(d) states that an unmarried biological father who fails to comply with the registration . . .
. . . See § 63.062(2)(d), Fla. Stat. (2004).” . . . Section 63.062 addresses the persons required to consent to adoption. . . . Section 63.062(2)(b) provides that the consent of an unmarried biological father is necessary when a . . . Father Registry, see § 63.062(2)(b)(l). . . . We admit that section 63.062(3)(a) seems odd to this court. . . .
. . . Therefore, under the express terms of section 63.062(7), the Department, being the adoption entity with . . . A copy of the consent executed by the department as required under s. 63.062(7) must be attached to the . . . In other words, sections 63.062(7) and 39.812(5) include virtually identical requirements addressing . . . See §§ 39.812(5) & 63.062(7), Fla. Stat. (2005). . . . Being the more specific and restrictive of the two chapter 63 provisions, section 63.062(7) controls. . . .
. . . the majority proclaims that B.B.’s consent to the proposed adoption was required, pursuant to section 63.062 . . . The majority’s application of section 63.062(l)(b)3. in this case is unsupported by the facts, directly . . . Instead, they argued that B.B. had sufficiently complied with sections 63.062(l)(b)5. and 63.062(2), . . . In section 63.062(2), Florida Statutes (2004), clear and unambiguous time frames are delineated within . . . The majority focuses on section 63.062(l)(b)3., Florida Statutes (2004), out of context, and reaches . . . Adoption The persons required to consent to an adoption of a minor child are enumerated under section 63.062 . . . Health within the required time-frames, and has complied with the requirements of subsection (2). § 63.062 . . . adoption when he has not been previously identified through one of the five methods delineated in section 63.062 . . . See § 63.062(l)(b)l-5, Fla. Stat. . . . court proceeding” to be Appellant’s child, and his parental rights have not been terminated, section 63.062 . . .
. . . . § 63.062(1), Fla. Stat. (2004). . . .
. . . argument that the father's consent was not required under the recently enacted provisions of section 63.062 . . .
. . . waiver of consent to a termination of parental rights of any person required to consent by section 63.062 . . .
. . . presented, the Legal Father had standing and, in fact, his consent was required pursuant to section 63.062 . . . Section 63.062’s requirements are incorporated into the general provisions governing the proceeding to . . . It appears that the trial court overlooked section 63.062’s requirements by which the Legal Father’s . . .
. . . .” § 63.062(7), Fla. . . . alone shall in all cases be sufficient,” id. § 39.812(1), and “no other consent is required,”, id. § 63.062 . . . This does not necessarily mean that the department’s consent is always required under section 63.062( . . . Id. § 63.062(1) (emphasis added). . . . The new section 63.062(7), Florida Statutes (2004), which became effective on July 1, 2004, contains . . .
. . . waiver of consent to a termination of parental rights of any person required to consent by section 63.062 . . .
. . . A copy of the consent executed by the department as required under s. 63.062(7) must be attached to the . . .
. . . Parental rights may be terminated through adoption, see § 63.062, Fla. . . .
. . . 2003 Florida Legislature amended numerous statutes related to adoption, in-eluding sections 63.022, 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . . Department of Health within the required time-frames, and has complied with the requirements of section 63.062 . . . information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 . . .
. . . section 39.812(5) states that “[a] copy of the consent executed by the department as required under s. 63.062 . . . The key section of Chapter 63 as relevant to the case at bar is section 63.062(7) which provides: If . . . permissive, especially because DCF is not a listed party from which consent is required under section 63.062 . . . It is true that section 63.062(1) emphasizes the consent of individuals such as the child’s mother and . . .
. . . gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062 . . .
. . . waiver of consent to a termination of parental rights of any person required to consent by section 63.062 . . .
. . . to adoption or affidavit of nonpaternity executed by each person whose consent is required under s. 63.062 . . . This subsection only applies if, as to any person whose consent is required under s. 63.062 and who has . . .
. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). . . . waiver of consent to a termination of parental rights of any person required to consent by section 63.062 . . . consent to a termination of parental rights by those persons of any person required to consent by section 63.062 . . .
. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). . . . consent to an adoptiona termination of parental rights by those persons required to consent by section 63.062 . . .
. . . Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if . . .
. . . to intervene an "acknowledgment of paternity,” which states that it is executed pursuant to section 63.062 . . .
. . . See § 63.062(1), Fla. . . . On the standing issue, the trial court stated: Section 63.062, Florida Statutes, sets out the requirements . . .
. . . Section 63.062, Florida Statutes (1997), governs our disposition of this case. . . .
. . . The Florida Adoption Statute, Section 63.062(1) (1997), requires the written consent of both parents . . .
. . . Further, section 63.062, Florida Statutes (1997), which specifies the persons required to consent to . . .
. . . or prospective parent, unless the parental status falls within the terms of either § 39.4051(7) or § 63.062 . . .
. . . is a request for a waiver of consent to an adoption by those persons required to consent by section 63.062 . . .
. . . See § 63.062, Fla. Stat. (1993). O.A.H. refused to consent. . . .
. . . Section 63.062, Florida Statutes (1993), provides in part: Persons required to consent to adoption.— . . .
. . . S.H., 671 So.2d 260 (Fla. 4th DCA 1996); § 63.062, Fla. Stat. (1995). . . .
. . . Section 63.062 addresses the consents required before a child may be legally adopted. . . . “department” is used to reference HRS and HRS is specifically referred to in that manner in section 63.062 . . .
. . . Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if . . .
. . . Under section 63.062, it is not necessary to obtain the consent of a child to an adoption, who is under . . .
. . . Section 63.062(2), Florida Statutes (1993), permits the trial court to require a consent to adopt from . . .
. . . See §§ 63.022(1), 63.022(2)(/), 63.032(11), 63.062(l)(c), 63.092(1), 63.092(3)(a)4„ 63.142(4), 63.162 . . .
. . . Section 63.062(l)(c), Florida Statutes (1993), expressly provides that only a child older than 12 years . . . The definition of abandonment relates to sections 63.062 and 63.072, Florida Statutes (1993). . . .
. . . consent of the natural mother and the only child more than twelve years of age, as required by section 63.062 . . .
. . . 1253, 1255-56 (Fla. 4th DCA 1982); In re Adoption of Mullenix, 359 So.2d 65 (Fla. 1st DCA 1978); §§ 63.062 . . .
. . . that the trial court erred in determining that the natural father’s consent was not required under § 63.062 . . .
. . . circuit court erred in ruling that Kent’s consent was not required under the adoption statute, section 63.062 . . .
. . . Pursuant to Section 63.062, Florida Statutes, the consent of John O’Bryan is not required to consummate . . . In addition to the foregoing, the allegations of the motion state that pursuant to section 63.062(l)( . . . 1978), concluding that the father’s consent was not required since he did not meet any of the section 63.062 . . . In this case, as in A.J.B., it was error to find that appellant did not meet any of the section 63.062 . . . Third, appellant substantially complied with section 63.062(l)(b)4, in that he telephoned HRS and acknowledged . . .
. . . Kent's consent was not required since he had not met any of the section 63.062(l)(b), Florida Statutes . . . Kent’s consent was not required under section 63.062(l)(b) and in thereupon applying the “best interest . . . The pertinent conditions sub judice are set forth in section 63.062(l)(b)3 and 4 which require consent . . . In Mullenix and Wylie, the court recognized that section 63.062 imposes upon a natural father the duty . . . adoption and, long before entry of the final judgment granting the petition, he had met two of the section 63.062 . . .
. . . correctly construed and applied “abandonment” as it relates to the need for paternal consent under section 63.062 . . . Section 63.062(1) provides: (1) Unless consent is excused by the court, a petition to adopt a minor may . . . The natural father here filed an acknowledgment of paternity in accordance with section 63.062(1) on . . .
. . . Section 63.062(l)(a) and (b), Florida Statutes (1987). . . .
. . . Section 63.062(l)(b) provides that the natural father must give his written consent following the birth . . . Fla.Stat. § 63.062(l)(b)(5) (1985); Wylie v. . . . Botos, supra; Fla.Stat. § 63.062(l)(b)(5) (1985). 44. The Court notes that Wylie v. . . . of Appeal held that the natural father was estopped to claim his consent was necessary under section 63.062 . . . natural father’s written consent is also required in other circumstances not relevant to this case. . § 63.062 . . .
. . . . § 63.062(3), Fla. Stat. (1985). . . .
. . . . §§ 63.062(1) and 63.122(4)(c), Fla.Stat. (1983). . . .
. . . order of permanent commitment to HRS, the consent of the agency alone is sufficient for adoption, s. 63.062 . . .
. . . Section 63.062(1), Florida Statutes (1983) says: Unless consent is excused by the court, a petition to . . .
. . . State, section 63.062 discusses the requirement for the consent of the father to the adoption of a minor . . . Section 63.062 (1984) provides: Persons required to consent to adoption. (1) Unless consent is excused . . .
. . . As a condition precedent to the adoption of a child, section 63.062(l)(b)4, Florida Statutes (1983), . . . fathers whose consent is required for the adoption of a minor child under the express terms of section 63.062 . . .
. . . Section 63.062, Fla.Stat. (1979). . . .
. . . adoption proceedings, this some eight years prior to the promulgation of notice provisions in section 63.062 . . . See § 63.062, Fla.Stat. and Wylie v. Botos, 416 So.2d 1253 (Fla. 4th DCA 1982). . . .
. . . Section 63.062, Florida Statutes (1981), provides in part: 63.062 Persons required to consent to adoption . . .
. . . . § 63.062(2)(a), Fla.Stat. (1979). . . . person lawfully entitled to the custody of a minor prior to court approval of an adoption petition. § 63.062 . . . Dawn Payne for three reasons: First, the statutory requirement of consent has not been satisfied. § 63.062 . . .
. . . Section 63.062, Florida Statutes (1979), provides: 63.062 Persons required to consent to adoption.— ( . . . Under Section 63.062(1), the consent of the natural mother of a child born out of wedlock is required . . . not have been an excuse for the absence of the natural father’s consent to the adoption under Section 63.062 . . .
. . . On August 7th, 1980, the father acknowledged in writing, pursuant to Section 63.062 F.S. a document admitting . . .
. . . the legislature has seen fit to authorize it only upon the giving of appropriate consents, Section 63.062 . . . unless the court finds that the best interest of the child makes the child’s consent unnecessary, § 63.062 . . .
. . . Adoption of Turner, 352 So.2d 957 (Fla.1st DCA 1977)) F.S. 63.062, Florida Statutes 1975, requires as . . . Walcott, supra) The statute (F.S. 63.062, Florida Statutes 1975) does not require appellant’s consent . . .
. . . the trial court found from the evidence that there had not been a legal abandonment as required by § 63.062 . . .
. . . In none of those petitions, however, was the mandate of Section 63.062(3)(b), Florida Statutes (1975) . . .
. . . See also F.S. 63.062(1). . Rule 1.140, R.C.P. . . .
. . . . § 63.062 (1974); Hawaii Rev.Laws § 578-2 (Supp.1974); S. H.Ill.Ann.Stat. ch. 4, §§ 9.1-1, subd. . . .
. . . effort to bring our adoption laws in line with these decisions, our legislature has recently amended § 63.062 . . .