CopyCited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660
...with a summons, notice of petition, and notice of hearing to terminate parental rights pending adoption. [5] The summons informed J.A. that he was "required to serve written defenses to the . . . petition." The notice of petition and notice of hearing, which were in the form prescribed by section 63.088(3), Florida Statutes (2005), informed J.A....
...ried biological father has a "parental interest" that is subject to termination under chapter 63 if the unmarried biological father does not take the actions available to him to preserve his right to consent to the termination and adoption. Finally, section 63.088, Florida Statutes (2005), which is titled " Proceeding to terminate parental rights pending adoption; notice and service; diligent search," states *198 that an unmarried biological father is deemed to be on notice, by virtue of the fact that he has engaged in a sexual relationship with a woman, that a pregnancy might occur and that an adoption proceeding might be brought and, therefore, has a duty to protect his own rights and interests. See § 63.088(1), Fla....
...e adoptive home, would be rendered meaningless. Section
63.062(3)(b) provides that "[i]f the [birth] mother identifies a potential unmarried biological father whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s.
63.088." (Emphasis supplied.) If an adoption entity is not required to serve the notice of adoption plan on a known, locatable, unmarried biological father, the Legislature's mandate that the adoption entity conduct a diligent search to locate a potential father would be meaningless....
...n and a search of the Florida Putative Father Registry fails to reveal a match, the adoption entity shall request in the petition for termination of parental rights pending adoption that the court declare the diligent search to be in compliance with s. 63.088 and to further declare that the adoption entity shall have no further obligation to provide notice to the potential unmarried biological father and the potential unmarried biological father's consent to the adoption shall not be required....
...ctively and summarily terminate parental rights. A review of the statutory scheme reveals a reasonable construction that would comport with these constitutional parameters and the legislative intent of finality and stability in adoption proceedings. Section 63.088(1) states that "[a]n 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." § 63.088(1), Fla....
...Construing the notice provision in section
63.062(3) as mandatory simply directs the adoption entity to provide the notice of intended adoption plan along with the adoption disclosure. In addition, if the inquiry conducted by the court pursuant to section
63.088 reveals a locatable unmarried biological father, both the adoption disclosure requirement under section
63.085 and the notice of intended adoption plan requirement under section
63.062(3) will be triggered....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...n intermediary, attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section
63.097 or
63.212(5), Florida Statutes; (E) an affidavit of diligent search and inquiry is filed in lieu of personal service under section
63.088(4), Florida Statutes; or (F) the court is otherwise aware that any person having standing objects to the termination of parental rights pending adoption....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
...ying" a man as a child's father is distinguishable from the concept of "establishing" whether the man is the child's legal father. The validity of this *70 distinction is buttressed by the inclusion in the Florida Adoption Act of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings initiated under s....
...This statutory requirement merely allows for the identification of potentially interested men who might be "fathers" whose consent to the adoption might be required pursuant to section
63.062(1)(b), Florida Statutes (2004). The identification of potential fathers required by section
63.088(4) is comparable to DCF's "identification" of B.B. as the child's "father" in the dependency proceedings. The inevitable result of the majority's interpretation of section
63.062(1)(b)3. will be that, by filing the affidavit authorized by section
63.088(4), a party having personal knowledge of the facts in an adoption case will always be "establishing by court proceeding" that the unmarried biological father of the child is the child's legal father entitled to consent to the child's adoption pursuant to section
63.062(1)(b)3....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...Because Judge Fleming's decision has altered the course of this case, it is worth emphasizing that her ruling has support within the applicable statutes and was not challenged in this court by writ of certiorari or prohibition. Proceedings to terminate parental rights pending adoption are explained in section 63.088, Florida Statutes (2004)....
...Subsection 4 of that statute is entitled "REQUIRED INQUIRY" and tells the trial court that it "must" conduct an inquiry regarding the identity of "any man with whom the mother was cohabiting at any time when conception of the minor may have occurred." § 63.088(4)(d)....
...n of any rights, inchoate or otherwise, that the father may have. The legislature's intent to treat an unmarried biological father such as A.S. as a "non-parent" who has no established rights requiring termination is further demonstrated in sections
63.088 and
63.089....
CopyCited 2 times | Published | Supreme Court of Florida | 2008 WL 2373903
...[3] Dove misrepresented *1005 facts known to her relating the birth father and the sufficiency of the documents presented to the trial court. The referee found that had Dove accurately represented these material facts, she would not have obtained a signed order terminating parental rights. See §§
63.087;
63.088, Fla....
...Child" on July 19, 2002, stating that the "birth mother of this child has surrendered her parental rights by affidavit, and named a legal father. The legal father has surrendered his parental rights by affidavit." Cf. §§
63.062(1)(d)3.,
63.062(6),
63.088(2), Fla....
...Dove concealed this communication of the Biological Father from the circuit court and never disclosed the true facts. Cf. §
63.135(1)(c), Fla. Stat. (2002). The Biological Father was entitled to notice and his consent to the adoption was required. See §§
63.062(1)(d)3.,
63.062(6),
63.088(2), Fla....
...obtaining a written consent to adoption or an affidavit of nonpaternity from that identified person. Dove also was aware or should have been aware of the notice and search requirements relating to any "person whose consent is required" set forth in section 63.088, Florida Statutes (2002)....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673
...alleged biological father. Chapter 2007-85, section 7 amends section
409.257, Florida Statutes (2006) to require that before such service of process may be made on a legal father in such a proceeding, the diligent search and inquiry requirements of section
63.088, Florida Statutes, must be satisfied by the petitioner, and the petitioner must "execute an affidavit of diligent search and file it with the court confirming each aspect of the diligent search enumerated in s[ection]
63.088(5) and specifying the results." However, chapter 409 applies only to actions brought by the Department of Revenue....
...result in termination of the legal father's parental rights. In conjunction with the amendment to rule 12.070, the Committee also proposes new form 12.913(c) (Affidavit of Diligent Search) to provide a *303 form affidavit meeting the requirements of section 63.088, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042
...[2] This provision states in part: (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 under s.
63.088 to: ....
...A simultaneous hearing was conducted in both cases, and the trial court considered first the adoption agency's motion, granted it because of the father's failure to comply with chapter 63 requirements, and thereafter dismissed the parentage action as moot. [5] Neither section
63.088, Florida Statutes (2005), relating to proceedings to terminate parental rights, nor section
63.062(3)(a), pertaining to adoption proceedings, requires an adoption agency to provide notice of same to an unmarried biological father who does not have the status of parent as defined in chapter 63....
CopyPublished | Supreme Court of Florida | 2017 WL 4416328
...ney, or agency is seeking fees,
costs, or other expenses in excess of those provided under section
63.097 or
63.212(5), Florida Statutes;
(E) an affidavit of diligent search and inquiry is filed in lieu
of personal service under section
63.088(4), Florida Statutes; or
(F) the court is otherwise aware that any person having
standing objects to the termination of parental rights pending adoption.
(b) Pretrial Conference....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 822, 2002 Fla. LEXIS 1952, 2002 WL 31190920
...da Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet. Rule 12.200 was amended to reflect statutory changes to the Florida Adoption Act. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§
63.062,
63.087,
63.088,
63.097, and
63.212, Fla....
...intermediary, attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under sections
63.097 or
63.212(5), Florida Statutes; (E) an affidavit of diligent search and inquiry is filed in lieu of personal service under section
63.088(4), Florida Statutes; or (F) the court is otherwise aware that any person having standing objects to *684 the termination of parental rights pending adoption....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6233
BENTON, J. We are asked to decide whether the trial court erred in ruling that (1) section
63.088(1), Florida Statutes (2007), runs afoul of due process guarantees insofar as it deems unmarried biological fathers on notice that section
63.054, Florida Statutes (2007), requires them to file a claim of paternity with the Florida Puta...
...2d 800, 801-02 (N.Y.App.Div.1994) (holding Act did not toll six-month period unwed father had in which to assure that biological connection with child ripened into constitutionally protected liberty interest). In addition, the trial court ruled that section 63.088(1) could not be applied constitutionally in C.L.G.’s case, opining that “to find that [C.L.G.] had given up all rights to his child under these circumstances would be a violation of his due process and privacy rights.” In reachin...
...But the trial court’s rulings overlook the fact that the registration requirement for preservation of paternal rights applies only to an “unmarried biological father.” §
63.054(1), Fla. Stat. (2007). C.L.G. was no longer “unmarried,” when the trial court ruled. Section
63.088(1) ceased to apply to C.L.G....
...See Cashatt v. State,
873 So.2d 430, 436 (Fla. 1st DCA 2004) (“a statute is to be construed where fairly possible so as to avoid substantial constitutional questions”). A fortiori, any consequence the Act might have had for section
63.054(1) or
63.088(1) had no bearing on C.L.G.’s rights, once he was married to the child’s mother....
...lost the statutory right to file a claim of paternity under section
63.054(1). When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section
63.054(1) or
63.088(1)....
..., 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 rights and interest.” § 63.088(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 WL 1791911
...Miller, Jacksonville, and Diane H. Tutt, Davie, for Appellants. Moses Meide, Jr., Jacksonville; Michael J. Korn and Mary C. Coxe of Korn & Zehmer, P.A., Jacksonville, for Appellees. BENTON, J. We are asked to decide whether the trial court erred in ruling that (1) section
63.088(1), Florida Statutes (2007), runs afoul of due process guarantees insofar as it deems unmarried biological fathers on notice that section
63.054, Florida Statutes (2007), requires them to file a claim of paternity with the Florida Puta...
...2d 800, 801-02 (N.Y.App.Div.1994) (holding Act did not toll six-month period unwed father had in which to assure that biological connection with child ripened into constitutionally protected liberty interest). In addition, the trial court ruled that section 63.088(1) could not be applied constitutionally in C.L.G.'s case, opining that "to find that [C.L.G.] had given up all rights to his child under these circumstances would be a violation of his due process and privacy rights." In reaching this...
...But the trial court's rulings overlook the fact that the registration requirement for preservation of paternal rights applies only to an "unmarried biological father." §
63.054(1), Fla. Stat. (2007). C.L.G. was no longer "unmarried," when the trial court ruled. Section
63.088(1) ceased to apply to C.L.G....
...hts. See Cashatt v. State,
873 So.2d 430, 436 (Fla. 1st DCA 2004) ("a statute is to be construed where fairly possible so as to avoid substantial constitutional questions"). A fortiori, any consequence the Act might have had for section
63.054(1) or
63.088(1) had no bearing on C.L.G.'s rights, once he was married to the child's mother....
...lost the statutory right to file a claim of paternity under section
63.054(1). When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section
63.054(1) or
63.088(1)....
...er, 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 rights and interest." § 63.088(1), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 542, 2002 Fla. LEXIS 1154, 2002 WL 1066145
...See art. V, § 2(a), Fla. Const. In 2001, the Florida Legislature enacted extensive revisions to the Florida Adoption Act, some of which require amendments to rule 12.200. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§
63.062,
63.087,
63.088,
63.097, and
63.212, Fla....
...termediary, attorney, or agency is seeking feeser, costs, or other expenses in excess of those provided under sections
63.097 or
63.212(45), Florida Statutes; (DE) an affidavit of diligent search and inquiry is filed in lieu of personal sendee under section
63.088(4), Florida Statutes; or (EF) the court is otherwise aware that any person having standing objects to the adoptiontermination of parental rights pending adoption....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8011
Florida Adoption Act of the requirements of section
63.088(4), Florida Statutes (2004): In proceedings
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018
...the consent by the mother. [[Image here]] (b) If the mother identifies a potential unmarried biological father within the timeframes required by the státute, whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s.
63.088., §
63.062(3), (3)(b), Fla....
...r signs the consent for adoption. Id. at §§
63.064(1) (governing actions required of an unmarried biological father to establish parental rights);
63.062(3) (concerning mother’s identification of knQwn and beatable unmarried biological fathers);
63.088(1), (4) (governing notice to unmarried biological father and inquiry by the court)....
...’- The trial court’s sua sponte questioning of the birth mother five months after she had consented to termination of parental rights and to the baby’s adoption, and had sworn at least twice that the birth father-was unknown, was a violation of the mother’s privacy rights under Chapter 63 of the Florida Statutes. See § 63.088(4), Fla....
CopyPublished | Supreme Court of Florida
...for Trial).
-2-
Last, we create new form 12.913(a)(3) (Notice of Action for Termination of
Parental Rights and Stepparent Adoption). This form should be used to obtain
constructive service, as required by section 63.088(6), Florida Statutes (2017), in
conjunction with form 12.981(b)(1) (Joint Petition for Adoption by Stepparent).
The amended forms and new form 12.913(a)(3) are hereby adopted as set
forth in the appendix to this opinion, fully engrossed....
CopyPublished | Supreme Court of Florida
...for Trial).
-2-
Last, we create new form 12.913(a)(3) (Notice of Action for Termination of
Parental Rights and Stepparent Adoption). This form should be used to obtain
constructive service, as required by section 63.088(6), Florida Statutes (2017), in
conjunction with form 12.981(b)(1) (Joint Petition for Adoption by Stepparent).
The amended forms and new form 12.913(a)(3) are hereby adopted as set
forth in the appendix to this opinion, fully engrossed....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100
...n intermediary, attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section
63.097 or
63.212(5), Florida Statutes; (E) an affidavit of diligent search and inquiry is filed in lieu of personal service under section
63.088(4), Florida Statutes; or (F) the court is otherwise aware that any person having standing objects to the termination of parental rights pending adoption....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753
...intermediary, attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under sections
63.097 or
63.212(5), Florida Statutes; (E) an affidavit of diligent search and inquiry is filed in lieu of personal service under section
63.088(4), Florida Statutes; or (F) the court is otherwise aware that any person having standing objects to the termination of parental rights pending adoption....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 5743
...on to terminate their parental rights. Because, in each case, the identity of the fathers is unknown, constructive notice is required under the challenged statutory provisions. Appellants moved for declaratory relief, challenging sections
63.087 and
63.088(5) as violative of their right to privacy guaranteed under the Fourteenth Amendment of the United States Constitution and Article I, § 23 of the Florida Constitution....
...he county and state in which that city is located, of: a. The minor’s mother; *1062 b. Any man who the mother reasonably believes may be the minor’s father .... §
68.087(6)01-3, Fla. Stat. (2002). Notice and service requirements are governed by section
63.088, Florida Statutes. Appellants challenge only subsection (5) of section
63.088, which states: (5) LOCATION UNKNOWN OR IDENTITY UNKNOWN....
...uding the county and state in which the city is located, in which conception may have occurred. If any of the facts that must be included in the notice under this subsection are unknown and cannot be reasonably ascertained, the notice must so state. § 63.088(5), Fla....
...In deciding whether this constitutional right is impacted, the courts consider both the individual’s subjective expectation and the values of privacy that our society seeks to foster. Jackson v. State,
833 So.2d 243 (Fla. 4th DCA 2002). The concern as to sections
63.087 and
63.088(5) is that the offending provisions substantially interfere with both a woman’s independence in choosing adoption as an alternative and with the right not to disclose the intimate personal information that is required when the father is unknown....
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 1917260
...on to terminate their parental rights. Because, in each case, the identity of the fathers is unknown, constructive notice is required under the challenged statutory provisions. Appellants moved for declaratory relief, challenging sections
63.087 and
63.088(5) as violative of their right to privacy guaranteed under the Fourteenth Amendment of the United States Constitution and Article I, § 23 of the Florida Constitution....
...g the county and state in which that city is located, of: a. The minor's mother; *1062 b. Any man who the mother reasonably believes may be the minor's father.... §
63.087(6)(f)1-3, Fla. Stat. (2002). Notice and service requirements are governed by section
63.088, Florida Statutes. Appellants challenge only subsection (5) of section
63.088, which states: (5) LOCATION UNKNOWN OR IDENTITY UNKNOWN....
...uding the county and state in which the city is located, in which conception may have occurred. If any of the facts that must be included in the notice under this subsection are unknown and cannot be reasonably ascertained, the notice must so state. § 63.088(5), Fla....
...In deciding whether this constitutional right is impacted, the courts consider both the individual's subjective expectation and the values of privacy that our society seeks to foster. Jackson v. State,
833 So.2d 243 (Fla. 4th DCA 2002). The concern as to sections
63.087 and
63.088(5) is that the offending provisions substantially interfere with both a woman's independence in choosing adoption as an alternative and with the right not to disclose the intimate personal information that is required when the father is unknown....
