Florida Statute 63.097 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

View Entire Chapter

F.S. 63.097

63.097 Fees.—

(1) When the adoption entity is an agency, fees may be assessed if such fees are approved by the department within the process of licensing the agency and if such fees are for:

(a) Foster care expenses.

(b) Preplacement and postplacement social services.

(2) The following fees, costs, and expenses may be assessed by the adoption entity or paid by the adoption entity on behalf of the prospective adoptive parents:

(a) Reasonable living expenses of the birth mother which the birth mother is unable to pay due to unemployment, underemployment, or disability. Reasonable living expenses are rent, utilities, basic telephone service, food, toiletries, necessary clothing, transportation, insurance, and expenses found by the court to be necessary for the health and well-being of the birth mother and the unborn child. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum.

(b) Reasonable and necessary medical expenses. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum.

(c) Expenses necessary to comply with the requirements of this chapter, including, but not limited to, service of process under s. 63.088, investigator fees, a diligent search under s. 63.088, a preliminary home study under s. 63.092, and a final home investigation under s. 63.125.

(d) Court filing expenses, court costs, and other litigation expenses and birth certificate and medical record expenses.

(e) Costs associated with advertising under s. 63.212(1)(g).

(f) The following professional fees:

1. A reasonable hourly fee or flat fee necessary to provide legal representation to the adoptive parents or adoption entity in a proceeding filed under this chapter.

2. A reasonable hourly fee or flat fee for contact with the parent related to the adoption. In determining a reasonable hourly fee under this subparagraph, the court must consider if the tasks done were clerical or of such a nature that the matter could have been handled by support staff at a lesser rate than the rate for legal representation charged under subparagraph 1. Such tasks include, but need not be limited to, transportation, transmitting funds, arranging appointments, and securing accommodations.

3. A reasonable hourly fee for counseling services provided to a parent or a prospective adoptive parent by a psychologist licensed under chapter 490 or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491, or a counselor who is employed by an adoption entity accredited by the Council on Accreditation of Services for Children and Families to provide pregnancy counseling and supportive services.

(3) The court must issue an order pursuant to s. 63.132(3) if the total of amounts permitted under subsection (2) exceeds:

(a) $5,000 in legal or other professional fees;

(b) $800 in court costs; or

(4) Any fees, costs, or expenses not included in subsection (2) require court approval and entry of an order pursuant to s. 63.132(3) before payment and must be based on a finding of extraordinary circumstances.

(5) The following fees, costs, and expenses are prohibited:

(a) Any fee or expense that constitutes payment for locating a minor for adoption.

(b) Any payment which is not itemized and documented on the affidavit filed under s. 63.132.

(c) Any fee on the affidavit which is not a fee of the adoption entity; is not supported by a receipt; does not specify the service that was provided and for which the fee is being charged, such as a fee for facilitation, acquisition, or other similar service; or which does not identify the date the service was provided, the time required to provide the service, the person or entity providing the service, and the hourly fee charged.

(6) Unless otherwise indicated in this section, when an adoption entity uses the services of a licensed child-placing agency, a professional, any other person or agency pursuant to s. 63.092, or, if necessary, the department, the person seeking to adopt the child must pay the licensed child-placing agency, professional, other person or agency, or the department an amount equal to the cost of all services performed, including, but not limited to, the cost of conducting the preliminary home study, counseling, and the final home investigation.

(7) Beginning January 1, 2025, an adoption entity shall report quarterly to the department information related to the age, race, ethnicity, sex, and county of birth of the adopted child and the county of residence of the adoptive family for each finalized adoption. The adoption entity shall also report for each finalized adoption the fees, costs, and expenses that were assessed by the adoption entity or paid by the adoption entity on behalf of the prospective adoptive parents, itemized by the categories enumerated in subsection (2), and any fees, costs, and expenses approved by the court under subsection (4). The confidentiality provisions of this chapter do not apply to the fees, costs, and expenses assessed or paid in connection with an adoption. In reporting the information required by this subsection to the department, the adoption entity shall redact any confidential identifying information concerning the child, the child’s biological parents, and the child’s adoptive parents. The department shall report quarterly on its website information for each adoption entity, including the actual fees, costs, and expenses of finalized adoptions. The department shall adopt rules to implement this subsection.

History.—s. 6, ch. 75-226; s. 1, ch. 77-174; s. 6, ch. 78-190; s. 2, ch. 84-101; s. 4, ch. 87-397; s. 1, ch. 90-55; s. 10, ch. 92-96; s. 20, ch. 2001-3; s. 21, ch. 2003-58; s. 11, ch. 2024-177.

F.S. 63.097 on Google Scholar

F.S. 63.097 on Casetext

Amendments to 63.097

Arrestable Offenses / Crimes under Fla. Stat. 63.097

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.097.

Annotations, Discussions, Cases:

Cases Citing Statute 63.097

Total Results: 19

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT

Court: Fla. | Date Filed: 2017-10-05T00:00:00-07:00

Citation: 227 So. 3d 115

Snippet: expenses in excess of those provided under section 63.097 or 63.212(5), Florida Statutes; • (E) an affidavit

Home At Last Agency, Inc. v. J.L.C.-W

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 98 So. 3d 699

Snippet: That Do Not Require Court Approval (Fla. Stat. 63.097(1)),” which was signed by an employee of the Department…Motion that the fees approved by DCF under section 63.097(1) do not require court approval, the fees were… was excessive. We conclude it was not. Section 63.097, Florida Statutes (2011), sets forth the fees permitted…issue here are agency fees that fall under section 63.097(1). We see nothing in the provisions of that section…Moreover, we see nothing in the provisions of section 63.097, or any other, that allows the lower court to withhold

In re Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2005-06-02T00:00:00-07:00

Citation: 905 So. 2d 865

Snippet: expenses in excess of those provided under section 63.097 or 63.212(5), Florida Statutes; (E) an affidavit

Amend. to Rules of App. Proc., Civ. Proc.

Court: Fla. | Date Filed: 2004-09-30T00:53:00-07:00

Citation: 887 So. 2d 1090

Snippet: expenses in excess of those provided under section 63.097 or 63.212(5), Florida Statutes; (E) an affidavit

Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2003-07-10T00:00:00-07:00

Citation: 853 So. 2d 303

Snippet: expenses in excess of those provided under sections 63.097 or 63.212(5), Florida Statutes; (E) an affidavit

Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2002-10-03T00:00:00-07:00

Citation: 833 So. 2d 682

Snippet: Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). The amendments…expenses in excess of those provided under sections 63.097 or 63.212(5), Florida Statutes; (E) an affidavit

Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2002-05-30T00:00:00-07:00

Citation: 824 So. 2d 95

Snippet: Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). The Rules Committee…expenses in excess of those provided under sections 63.097 or 63.212(45), Florida Statutes; (DE) an affidavit

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: costs in excess of those provided under sections 63.097 or 63.212(4), Florida Statutes; *12 (D) an affidavit

Barnby v. An Adoption

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-12T00:00:00-07:00

Citation: 640 So. 2d 1244

Snippet: below. See § 63.097, .212(4), Fla.Stat. (Supp.1992).1 We reverse. As provided by section 63.097, Florida

In Re Adoption of a Minor Child

Court: Fla. | Date Filed: 1991-12-12T00:00:00-08:00

Citation: 593 So. 2d 185

Snippet: provisions of the statute.[8] For instance, section 63.097, Florida Statutes (1987), regarding approval of

Brod v. Matter of an Adoption

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-22T23:53:00-08:00

Citation: 522 So. 2d 973

Snippet: language of sections 63.097 and 63.212(4), Florida Statutes (1985)[1]. *976 Section 63.097 provided that "…prenatal and postnatal for thirty days, both sections 63.097 and 63.212(4) pertaining to intermediaries are …faced by the trial judge in interpreting sections 63.097 and 63.212(4), it is helpful to analyze all of … person to another person for adoption. Section 63.097, while entitled, "Approval of fees to intermediaries…to payment to the intermediary. Because section 63.097 allows other actual documented medical, hospital

In re Adoption of K.C. McG.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-17T00:00:00-07:00

Citation: 493 So. 2d 1139

Snippet: its discretion when it limited fees under section 63.097, Florida Statutes (1984), to no more than $500,

Maura v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-19T00:00:00-08:00

Citation: 469 So. 2d 150

Snippet: the holding of Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). Furthermore,

Kenny v. Ambulatory Center of Miami, Fla., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-07-28T00:53:00-07:00

Citation: 400 So. 2d 1262

Snippet: Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977). We therefore…Trans World Airlines, Inc. v. Hardison [432 U.S. 63], 97 S.Ct. 2264 [53 L.Ed.2d 113]; 11. The Court in the

Adler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-04-21T23:53:00-08:00

Citation: 382 So. 2d 1298

Snippet: the prosecution. Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). The law favors

Nelson v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 1974-10-15T00:53:00-07:00

Citation: 301 So. 2d 508

Snippet: S.W. 349, 353; Blair v. Ridgely (1867), 41 Mo. 63, 97 Am.Dec. 248. See also 25 Am.Jur.2d, Elections,

Webster v. Kemp

Court: Fla. Dist. Ct. App. | Date Filed: 1964-04-30T00:00:00-07:00

Citation: 163 So. 2d 344

Snippet: 3.16, subd. b, F.A.R., 31 F.S.A.). No. 63-97 District Court of Appeal of Florida fladistctapp

Webster ex rel. Webster v. Kemp ex rel. Kemp

Court: Fla. Dist. Ct. App. | Date Filed: 1963-10-08T00:53:00-07:00

Citation: 156 So. 2d 669

Snippet: No. 63-97 District Court of Appeal of Florida fladistctapp Fla. Dist. Ct. App.

Webster ex rel. Webster v. Kemp ex rel. Kemp

Court: Fla. Dist. Ct. App. | Date Filed: 1963-10-08T00:00:00-07:00

Citation: 156 So. 2d 669

Snippet: Fla.App. 1961, 126 So.2d 163. Affirmed. No. 63-97 District Court of Appeal of Florida fladistctapp