(a) To place or attempt to place a minor for adoption with a person who primarily lives and works outside this state unless all of the requirements of the Interstate Compact for the Placement of Children, when applicable, have been met.
(b) Except an adoption entity, to place or attempt to place within the state a minor for adoption unless the minor is placed with a relative or with a stepparent. This prohibition, however, does not apply to a person who is placing or attempting to place a minor for the purpose of adoption with the adoption entity.
(c) To sell or surrender, or to arrange for the sale or surrender of, a child to another person for money or anything of value or to receive such child for such payment or thing of value. If a child 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 after the birth of the child.
(d) Having the rights and duties of a parent with respect to the care and custody of a minor to assign or transfer such parental rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties.
(e) To assist in the commission of any act prohibited in paragraphs (a)-(d). In the case of a stepparent adoption, this paragraph does not preclude the forgiveness of vested child support arrearages owed by a parent.
(f) Except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption.
(g) Except an adoption entity, to place an advertisement or offer to the public, in any way, by any medium whatever that a minor is available for adoption or that a minor is sought for adoption; and, further, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in any publication or fail to include in the broadcast for such advertisement the Florida license number of the adoption entity or The Florida Bar number of the attorney placing the advertisement. This prohibition applies, but is not limited, to a paid advertisement, an article, a notice, or any other paid communication published in any newspaper or magazine, or on the Internet, on a billboard, over radio or television, or other similar media.
1. Only a person who is an attorney licensed to practice law in this state or an adoption entity licensed under the laws of this state may place an advertisement in this state that:
a. A child is offered or wanted for adoption; or
b. The person is able to place, locate, or receive a child for adoption.
2. A person who publishes a telephone directory, newspaper, magazine, billboard, or any other written advertisement that is distributed in this state must include a statement that only attorneys licensed to practice law in this state and adoption entities licensed under the laws of this state may legally provide adoption services under state law.
3. A person who places an advertisement must include the following information:
a. For an attorney licensed to practice law in this state, the person’s Florida Bar number.
b. For a child-placing agency licensed under the laws of this state, the number on the person’s adoption entity license.
(h) To contract for the purchase, sale, or transfer of custody or parental rights in connection with any child, in connection with any fetus yet unborn, or in connection with any fetus identified in any way but not yet conceived, in return for any valuable consideration. Any such contract is void and unenforceable as against the public policy of this state. However, fees, costs, and other incidental payments made in accordance with statutory provisions for adoption, foster care, and child welfare are permitted, and a person may agree to pay expenses in connection with a preplanned adoption agreement as specified in s. 63.213, but the payment of such expenses may not be conditioned upon the transfer of parental rights. Each petition for adoption which is filed in connection with a preplanned adoption agreement must clearly identify the adoption as a preplanned adoption arrangement and must include a copy of the preplanned adoption agreement for review by the court.
(2) Any person who is a birth mother, or a woman who holds herself out to be a birth mother, who is interested in making an adoption plan and who knowingly or intentionally benefits from the payment of adoption-related expenses in connection with that adoption plan commits adoption deception if:
(a) The person knows or should have known that the person is not pregnant at the time the sums were requested or received;
(b) The person accepts living expenses assistance from a prospective adoptive parent or adoption entity without disclosing that she is receiving living expenses assistance from another prospective adoptive parent or adoption entity at the same time in an effort to adopt the same child; or
(c) The person knowingly makes false representations to induce the payment of living expenses and does not intend to make an adoptive placement.
Any person who willfully commits adoption deception commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the sums received by the birth mother or woman holding herself out to be a birth mother do not exceed $300, and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the sums received by the birth mother or woman holding herself out to be a birth mother exceed $300. In addition, the person is liable for damages caused by such acts or omissions, including reasonable attorney fees and costs incurred by the adoption entity or the prospective adoptive parent. Damages may be awarded through restitution in any related criminal prosecution or by filing a separate civil action.
(3) This section does not prohibit an adoption entity from charging fees permitted under this chapter and reasonably commensurate to the services provided.
(4) It is unlawful for any adoption entity to fail to report to the court, within a reasonable time period, the intended placement of a minor for purposes of adoption with any person not a stepparent or a relative, if the adoption entity participates in such intended placement.
(5) It is unlawful for any adoption entity to charge any fee except those fees permitted under s. 63.097 and approved under s. 63.102.
(6) It is unlawful for any adoption entity to counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child be placed for adoption outside the state.
(7) It is unlawful for any adoption entity to obtain a preliminary home study or final home investigation and fail to disclose the existence of the study or investigation to the court when required by law to do so.
(8) Unless otherwise indicated, a person who willfully and with criminal intent violates any provision of this section, excluding paragraph (1)(g), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who willfully and with criminal intent violates paragraph (1)(g) commits a misdemeanor of the second degree, punishable as provided in s. 775.083; and each day of continuing violation shall be considered a separate offense.
Cited 83 times | Published | Supreme Court of Florida | 1995 WL 424169
...So.2d at 745. [26] Expecting mothers, of course, even in the clearest of situations, and where they give express, written consent to give up their unborn child, still have a statutory grace period after the child is born, to change their minds. See § 63.212(1)(i)2.a., Fla....
...t which would be expected of an attorney who is merely representing one party in an adoption proceeding. See, e.g., § 63.085, Fla. Stat. (1987) (providing detailed rules for the disclosure of information by intermediaries handling an adoption); id. § 63.212(3) (making it unlawful for an intermediary to fail to file the requisite reports); id. § 63.212(4) (making it unlawful *189 for an intermediary to charge a fee in excess of $1,000)....
Cited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 627459
...[5] Further, the agreement entered into by the parents, i.e., for the father to give up his parental rights to the child in exchange for the sum of $500 per month (which amounts to $108,000 during the period of Michael's minority), smacks of a violation of section 63.212(1)(i) and may be void under Florida law....
Cited 7 times | Published | Florida 4th District Court of Appeal | 2005 WL 2292311
...Here, because there was no adoption entity involved in the placement and supervision of the child, many of the duties required of an adoption entity were not performed. The mother asserts that neither she nor the prospective adoptive parents should be permitted to waive these statutory requirements. Section 63.212(1)(b), Florida Statutes (2004), provides that it is unlawful for any person "[e]xcept an adoption entity, to place or attempt to place within the state a minor for adoption unless the minor is placed with a relative or with a stepparent." If done with criminal intent, this is a third degree felony. See § 63.212(8), Fla....
Cited 4 times | Published | District Court, S.D. Florida | 1997 WL 144966
...The vast majority of Americans never purchase sex. The right asserted in this case is more analogous to the fundamental rights to marry and raise children; one could hardly imagine a penal law prohibiting the purchase of a spouse or child being declared unconstitutional. See Fla.Stat. § 63.212 (1995) (prohibiting sale of child)....
...[11] Petitioner argues that there is no precedent for criminalizing a legal act merely because it is performed for consideration. Respondent, however, has pointed to twothe sale of children and the sale of organs. Respondent's Memorandum at 26, citing Fla.Stat. §§ 873.01 and 63.212....
Cited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2154
...Solomon, Hallandale, for appellant. Jim Smith, Atty. Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee. Before HENDRY, NESBITT and BASKIN, JJ. PER CURIAM. Appellant Theodore Trushin appeals his conviction of unlawful placement for adoption pursuant to section 63.212(1)(a), (d), Florida Statutes (1979)....
...Trushin was charged in a four count information with unlawful placement for adoption; arranging the surrender of a child for money; failure to file a report of placement; and charging an excessive fee by an intermediary, in violation, respectively, of section 63.212(1)(a), (d); 63.212(1)(b), (d); [1] 63.212(3); and 63.212(4), Florida Statutes (1979). Mr. Trushin pled not guilty and moved to dismiss the information on the ground that section 63.212 was unconstitutional....
...The nolo plea was entered with Mr. Trushin reserving his right to appeal the denial of his motion to dismiss. The trial court found Mr. Trushin guilty, withheld adjudication and sentenced him to two years probation. Mr. Trushin raises two issues on appeal. First, he contends that section 63.212(1)(a) is unconstitutional as applied. Section 63.212(1)(a), Florida Statutes (1979) provides "[i]t is unlawful for any person: (a) ......
...Trushin contends that he acted only as an arranger of the adoption and that the statute may be constitutionally applied only to the person who handles the legalities relative to the adoption; that person, he *1292 contends, is the Mexican attorney. We disagree. For the state to establish a violation of section 63.212(1)(a), it need only show that Mr....
...State, 447 So.2d 1351 (Fla. 1984); Citizens of Florida v. Public Service Commission, 425 So.2d 534 (Fla. 1982); Carson v. Miller, 370 So.2d 10 (Fla. 1979); State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), pet. for rev. denied, 456 So.2d 1182 (Fla. 1984). We find that section 63.212(1)(a) is constitutional as applied to Mr. Trushin. Mr. Trushin secondly contends that section 63.212(1)(a), Florida Statutes (1979) is unconstitutionally vague on its face....
...e physical transfer of a child as well. This argument fails to recognize that the definition of "to place" found at section 63.022(9) does not contain any language limiting its coverage to only court or legal proceedings. When sections 63.022(9) and 63.212(1)(a) are read together, they plainly prohibit the giving of custody of a child to another when an out of state adoption is contemplated....
...Here, because there was no adoption entity involved in the placement and supervision of the child, many of the duties required of an adoption entity were not performed. The mother asserts that neither she nor the prospective adoptive parents should be permitted to waive these statutory requirements. Section 63.212(l)(b), Florida Statutes (2004), provides that it is unlawful for any person “[ejxcept an adoption entity, to place or attempt to place within the state a minor for adoption unless the minor is placed with a relative or with a stepparent.” If done with criminal intent, this is a third degree felony. See § 63.212(8), Fla....
...Because this court reaches the same conclusion, HRS's claim that Friends may not conduct home studies must be rejected. FEES FOR HOME STUDIES. HRS next argues that if Friends can conduct home studies it cannot charge a fee for conducting such studies. In support of this argument, HRS relies on Fla.Stat. § 63.212(1)(g) which provides: It is unlawful for any person: .......
...HRS first argues that payment of expenses is a placement activity prohibited by Section 63.202(2). Because the court has already rejected the department's broad interpretation of placement, this argument is also rejected. HRS also argues that the payments are prohibited by Section 63.212(1)(d), which makes it a felony to arrange for the sale or surrender of a child to another person for anything of value....
...g the actual prenatal care and living expenses of the mother of the child to be adopted, nor from paying the actual living and medical expenses of such mother for a reasonable time, not to exceed 30 days after the birth of the child. *1229 Fla.Stat. 63.212(1)(d)....
...ida residents may take a child and travel to Georgia to place the child for adoption with the defendant. 2. Plaintiff State of Florida, Department of Health and Rehabilitative Services, is entitled to declaratory judgment as follows: Florida Statute Section 63.212(1)(d) prohibits the defendant from advancing medical expenses to expectant mothers in Florida....
Published | Florida 2nd District Court of Appeal | 1988 WL 24162
...4.67 that the parents had deposited with appellant and had been paid by appellant for the mother's living expenses. It further ordered the adoption held in abeyance. The trial judge issued the order in reliance on the language of sections 63.097 and 63.212(4), Florida Statutes (1985) [1] . *976 Section 63.097 provided that "[a]ny fee, including those costs as set out in § 63.212(1)(d), over $500 paid to an intermediary other than actual, documented medical costs, court costs, and hospital costs must be approved by the court prior to payment to the intermediary." In addition, section 63.212(4) provided that "[i]t is unlawful for any intermediary to charge any fee, including those costs as set out in paragraph (1)(d), over $500 other than for actual documented medical costs, court costs, and hospital costs unless such char...
...Chapter 63 allows any Attorney licensed in Florida to place a child for adoption, i.e., to act as a intermediary. The Chapter does not address whether such an attorney can also act as a trust agent. It is to be noted, as HRS points out, that while section 63.212(1)(d) allows payment by the adoptive parents of the actual prenatal care and living expenses, both prenatal and postnatal for thirty days, both sections 63.097 and 63.212(4) pertaining to intermediaries are silent as to living expenses....
...the Court and the Department. However, beyond noting the questionable reasonableness of these expenditures, no conclusive decision or ruling has been made. To fully understand the problem faced by the trial judge in interpreting sections 63.097 and 63.212(4), it is helpful to analyze all of the pertinent sections of chapter 63 in sequence....
...erson for adoption. Section 63.097, while entitled, "Approval of fees to intermediaries," is not only confusing but misleading because by its provisions it purports to restrict payments other than "fees:" Any fee, including those costs as set out in § 63.212(1)(d), over $500 paid to an intermediary other than actual, documented medical costs, court costs, and hospital costs must be approved by the court prior to payment to the intermediary. Because section 63.097 allows other actual documented medical, hospital and court costs to be paid without prior court approval but makes no reference to living expenses for the mother, which are allowed by section 63.212(1)(d), an apparent hiatus exists as to those expenses. Those types of expenses would normally occur only when the adoption is of an unborn child. Because sections 63.097 and 63.212(4) require prior court approval, the payment of living expenses by an intermediary becomes nothing short of impossible if the statutes are interpreted literally....
...*978 Thus, it appears that section 63.132 contemplates adoptive parents and an intermediary, at least at times, reaching an agreement as to and/or paying professional fees. That section also contemplates payment of living expenses of the natural mother. It is section 63.212, however, that applies the coup de grace to any semblance of coherence regarding the proper activities of an intermediary on behalf of adoptive parents in regard to payment of the natural mother's expenses. First, 63.212(1)(c) recognizes and legitimizes the role of an intermediary in the placement of a child for adoption when it provides that "[i]t is unlawful for any person:" (c) Except the Department of Health and Rehabilitative Services, an agency, or an in...
...(Emphasis supplied.) To comprehend the clear import of that approval of the role of an intermediary, we must refer back to the definition of "placement" as the process of arranging for the giving or transferring of the possession or custody of a child. Section 63.212(1)(d) then makes it unlawful: (d) To sell or surrender, or to arrange for the sale or surrender of, a child to another person for money or anything of value to receive such minor child for such payment or thing of value....
...n shall be construed as prohibiting the person who is contemplating adopting the child from paying the actual living and medical expenses of such mother for a reasonable time, not to exceed 30 days, after the birth of the child. (Emphasis supplied.) Section 63.212(4) then provides: (4) It is unlawful for any intermediary to charge any fee, including those costs as set out in paragraph (1)(d), over $500 other than for actual documented medical costs, court costs, and hospital costs unless such charges are approved by the court prior to payment to the intermediary....
...Reversed and remanded. THREADGILL and PARKER, JJ., concur. NOTES [1] The 1987 legislature amended those sections to provide: 63.097 Approval of fees to intermediaries. Any fee, including intermediary or attorney fees over $1,000 and those costs as set out in § 63.212(1)(d) over $1,500, paid to an intermediary other than actual, documented medical costs, court costs, and hospital costs must be approved by the court prior to assessment of the fee by the intermediary and upon a showing of justification for the larger fee. Section 63.212(4) now provides: It is unlawful for any intermediary to charge any fee, including intermediary or attorney fees over $1,000 and those costs as set out in paragraph (1)(d) over $1,500, other than for actual documented medical costs, cou...
...The vast majority of Americans never purchase sex. The right asserted in this case is more analogous to the fundamental rights to marry and raise children; one could hardly imagine a penal law prohibiting the purchase of a spouse or child being declared unconstitutional. See Fla.Stat. § 63.212 (1995) (prohibiting sale of child), ....
...Petitioner argues that there is no precedent for criminalizing a legal act merely because it is performed for consideration. Respondent, however, has pointed to two — the sale of children and the sale of organs. Respondent’s Memorandum at 26, citing Fla.Stat. §§ 873.01 and 63.212....
...da Statutes (1984); that National and Gittelman are not a licensed child-placing agency or intermediary as defined in section 63.032(7) and (8), Florida Statutes (1984); and that National and Gitelman operate an unlawful referral service pursuant to section 63.212(l)(g), Florida Statutes (1984)....
...nd relevant information regarding the natural expectant mother. This activity is alleged to be a referral contrary to section 63.-212(l)(g). National is charged in Count II with operating as a child-placing agency in violation of sections 63.207 and 63.212(1), Florida Statutes (1984), Count III simply sets forth Rule 1.610(b), Florida Rules of Civil Procedure, regarding temporary restraining orders....
...3d DCA 1980), where the court upheld an injunction sought by HRS against an adoption agency, lends no authority for the proposition that HRS has standing in the present case since the issue of standing was not raised in that case. The only other provisions for enforcement of Chapter 63 are contained in section 63.212, Florida Statutes (1984), which makes violations of certain provisions of the chapter a felony of the third degree....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
