Affidavit of expenses and receipts.§ 63.132
1 opinion cite § 63.132
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Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004
· cited by 2 in all courts
…Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws related to adoption, including sections 63.053, 63.054, and…
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(1) Before the hearing on the petition for adoption, the prospective adoptive parents and any adoption entity must file an affidavit under this section.
(a) The affidavit must be signed by the adoption entity and the prospective adoptive parents. A copy of the affidavit must be provided to the adoptive parents at the time the affidavit is executed.
(b) The affidavit must itemize all disbursements and receipts of anything of value, including professional and legal fees, made or agreed to be made by or on behalf of the prospective adoptive parents and any adoption entity in connection with the adoption or in connection with any prior proceeding to terminate parental rights which involved the child who is the subject of the petition for adoption. The affidavit must also include, for each hourly legal or counseling fee itemized, the service provided for which the hourly fee is being charged, the date the service was provided, the time required to provide the service if the service was charged by the hour, the person or entity that provided the service, and the hourly fee charged.
(c) The affidavit must show any expenses or receipts incurred in connection with:
1. The birth of the child.
2. The placement of the child with the petitioner.
3. The medical or hospital care received by the mother or by the child during the mother’s prenatal care and confinement.
4. The living expenses of the birth mother. The living expenses must be itemized in detail to apprise the court of the exact expenses incurred.
5. The services relating to the adoption or to the placement of the child for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the child, or any other person.
The affidavit must state whether any of these expenses were paid for by collateral sources, including, but not limited to, health insurance, Medicaid, Medicare, or public assistance.
(2) The court may require such additional information as is deemed necessary.
(3) The court must issue a separate order approving or disapproving the fees, costs, and expenses itemized in the affidavit. The court may approve only fees, costs, and expenditures allowed under s. 63.097. An order approving fees, costs, and expenses that exceed the limits set forth in s. 63.097 must include a written determination of reasonableness. The court may reject in whole or in part any fee, cost, or expenditure listed if the court finds that the expense is any of the following:
(a) Contrary to this chapter.
(b) Not supported by a receipt, if the expense is not a fee of the adoption entity.
(c) Not a reasonable fee or expense, considering the requirements of this chapter and the totality of the circumstances.
(4) This section does not apply to an adoption by a stepparent or an adoption of a relative or adult, the finalization of an adoption of a minor if the parental rights were terminated under chapter 39, or the domestication of an adoption decree of a minor child adopted in a foreign country.
History. s. 13, ch. 73-159; s. 21, ch. 77-147; s. 15, ch. 92-96; s. 8, ch. 2000-151; s. 25, ch. 2001-3; s. 26, ch. 2003-58; s. 18, ch. 2008-151; s. 4, ch. 2023-257; s. 12, ch. 2024-177.