eLaws of Florida

  SECTION 63.132. Affidavit of expenses and receipts.  


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  • 1(1) 2Before the hearing on the petition for adoption, the prospective adoptive parent and any adoption entity must file two copies of an affidavit under this section.
    28(a) 29The 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.
    62(b) 63The 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 parent and any adoption entity in connection with the adoption or in connection with any prior proceeding to terminate parental rights which involved the minor who is the subject of the petition for adoption. The affidavit must also include, for each legal or counseling fee itemized, the service provided for which the 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.
    184(c) 185The affidavit must show any expenses or receipts incurred in connection with:
    1971. 198The birth of the minor.
    2032. 204The placement of the minor with the petitioner.
    2123. 213The medical or hospital care received by the mother or by the minor during the mother’s prenatal care and confinement.
    2334. 234The living expenses of the birth mother. The living expenses must be itemized in detail to apprise the court of the exact expenses incurred.
    2585. 259The services relating to the adoption or to the placement of the minor for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the minor, or any other person.

    295The 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.

    322(2) 323The court may require such additional information as is deemed necessary.
    334(3) 335The 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. 36663.097367. The court may reject in whole or in part any fee, cost, or expenditure listed if the court finds that the expense is:
    391(a) 392Contrary to this chapter;
    396(b) 397Not supported by a receipt in the record, if the expense is not a fee of the adoption entity; or
    417(c) 418Not a reasonable fee or expense, considering the requirements of this chapter and the totality of the circumstances.
    436(4) 437This 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.

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