The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.097

63.097 Fees.—

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

(a) Foster care expenses;

(b) Preplacement and postplacement social services; and

(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) Approval of the court is not required until the total of amounts permitted under subsection (2) exceeds:

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

(b) $800 in court costs; or

(4) Any fees, costs, or expenses not included in subsection (2) or prohibited under subsection (5) require court approval prior to 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 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.

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.

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 from cite.case.law:

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- REGULAR- CYCLE REPORT, 227 So. 3d 115 (Fla. 2017)

. . . attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 . . .

HOME AT LAST AGENCY, INC. v. J. L. C. W R. C. C. W,, 98 So. 3d 699 (Fla. Dist. Ct. App. 2012)

. . . Stat. 63.097(1)),” which was signed by an employee of the Department of Children and Families (DCF) and . . . Appellees clearly alleged in the Amended Motion that the fees approved by DCF under section 63.097(1) . . . Section 63.097, Florida Statutes (2011), sets forth the fees permitted in an adoption proceeding and, . . . The fees at issue here are agency fees that fall under section 63.097(1). . . . Given the agreement of both parties and the plain language of section 63.097(1), we conclude that the . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 905 So. 2d 865 (Fla. 2005)

. . . attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 853 So. 2d 303 (Fla. 2003)

. . . attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under sections 63.097 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 833 So. 2d 682 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). . . . attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under sections 63.097 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 824 So. 2d 95 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). . . . attorney, or agency is seeking feeser, costs, or other expenses in excess of those provided under sections 63.097 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . intermediary, attorney, or agency is seeking fees or costs- in excess of those provided under sections 63.097 . . .

J. BARNBY, v. AN ADOPTION,, 640 So. 2d 1244 (Fla. Dist. Ct. App. 1994)

. . . See § 63.097, .212(4), Fla.Stat. (Supp.1992). We reverse. . . . As provided by section 63.097, Florida Statutes (1992), any fee over $1,000 that is paid to an intermediary . . .

In M. BROD, v. MATTER OF AN ADOPTION,, 522 So. 2d 973 (Fla. Dist. Ct. App. 1988)

. . . The trial judge issued the order in reliance on the language of sections 63.097 and 63.212(4), Florida . . . Section 63.097 provided that “[a]ny fee, including those costs as set out in § 63.212(l)(d), over $500 . . . Section 63.097, while entitled, “Approval of fees to intermediaries,” is not only confusing but misleading . . . Because sections 63.097 and 63.212(4) require prior court approval, the payment of living expenses by . . . The 1987 legislature amended those sections to provide: 63.097 Approval of fees to intermediaries. . . .

In ADOPTION OF K. C. McG., 493 So. 2d 1139 (Fla. Dist. Ct. App. 1986)

. . . based on the record, that the trial court abused its discretion when it limited fees under section 63.097 . . .