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TALLAHASSEE, Fla. (CBSMiami/AP) — The Florida Senate gave a tentative approval to a bill that would give incentives to adopt children in state care as well as repeal a nearly 40-year-old ban on gay adoption.

That legislation (HB 7013) would strip language from state law that allows the ban. The law was found unconstitutional in 2010 but some legislators opposed removing it from law.

Sen. Kelli Stargel, a Lakeland Republican, tried unsuccessfully to keep the ban intact. She said she was concerned that faith-based adoption agencies will leave the state if the law is changed.

But Sen. Don Gaetz, a Niceville Republican and bill sponsor, called the ban “meaningless.”

The Florida House already voted to end the ban.

But the House is also moving a separate controversial bill that would let private agencies cite religious or moral grounds to turn away gay couples seeking to adopt children.

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