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| 1 | A bill to be entitled | ||
| 2 | An act relating to public records; providing an exemption | ||
| 3 | from public records requirements for information contained | ||
| 4 | in the paternity registry maintained by the Department of | ||
| 5 | Children and Family Services; providing for future review | ||
| 6 | and repeal of the exemption; providing a finding of public | ||
| 7 | necessity; providing a contingent effective date. | ||
| 8 | |||
| 9 | Be It Enacted by the Legislature of the State of Florida: | ||
| 10 | |||
| 11 | Section 1. All information contained in the paternity | ||
| 12 | registry created by s. 63.165, Florida Statutes, is exempt from | ||
| 13 | public disclosure pursuant to s. 119.07(1), Florida Statutes, | ||
| 14 | and s. 24(a), Art. I of the State Constitution, except that | ||
| 15 | certificates attesting to the results of a search of the | ||
| 16 | paternity registry pursuant to s. 63.165(2)(f), Florida | ||
| 17 | Statutes, may be disclosed as provided in s. 63.165(2)(f), | ||
| 18 | Florida Statutes. This section is subject to the Open | ||
| 19 | Government Sunset Review Act of 1995 in accordance with s. | ||
| 20 | 119.15, Florida Statutes, and shall stand repealed on October 2, | ||
| 21 | 2008, unless reviewed and saved from repeal through reenactment | ||
| 22 | by the Legislature. | ||
| 23 | Section 2. The Legislature finds that it is a public | ||
| 24 | necessity to exempt from disclosure pursuant to s. 119.07(1), | ||
| 25 | Florida Statutes, and s. 24(a), Art. I of the State Constitution | ||
| 26 | all information contained in the paternity registry created by | ||
| 27 | s. 63.165, Florida Statutes. The Legislature finds that it is | ||
| 28 | good public policy to encourage putative fathers to grasp both | ||
| 29 | the responsibility and the opportunity to be made legally aware | ||
| 30 | of petitions and hearings to terminate their parental rights | ||
| 31 | pending an adoption. The Legislature also finds that by | ||
| 32 | providing legal notice to putative fathers, adoptions will be | ||
| 33 | less likely to be legally disrupted. The Legislature further | ||
| 34 | finds that the information required by the paternity registry | ||
| 35 | reveals the existence of intimate sexual relations. Disclosure | ||
| 36 | of this information would likely have a negative effect on the | ||
| 37 | likelihood that putative fathers will register. Therefore, the | ||
| 38 | Legislature finds that any benefit that could occur from public | ||
| 39 | disclosure of the information in the paternity registry is | ||
| 40 | outweighed by the necessity to ensure the due process rights of | ||
| 41 | putative fathers. | ||
| 42 | Section 3. This act shall take effect on the same date | ||
| 43 | that HB 835 or similar legislation takes effect if such | ||
| 44 | legislation is adopted in the same legislative session or an | ||
| 45 | extension thereof and becomes law. | ||