HB 0983 2003
   
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20    119.15, Florida Statutes, and shall stand repealed on October 2,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.