HB 0983 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to public records; providing an exemption
13	from public records requirements for information contained
14	in the Florida Putative Father Registry maintained by the
15	Office of Vital Statistics within the Department of
16	Health; providing for future legislative review and
17	repeal; providing a finding of public necessity; providing
18	a contingent effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. All information contained in the putative
23	father registry created under s. 63.054, Florida Statutes, and
24	maintained by the Office of Vital Statistics within the
25	Department of Health is confidential and exempt from public
26	disclosure pursuant to s. 119.07(1), Florida Statutes, and s.
27	24(a), Art. I of the State Constitution, except as expressly
28	provided in s. 63.054(13), Florida Statutes. This section is
29	subject to the Open Government Sunset Review Act of 1995 in
30	accordance with s. 119.15, Florida Statutes, and shall stand
31	repealed on October 2, 2008, unless reviewed and saved from
32	repeal through reenactment by the Legislature.
33	Section 2. The Legislature finds that there is a public
34	necessity to exempt from public disclosure all information
35	contained in the Florida Putative Father Registry maintained by
36	the Office of Vital Statistics within the Department of Health.
37	The Legislature finds that it is good public policy to provide
38	safeguards to protect and promote the well-being of persons
39	being adopted and their birth parents and adoptive parents. In
40	order to ensure that a child is legally free for adoption, the
41	Legislature finds that any existing parental rights must be
42	terminated in accordance with due process as protected under
43	federal and state law. The Legislature finds that protecting the
44	confidentiality and preventing the disclosure of the information
45	contained in the Florida Putative Father Registry will encourage
46	putative fathers who wish to claim paternity and assert parental
47	rights to register in order to preserve their right to receive
48	notice of and give consent to an adoption. The Legislature also
49	finds that the confidentiality and exemption from public
50	disclosure provided by this act will prevent unnecessary and
51	unwarranted intrusion into the right of privacy of personal and
52	sensitive information, including the existence of intimate
53	sexual relations. Disclosure of information in the registry may
54	also deter the collection of information integral to the best
55	interests of a child who is or may become the subject of a
56	proceeding for the termination of parental rights pending
57	adoption or other relevant proceeding. Therefore, the
58	Legislature finds that any benefit that could occur from public
59	disclosure of the information in the registry is outweighed by
60	the necessity to ensure the due process rights of putative
61	fathers and to prevent unwarranted intrusion into the privacy of
62	the individuals involved.
63	Section 3. This act shall take effect on the same date
64	that HB 835 or similar legislation takes effect if such
65	legislation is adopted in the same legislative session or an
66	extension thereof and becomes law.