HB 0983 2003
1	CHAMBER ACTION
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6	The Committee on State Administration 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; creating s. 63.0541,
13	F.S.; creating an exemption from public records
14	requirements for information contained in the Florida
15	Putative Father Registry maintained by the Office of Vital
16	Statistics within the Department of Health; providing for
17	exceptions to the exemption; providing that the database
18	is confidential and exempt; providing for future
19	legislative review and repeal; providing a finding of
20	public necessity; providing a contingent effective date.
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22	Be It Enacted by the Legislature of the State of Florida:
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24	Section 1. Section 63.0541, Florida Statutes, is created
25	to read:
26	63.0541 Public records exemption for the Florida Putative
27	Father Registry.--
28	(1) All information contained in the Florida Putative
29	Father Registry maintained by the Office of Vital Statistics
30	within the Department of Health is confidential and exempt from
31	public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I
32	of the State Constitution, except as otherwise provided herein.
33	Information made confidential and exempt by this section shall
34	be disclosed to:
35	(a) An adoption entity, upon the filing of a request for a
36	diligent search of the Florida Putative Father Registry in
37	connection with the planned adoption of a child.
38	(b) The registrant unmarried biological father, upon
39	receipt of a notarized request for a copy of his registry entry
40	only.
41	(c) The court, upon issuance of a court order concerning a
42	petitioner acting pro se in an action under this chapter.
43	(2) Except as set forth in subsection (1), the database
44	comprising the Florida Putative Father Registry shall remain
45	confidential and exempt, and separate from all other databases
46	in this state, including any local or federal database. Such
47	database may not be accessed by any other state or federal
48	agency or entity.
49	Section 2. Section 63.0541, Florida Statutes, is subject
50	to the Open Government Sunset Review Act of 1995 in accordance
51	with s. 119.15, Florida Statutes, and shall stand repealed on
52	October 2, 2008, unless reviewed and saved from repeal through
53	reenactment by the Legislature.
54	Section 3. The Legislature finds that there is a public
55	necessity to exempt from public disclosure all information
56	contained in the Florida Putative Father Registry maintained by
57	the Office of Vital Statistics within the Department of Health.
58	The Legislature finds that it is good public policy to provide
59	safeguards to protect and promote the well-being of persons
60	being adopted and their birth parents and adoptive parents. In
61	order to ensure that a child is legally free for adoption, the
62	Legislature finds that any existing parental rights must be
63	terminated in accordance with due process as protected under
64	federal and state law. The Legislature finds that protecting the
65	confidentiality and preventing the disclosure of the information
66	contained in the Florida Putative Father Registry will encourage
67	putative fathers who wish to claim paternity and assert parental
68	rights to register in order to preserve their right to receive
69	notice of and give consent to an adoption. The Legislature also
70	finds that the confidentiality and exemption from public
71	disclosure provided by this act will prevent unnecessary and
72	unwarranted intrusion into the right of privacy of personal and
73	sensitive information, including the existence of intimate
74	sexual relations. Disclosure of information in the registry may
75	also deter the collection of information integral to the best
76	interests of a child who is or may become the subject of a
77	proceeding for the termination of parental rights pending
78	adoption or other relevant proceeding. Therefore, the
79	Legislature finds that any benefit that could occur from public
80	disclosure of the information in the registry is outweighed by
81	the necessity to ensure the due process rights of putative
82	fathers and to prevent unwarranted intrusion into the privacy of
83	the individuals involved.
84	Section 4. This act shall take effect on the same date
85	that HB 835 or similar legislation takes effect if such
86	legislation is adopted in the same legislative session or an
87	extension thereof and becomes law.