Florida Senate - 2008 CS for SB 1042

By the Committees on Judiciary; Children, Families, and Elder Affairs

590-04485-08 20081042c1

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A bill to be entitled

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An act relating to a review under the Open Government

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Sunset Review Act; amending s. 63.0541, F.S., relating to

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a public-records exemption for information contained in

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the Florida Putative Father Registry; saving the exemption

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from repeal under the Open Government Sunset Review Act;

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narrowing the exemption to allow access by the birth

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mother; removing superfluous provisions; repealing s. 2,

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ch. 2003-56, Laws of Florida, relating to provisions

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providing for the repeal of the exemption; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 63.0541, Florida Statutes, is amended to

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read:

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     63.0541  Public records exemption for the Florida Putative

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Father Registry.--

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     (1)  All information contained in the Florida Putative

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Father Registry and maintained by the Office of Vital Statistics

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within the Department of Health is confidential and exempt from

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public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I

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of the State Constitution, except as otherwise provided in this

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section.

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     (2) Information made confidential and exempt by this

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section shall be disclosed to:

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     (a)  An adoption entity, upon the filing of a request for a

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diligent search of the Florida Putative Father Registry in

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connection with the planned adoption of a child.

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     (b)  The registrant unmarried biological father, upon

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receipt of a notarized request for a copy of his registry entry

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only.

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     (c) The birth mother, upon receipt of a notarized request

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for a copy of any registry entry in which she is identified as

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the birth mother.

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     (d)(c) The court, upon issuance of a court order concerning

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a petitioner acting pro se in an action under this chapter.

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     (3)(2) Except as set forth in subsection (1), The database

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comprising the Florida Putative Father Registry shall remain

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confidential and exempt and separate from all other databases in

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this state, including any local or federal database. Such

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database may not be accessed by any other state or federal agency

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or entity.

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     Section 2. Section 2 of chapter 2003-56, Laws of Florida,

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is repealed.

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     Section 3.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.