House Bill hb0477e1

                                           HB 477, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         383.51, F.S.; providing an exemption from

  4         public records requirements for information

  5         that identifies parents who leave newborn

  6         infants at emergency medical services stations;

  7         providing an exception; providing an exemption

  8         from public records requirements for

  9         information contained in the Paternity

10         Registry; providing for future legislative

11         review and repeal; providing findings of public

12         necessity; providing contingent effective

13         dates.

14  

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

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17         Section 1.  Section 383.51, Florida Statutes, is

18  amended to read:

19         383.51  Confidentiality; identification of parent

20  leaving newborn infant at hospital or fire station.--The

21  identity of a parent who leaves a newborn infant at a

22  hospital, emergency medical services station, or a fire

23  station in accordance with s. 383.50 is confidential and

24  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

25  I of the State Constitution. The identity of a parent leaving

26  a child shall be disclosed to a person claiming to be a parent

27  of the newborn infant. This section is subject to the Open

28  Government Review Act of 1995 in accordance with s. 119.15,

29  and shall stand repealed on October 2, 2005, unless reviewed

30  and saved from repeal through reenactment by the Legislature.

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                                           HB 477, First Engrossed



  1         Section 2.  The Legislature finds that the preservation

  2  of anonymity and confidentiality of parents who leave newborn

  3  infants at emergency medical services stations is a public

  4  necessity in order to encourage parents to leave infants

  5  safely and thus protect the life and health of those infants.

  6  The Legislature further finds that the public policy provided

  7  for in the creation of s. 383.50, Florida Statutes, will be

  8  served if the anonymity of parents who leave newborns at

  9  emergency medical services stations is maintained.

10         Section 3.  (1)  All information contained in the

11  Paternity Registry created by section 63.165, Florida

12  Statutes, is exempt from public disclosure pursuant to section

13  119.07(1), Florida Statutes, and Section 24(a) of Article I of

14  the State Constitution, except that certificates attesting to

15  the results of a search of the Paternity Registry pursuant to

16  section 63.165(8), Florida Statutes, may be disclosed as

17  provided in section 63.165(8), Florida Statutes. This section

18  is subject to the Open Government Sunset Review Act of 1995 in

19  accordance with section 119.15, Florida Statutes, and shall

20  stand repealed on October 2, 2006, unless reviewed and saved

21  from repeal through reenactment by the Legislature.

22         (2)  This section shall take effect on the same date

23  that Committee Substitute for House Bill 415 or similar

24  legislation takes effect if such legislation is adopted in the

25  same legislative session or an extension thereof and becomes

26  law.

27         Section 4.  (1)  The Legislature finds that it is a

28  public necessity to exempt from disclosure pursuant to section

29  119.07(1), Florida Statutes, and Section 24 of Article I of

30  the State Constitution all information contained in the

31  Paternity Registry created by section 63.165, Florida


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                                           HB 477, First Engrossed



  1  Statutes. The Legislature finds that it is good public policy

  2  to encourage putative fathers to grasp both the responsibility

  3  and the opportunity to be made legally aware of petitions and

  4  hearings to terminate their parental rights pending an

  5  adoption. The Legislature also finds that by providing legal

  6  notice to putative fathers, adoptions will be less likely to

  7  be legally disrupted. The Legislature further finds that the

  8  information required by the Paternity Registry reveals the

  9  existence of intimate sexual relations. Disclosure of this

10  information would likely have a chilling effect on the

11  likelihood that putative fathers will register. Therefore, the

12  Legislature finds that any benefit that could occur from

13  public disclosure of the information in the Paternity Registry

14  is outweighed by the necessity to ensure the due process

15  rights of putative fathers.

16         (2)  This section shall take effect on the same date

17  that Committee Substitute for House Bill 415 or similar

18  legislation takes effect if such legislation is adopted in the

19  same legislative session or an extension thereof and becomes

20  law.

21         Section 5.  Except as otherwise provided herein, this

22  act shall take effect on the same date that HB 475 or similar

23  legislation takes effect if such legislation is adopted in the

24  same legislative session and becomes law.

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