Senate Bill sb0650c1

    Florida Senate - 2002                            CS for SB 650

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2304-02

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         information contained in the paternity registry

  5         maintained by the Department of Health;

  6         providing for future legislative review and

  7         repeal; providing findings of public necessity;

  8         providing a contingent effective date.

  9  

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

11  

12         Section 1.  All information contained in the paternity

13  registry created pursuant to section 63.063, Florida Statutes,

14  and maintained by the Department of Health is exempt from

15  public disclosure pursuant to section 119.07(1), Florida

16  Statutes, and Section 24(a), Article I of the State

17  Constitution, except that certificates attesting to the

18  results of a search of the paternity registry pursuant to

19  chapter 63, Florida Statutes, may be disclosed as provided in

20  chapter 63, Florida Statutes. This section is subject to the

21  Open Government Sunset Review Act of 1995 in accordance with

22  section 119.15, Florida Statutes, and shall stand repealed on

23  October 2, 2007, unless reviewed and saved from repeal through

24  reenactment by the Legislature.

25         Section 2.  The Legislature finds that it is a public

26  necessity to exempt from public disclosure all information

27  contained in the paternity registry and maintained by the

28  Department of Health. The Legislature finds that it is good

29  public policy to encourage putative fathers to register with

30  the paternity registry in order that they have the opportunity

31  to be made legally aware of petitions and hearings to

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






    Florida Senate - 2002                            CS for SB 650
    302-2304-02




  1  terminate their parental rights pending an adoption. The

  2  Legislature also finds that by providing legal notice to

  3  putative fathers, adoptions are less likely to be legally

  4  disrupted. The Legislature further finds that the information

  5  required by the paternity registry reveals the existence of

  6  intimate sexual relations. Disclosure of this information

  7  would likely have a negative effect on the likelihood that

  8  putative fathers will register. Therefore, the Legislature

  9  finds that any benefit that could occur from public disclosure

10  of the information in the paternity registry is outweighed by

11  the necessity to ensure the due process rights of putative

12  fathers.

13         Section 3.  This act shall take effect on the same date

14  that CS/HB 775 or similar legislation takes effect if such

15  legislation is adopted in the same legislative session or an

16  extension thereof and becomes law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 650

20                                 

21  Creates an exemption for information contained in the
    paternity registry created pursuant to s. 63.063, F.S.
22  
    Permits certificates attesting to the results of a search of
23  the paternity registry to be disclosed.

24  Creates a statement of public necessity.

25  

26  

27  

28  

29  

30  

31  

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