House Bill hb0773

    Florida House of Representatives - 2002                 HB 773

        By Representative Mahon






  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 Children and

  6         Family Services; providing for future

  7         legislative review and repeal; providing

  8         findings of public necessity; providing a

  9         contingent effective date.

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

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13         Section 1.  All information contained in the paternity

14  registry created by s. 63.165, Florida Statutes, is exempt

15  from public disclosure pursuant to s. 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 s.

19  63.165(2)(f), Florida Statutes, may be disclosed as provided

20  in s. 63.165(2)(f), Florida Statutes. This section is subject

21  to the Open Government Sunset Review Act of 1995 in accordance

22  with s. 119.15, Florida Statutes, and shall stand repealed on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 disclosure pursuant to s. 119.07(1),

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

28  Constitution all information contained in the paternity

29  registry created by s. 63.165, Florida Statutes. The

30  Legislature finds that it is good public policy to encourage

31  putative fathers to grasp both the responsibility and the

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






    Florida House of Representatives - 2002                 HB 773

    781-120-02






  1  opportunity to be made legally aware of petitions and hearings

  2  to terminate their parental rights pending an adoption. The

  3  Legislature also finds that by providing legal notice to

  4  putative fathers, adoptions will be less likely to be legally

  5  disrupted. The Legislature further finds that the information

  6  required by the paternity registry reveals the existence of

  7  intimate sexual relations. Disclosure of this information

  8  would likely have a negative effect on the likelihood that

  9  putative fathers will register. Therefore, the Legislature

10  finds that any benefit that could occur from public disclosure

11  of the information in the paternity registry is outweighed by

12  the necessity to ensure the due process rights of putative

13  fathers.

14         Section 3.  This section shall take effect on the same

15  date that HB _____ or similar legislation takes effect if such

16  legislation is adopted in the same legislative session or an

17  extension thereof and becomes law.

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20                          HOUSE SUMMARY

21
      Provides an exemption from public records requirements
22    for information contained in the paternity registry
      maintained by the Department of Children and Family
23    Services. Provides for future review and repeal.

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