House Bill hb0773c1

    Florida House of Representatives - 2002              CS/HB 773

        By the Council for Healthy Communities and 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 Health;

  6         providing for future legislative review and

  7         repeal; providing findings of public necessity;

  8         providing a contingent effective date.

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

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12         Section 1.  All information contained in the paternity

13  registry created pursuant to s. 63.063, Florida Statutes, and

14  maintained by the Department of Health is exempt from public

15  disclosure pursuant to s. 119.07(1), Florida Statutes, and s.

16  24(a), Art. I of the State Constitution, except that

17  certificates attesting to the results of a search of the

18  paternity registry pursuant to chapter 63, Florida Statutes,

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

20  This section is subject to the Open Government Sunset Review

21  Act of 1995 in accordance with s. 119.15, Florida Statutes,

22  and shall stand repealed on October 2, 2007, unless reviewed

23  and saved from repeal through reenactment by the Legislature.

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

25  necessity to exempt from public disclosure all information

26  contained in the paternity registry and maintained by the

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

28  public policy to encourage putative fathers to register with

29  the paternity registry in order that they have the opportunity

30  to be made legally aware of petitions and hearings to

31  terminate their parental rights pending an adoption. The

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    Florida House of Representatives - 2002              CS/HB 773

    404-157-02






  1  Legislature also finds that by providing legal notice to

  2  putative fathers, adoptions are less likely to be legally

  3  disrupted. The Legislature further finds that the information

  4  required by the paternity registry reveals the existence of

  5  intimate sexual relations. Disclosure of this information

  6  would likely have a negative effect on the likelihood that

  7  putative fathers will register. Therefore, the Legislature

  8  finds that any benefit that could occur from public disclosure

  9  of the information in the paternity registry is outweighed by

10  the necessity to ensure the due process rights of putative

11  fathers.

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

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

14  legislation is adopted in the same legislative session or an

15  extension thereof and becomes law.

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