HB 0011 2003
   
1 A bill to be entitled
2         An act relating to public records; providing an exemption
3   from public records requirements for information contained
4   in the paternity registry maintained by the Department of
5   Children and Family Services; providing for future
6   legislative review and repeal of the exemption; providing
7   a finding of public necessity; providing a contingent
8   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 by s. 63.165, Florida Statutes, is exempt from
14   public disclosure pursuant to s. 119.07(1), Florida Statutes,
15   and s. 24(a), Art. I of the State Constitution, except that
16   certificates attesting to the results of a search of the
17   paternity registry pursuant to s. 63.165(2)(f), Florida
18   Statutes, may be disclosed as provided in s. 63.165(2)(f),
19   Florida Statutes. This section is subject to the Open
20   Government Sunset Review Act of 1995 in accordance with s.
21   119.15, Florida Statutes, and shall stand repealed on October 2,
22   2008, unless reviewed and saved from repeal through reenactment
23   by the Legislature.
24         Section 2.The Legislature finds that it is a public
25   necessity to exempt from disclosure pursuant to s. 119.07(1),
26   Florida Statutes, and s. 24(a), Art. I of the State Constitution
27   all information contained in the paternity registry created by
28   s. 63.165, Florida Statutes. The Legislature finds that it is
29   good public policy to encourage putative fathers to grasp both
30   the responsibility and the opportunity to be made legally aware
31   of petitions and hearings to terminate their parental rights
32   pending an adoption. The Legislature also finds that by
33   providing legal notice to putative fathers, adoptions will be
34   less likely to be legally disrupted. The Legislature further
35   finds that the information required by the paternity registry
36   reveals the existence of intimate sexual relations. Disclosure
37   of this information would likely have a negative effect on the
38   likelihood that putative fathers will register. Therefore, the
39   Legislature finds that any benefit that could occur from public
40   disclosure of the information in the paternity registry is
41   outweighed by the necessity to ensure the due process rights of
42   putative fathers.
43         Section 3. This act shall take effect on the same date
44   that HB_____ or similar legislation takes effect if such
45   legislation is adopted in the same legislative session or an
46   extension thereof and becomes law.
47