Senate Bill sb2526

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    Florida Senate - 2003                                  SB 2526

    By Senator Campbell





    32-233B-03

  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 Florida Putative

  5         Father Registry maintained by the Office of

  6         Vital Statistics within the Department of

  7         Health; providing for future legislative review

  8         and repeal; providing findings of public

  9         necessity; providing a contingent effective

10         date.

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

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14         Section 1.  All information contained in the putative

15  father registry created under section 63.054, Florida

16  Statutes, and maintained by the Office of Vital Statistics

17  within the Department of Health is confidential and exempt

18  from public disclosure pursuant to section 119.07(1), Florida

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

20  Constitution, except as expressly provided in section

21  63.054(13), Florida Statutes. This section is subject to the

22  Open Government Sunset Review Act of 1995 in accordance with

23  section 119.15, Florida Statutes, and shall stand repealed on

24  October 2, 2008, unless reviewed and saved from repeal through

25  reenactment by the Legislature.

26         Section 2.  The Legislature finds that there is a

27  public necessity to exempt from public disclosure all

28  information contained in the Florida Putative Father Registry

29  maintained by the Office of Vital Statistics within the

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

31  public policy to provide safeguards to protect and promote the

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    Florida Senate - 2003                                  SB 2526
    32-233B-03




 1  well-being of persons being adopted and their birth and

 2  adoptive parents. In order to ensure that a child is legally

 3  free for adoption, the Legislature finds that any existing

 4  parental rights must be terminated in accordance with due

 5  process as protected under the federal and state laws. The

 6  Legislature finds that protecting the confidentiality and

 7  preventing the disclosure of the information contained in the

 8  Florida Putative Father Registry will encourage putative

 9  fathers who wish to claim paternity and assert parental rights

10  to register in order to preserve their right to receive notice

11  and consent to an adoption. The Legislature also finds that

12  the confidentiality and exemption from public disclosure

13  provided by this act prevents unnecessary and unwarranted

14  intrusion into the right of privacy of personal and sensitive

15  information, including the existence of intimate sexual

16  relations. Disclosure of information in the registry may also

17  deter the collection of information integral to the best

18  interests of a child who is or may become the subject of a

19  proceeding for the termination of parental rights pending

20  adoption or other relevant proceeding. Therefore, the

21  Legislature finds that any benefit that could occur from

22  public disclosure of the information in the registry is

23  outweighed by the necessity to ensure the due process rights

24  of putative fathers and to prevent unwarranted intrusion into

25  the privacy of the individuals involved.

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

27  that SB 2456 or similar legislation takes effect if such

28  legislation is adopted in the same legislative session or an

29  extension thereof and becomes law.

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    Florida Senate - 2003                                  SB 2526
    32-233B-03




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 2                          SENATE SUMMARY

 3    Provides an exemption from disclosure under the
      public-records law for information contained in the
 4    Florida Putative Father Registry maintained by the Office
      of Vital Statistics within the Department of Health.
 5    Provides for future legislative review and repeal under
      the Open Government Sunset Review Act of 1995. Provides a
 6    finding of public necessity.

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