Senate Bill sb2526er

    ENROLLED

    2003 Legislature                                CS for SB 2526



  1                                 

  2         An act relating to public records; creating s.

  3         63.541, F.S.; creating an exemption from

  4         public-records requirements for information

  5         contained in the Florida Putative Father

  6         Registry maintained by the Office of Vital

  7         Statistics within the Department of Health;

  8         providing for exceptions to the exemption;

  9         providing that the database is confidential and

10         exempt from public disclosure; providing for

11         future legislative review and repeal; providing

12         findings of public necessity; providing a

13         contingent effective date.

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

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17         Section 1.  Section 63.541, Florida Statutes, is

18  created to read:

19         63.541  Public-records exemption for the Florida

20  Putative Father Registry.--

21         (1)  All information contained in the Florida Putative

22  Father Registry and maintained by the Office of Vital

23  Statistics within the Department of Health is confidential and

24  exempt from public disclosure pursuant to s. 119.07(1) and s.

25  24(a), Art. I of the State Constitution, except as otherwise

26  provided in this section. Information made confidential and

27  exempt by this section shall be disclosed to:

28         (a)  An adoption entity, upon the filing of a request

29  for a diligent search of the Florida Putative Father Registry

30  in connection with the planned adoption of a child.

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    ENROLLED

    2003 Legislature                                CS for SB 2526



 1         (b)  The registrant unmarried biological father, upon

 2  receipt of notarized request for a copy of his registry entry

 3  only.

 4         (c)  The court, upon issuance of a court order

 5  concerning a petitioner acting pro se in an action under this

 6  chapter.

 7         (2)  Except as set forth in subsection (1), the

 8  database comprising the Florida Putative Father Registry shall

 9  remain confidential and exempt and separate from all other

10  databases in this state, including any local or federal

11  database. Such database may not be accessed by any other state

12  or federal agency or entity.

13         Section 2.  Section 63.541, Florida Statutes, is

14  subject to the Open Government Sunset Review Act of 1995 in

15  accordance with section 119.15, Florida Statutes, and shall

16  stand repealed on October 2, 2008, unless reviewed and saved

17  from repeal through reenactment by the Legislature.

18         Section 3.  The Legislature finds that there is a

19  public necessity to exempt from public disclosure all

20  information contained in the Florida Putative Father Registry

21  maintained by the Office of Vital Statistics within the

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

23  public policy to provide safeguards to protect and promote the

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

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

26  free for adoption, the Legislature finds that any existing

27  parental rights must be terminated in accordance with due

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

29  Legislature finds that protecting the confidentiality and

30  preventing the disclosure of the information contained in the

31  Florida Putative Father Registry will encourage putative


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    ENROLLED

    2003 Legislature                                CS for SB 2526



 1  fathers who wish to claim paternity and assert parental rights

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

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

 4  the confidentiality and exemption from public disclosure

 5  provided by this act prevents unnecessary and unwarranted

 6  intrusion into the right of privacy of personal and sensitive

 7  information, including the existence of intimate sexual

 8  relations. Disclosure of information in the registry may also

 9  deter the collection of information integral to the best

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

11  proceeding for the termination of parental rights pending

12  adoption or other relevant proceeding. Therefore, the

13  Legislature finds that any benefit that could occur from

14  public disclosure of the information in the registry is

15  outweighed by the necessity to ensure the due process rights

16  of putative fathers and to prevent unwarranted intrusion into

17  the privacy of the individuals involved.

18         Section 4.  This act shall take effect on the same date

19  that SB 2456 or similar legislation takes effect if such

20  legislation is adopted in the same legislative session or an

21  extension thereof and becomes law.

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