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A bill to be entitled |
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An act relating to public records; providing an exemption |
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from public records requirements for information contained |
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in the paternity registry maintained by the Department of |
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Children and Family Services; providing for future review |
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and repeal of the exemption; providing a finding of public |
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necessity; providing a contingent effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. All information contained in the paternity |
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registry created by s. 63.165, Florida Statutes, is exempt from |
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public disclosure pursuant to s. 119.07(1), Florida Statutes, |
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and s. 24(a), Art. I of the State Constitution, except that |
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certificates attesting to the results of a search of the |
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paternity registry pursuant to s. 63.165(2)(f), Florida |
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Statutes, may be disclosed as provided in s. 63.165(2)(f), |
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Florida Statutes. This section is subject to the Open |
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Government Sunset Review Act of 1995 in accordance with s. |
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119.15, Florida Statutes, and shall stand repealed on October 2, |
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2008, unless reviewed and saved from repeal through reenactment |
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by the Legislature.
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Section 2. The Legislature finds that it is a public |
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necessity to exempt from disclosure pursuant to s. 119.07(1), |
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Florida Statutes, and s. 24(a), Art. I of the State Constitution |
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all information contained in the paternity registry created by |
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s. 63.165, Florida Statutes. The Legislature finds that it is |
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good public policy to encourage putative fathers to grasp both |
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the responsibility and the opportunity to be made legally aware |
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of petitions and hearings to terminate their parental rights |
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pending an adoption. The Legislature also finds that by |
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providing legal notice to putative fathers, adoptions will be |
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less likely to be legally disrupted. The Legislature further |
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finds that the information required by the paternity registry |
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reveals the existence of intimate sexual relations. Disclosure |
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of this information would likely have a negative effect on the |
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likelihood that putative fathers will register. Therefore, the |
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Legislature finds that any benefit that could occur from public |
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disclosure of the information in the paternity registry is |
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outweighed by the necessity to ensure the due process rights of |
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putative fathers. |
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Section 3. This act shall take effect on the same date |
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that HB 835 or similar legislation takes effect if such |
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legislation is adopted in the same legislative session or an |
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extension thereof and becomes law. |