Bill Text: FL H7115 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/I.D. of Minor/Waiver/Termination of Pregnancy [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-41 [H7115 Detail]

Download: Florida-2010-H7115-Introduced.html

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HB 7115

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 390.01116, F.S., which
4	provides an exemption from public records requirements for
5	information that could identify a minor which is contained
6	in a record relating to a minor's petition to waive notice
7	requirements when terminating a pregnancy; repealing s. 2,
8	ch. 2005-104, Laws of Florida, which provides for repeal
9	of the exemption; making editorial changes; expanding the
10	exemption to include such information held by the office
11	of criminal conflict and civil regional counsel or the
12	Justice Administrative Commission; providing for future
13	legislative review and repeal of the exemption under the
14	Open Government Sunset Review Act; providing a statement
15	of public necessity; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Section 390.01116, Florida Statutes, is amended
20	to read:
21	390.01116 Public records exemptions; minors seeking waiver
22	of notice requirements petition; confidentiality.-Any
23	information that can be used to identify When a minor
24	petitioning petitions a circuit court for a judicial waiver, as
25	provided in s. 390.01114, of the notice requirements under the
26	Parental Notice of Abortion Act pertaining to a minor seeking to
27	terminate her pregnancy, any information in a record held by the
28	circuit court or an appellate court which could be used to
29	identify the minor is:
30	(1) Confidential and exempt from s. 119.07(1) and s.
31	24(a), Art. I of the State Constitution if held by a circuit
32	court or an appellate court.
33	(2)(a) Confidential and exempt from s. 119.07(1) and s.
34	24(a), Art. I of the State Constitution if held by the office of
35	criminal conflict and civil regional counsel or the Justice
36	Administrative Commission.
37	(b) Paragraph (a) is subject to the Open Government Sunset
38	Review Act in accordance with s. 119.15 and shall stand repealed
39	on October 2, 2015, unless reviewed and saved from repeal
40	through reenactment by the Legislature.
41	Section 2. The Legislature finds that it is a public
42	necessity to make confidential and exempt from public records
43	requirements any information that can be used to identify a
44	minor petitioning a circuit court for a judicial waiver from the
45	statutory requirement that a parent or legal guardian be
46	notified when that minor seeks to terminate her pregnancy when
47	such information is held by the office of criminal conflict and
48	civil regional counsel or the Justice Administrative Commission.
49	The information contained in these records is of a sensitive,
50	personal nature regarding a minor petitioner, the release of
51	which could harm the reputation of the minor, as well as
52	jeopardize her safety. Disclosure of this information could
53	jeopardize the safety of the minor in instances in which child
54	abuse or child sexual abuse against her is present by exposing
55	her to further acts of abuse from an abuser who, without the
56	public record exemption, could learn of the minor's pregnancy,
57	her plans to terminate the pregnancy, and her petition to the
58	court. The Legislature further finds that it is a public
59	necessity to keep this identifying information in records held
60	by the office of criminal conflict and civil regional counsel or
61	the Justice Administrative Commission confidential and exempt in
62	order to protect the privacy of the minor. The State
63	Constitution contains an express right of privacy in Section 23
64	of Article I. Further, the United States Supreme Court has
65	repeatedly required parental-notification laws to contain
66	judicial-bypass procedures and to preserve confidentiality at
67	every level of court proceedings in order to protect the privacy
68	rights of the minor. Without the public record exemption
69	provided in this act, the disclosure of personal identifying
70	information would violate the right of privacy of the minor.
71	Further, without the confidential and exempt status for this
72	information, the constitutionality of the state's program
73	providing for notification of a minor's termination of
74	pregnancy, and the judicial-bypass procedure in particular,
75	would be in question. Thus, the public record exemption provided
76	in this act is necessary for the effective administration of the
77	state's program, which administration would be impaired without
78	the exemption.
79	Section 3. Section 2 of chapter 2005-104, Laws of Florida,
80	is repealed.
81	Section 4. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.