House Bill 1485

    Florida House of Representatives - 1999                HB 1485

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         court documents that might identify a pregnant

  5         minor who petitions for a waiver of the notice

  6         requirements pertaining to her request to have

  7         her pregnancy terminated; requesting that the

  8         Supreme Court adopt rules ensuring the

  9         confidentiality of such proceedings; providing

10         for future review and repeal; providing

11         findings of public necessity; providing a

12         contingent effective date.

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

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16         Section 1.  When a minor petitions a circuit court for

17  a waiver of the notice requirements pertaining to the minor's

18  seeking to terminate her pregnancy, the court proceedings

19  relating to that petition must ensure the anonymity of the

20  minor, and the identity of the minor is confidential and

21  exempt from the provisions of section 119.07(1), Florida

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

23  Constitution. All such court proceedings shall be sealed. The

24  minor has the right to use a pseudonym or her initials only in

25  filing her petition in the circuit court. All documents

26  related to this petition which in any way might identify the

27  minor shall be confidential and shall not be available to the

28  public. In addition, the Supreme Court is requested to adopt

29  rules to ensure that such documents are handled in a

30  confidential manner. This section is subject to the Open

31  Government Sunset Review Act of 1995 in accordance with

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






    Florida House of Representatives - 1999                HB 1485

    583-157-99






  1  section 119.15, Florida Statutes, and shall stand repealed on

  2  October 2, 2004, unless reviewed and saved from repeal through

  3  reenactment by the Legislature.

  4         Section 2.  The Legislature finds that exempting from

  5  the public records law requirements information that might

  6  identify a minor who petitions for the termination of her

  7  pregnancy is a public necessity in that the minor would likely

  8  be in danger of retribution from the parent or guardian

  9  against whom she has made allegations of child abuse, neglect,

10  sexual abuse, or likelihood that notifying them is not in her

11  best interest, if her identity were made public.

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

13  that Senate Bill      or similar legislation creating the

14  "Parental Notice of Abortion Act" takes effect, if such

15  legislation is adopted in the same legislative session or an

16  extension thereof.

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19                          SENATE SUMMARY

20    Provides an exemption from public records requirements
      for court documents that might identify a pregnant minor
21    who petitions for a waiver of the notice requirements
      pertaining to her request to have her pregnancy
22    terminated. Requests that the Supreme Court adopt rules
      ensuring the confidentiality of such documents. Provides
23    for future review and repeal. Provides findings of public
      necessity.
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