Senate Bill sb0798c1

    Florida Senate - 2005                            CS for SB 798

    By the Committee on Governmental Oversight and Productivity;
    and Senators Webster and Fasano




    585-2319-05

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         390.01116, F.S.; providing a public-records

  4         exemption for information that could identify a

  5         minor which is contained in a record held by

  6         the court relating to a minor's petition to

  7         waive notice requirements when terminating a

  8         pregnancy; providing for future legislative

  9         review and repeal under the Open Government

10         Sunset Review Act; providing findings of public

11         necessity; providing a contingent effective

12         date.

13  

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

15  

16         Section 1.  Section 390.01116, Florida Statutes, is

17  amended to read:

18         390.01116  Waiver of notice petition;

19  confidentiality.--When a minor petitions a circuit court for a

20  waiver, as provided in s. 390.01114, of the notice

21  requirements pertaining to a minor seeking to terminate her

22  pregnancy, any information in a record held by the circuit

23  court or an appellate court documents related to the petition

24  which could be used to identify the minor is confidential and

25  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

26  Constitution.

27         Section 2.  Section 390.01116, Florida Statutes, is

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

29  accordance with section 119.15, Florida Statutes, and shall

30  stand repealed on October 2, 2010, unless reviewed and saved

31  from repeal through reenactment by the Legislature.

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






    Florida Senate - 2005                            CS for SB 798
    585-2319-05




 1         Section 3.  (1)  The Legislature finds that it is a

 2  public necessity to keep confidential and exempt from public

 3  disclosure information contained in a court record which could

 4  be used to identify a minor who is petitioning the court for a

 5  waiver from the statutory requirement that a parent or legal

 6  guardian be notified when a minor seeks to terminate her

 7  pregnancy. The information contained in these records is of a

 8  sensitive, personal nature regarding a minor petitioner,

 9  release of which could harm the reputation of the minor, as

10  well as jeopardize her safety. Disclosure of this information

11  could jeopardize the safety of the minor in instances when

12  child abuse or child sexual abuse against her is present by

13  exposing her to further acts of abuse from an abuser who,

14  without the confidentiality and exemption, could learn of the

15  minor's pregnancy, her plans to terminate the pregnancy, and

16  her petition to the court.

17         (2)  The Legislature further finds that it is a public

18  necessity to keep this identifying information in records held

19  by the court confidential and exempt in order to protect the

20  privacy of the minor. The State Constitution contains an

21  express right of privacy in Section 23 of Article I. Further,

22  the United States Supreme Court has repeatedly required

23  parental-notification laws to contain judicial-bypass

24  procedures and to preserve confidentiality at every level of

25  court proceedings in order to protect the privacy rights of

26  the minor. Without the confidentiality and exemption provided

27  in this act, the disclosure of personal identifying

28  information would violate the right of privacy of the minor.

29  Further, without the confidential and exempt status for this

30  information, the constitutionality of the state's program

31  providing for notification of a minor's termination of

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    Florida Senate - 2005                            CS for SB 798
    585-2319-05




 1  pregnancy, and the judicial-bypass procedure in particular,

 2  would be in question. Thus, the confidentiality and exemption

 3  provided in this act are also necessary for the effective

 4  administration of the state's program, which administration

 5  would be impaired without the exemption.

 6         Section 4.  This act shall take effect on the same day

 7  that Senate Bill 1908 or similar legislation providing for

 8  parental notice of a minor's abortion takes effect, if the

 9  legislation is adopted in the same legislative session or an

10  extension thereof and becomes law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 798

14                                 

15  Amends s. 390.01116, F.S., to expand the existing exemption
    for information in documents related to a petition of a minor
16  to waive parental notification of abortion.

17  The exemption is expanded to cover information in "records,"
    which is a broader term than "documents," because s. 119.011,
18  F.S., includes tapes, sound recordings, video recordings,
    among others.
19  
    Contains a statement of public necessity.
20  
    Provides that the exemption is subject to the Open Government
21  Sunset Review Act of 1995 and will expire October 2, 2010,
    unless reviewed and saved from repeal.
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