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 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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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38 | Review Act in accordance with s. 119.15 and shall stand repealed |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. |