Florida Senate - 2011                                    SB 1858
       
       
       
       By Senator Storms
       
       
       
       
       10-00632-11                                           20111858__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for specified information that
    5         identifies a woman upon whom an abortion was performed
    6         or attempted; providing for redaction; providing for
    7         future legislative review and repeal of the exemption
    8         under the Open Government Sunset Review Act; amending
    9         s. 119.0714, F.S.; providing that such identifying
   10         information in a criminal or civil proceeding and part
   11         of the court file is confidential and exempt from
   12         public-records requirements; providing a statement of
   13         necessity; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (k) is added to subsection (2) of
   18  section 119.071, Florida Statutes, to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (2) AGENCY INVESTIGATIONS.—
   22         (k)1. Any criminal intelligence information, criminal
   23  investigative information, information contained in an annual
   24  report required under s. 390.25(7), or information from a civil
   25  proceeding or action, including the photograph; name; social
   26  security number; bank account, debit, charge, or credit card
   27  number; home or employment address; home, employment, or mobile
   28  phone number; or other fact, which reveals the identity of the
   29  woman upon whom an abortion was performed or attempted under s.
   30  390.25, is confidential and exempt from s. 119.07(1) and s.
   31  24(a), Art. I of the State Constitution.
   32         2. The following persons or entities shall redact
   33  identifying information described in subparagraph 1. without a
   34  person having to request redaction:
   35         a. A clerk of court.
   36         b. The Department of Health before it publishes its annual
   37  report in accordance with s. 390.25(7).
   38         3. This paragraph is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15, and shall stand
   40  repealed on October 2, 2016, unless reviewed and saved from
   41  repeal through reenactment by the Legislature.
   42         Section 2. Paragraph (h) of subsection (1) of section
   43  119.0714, Florida Statutes, is amended to read:
   44         119.0714 Court files; court records; official records.—
   45         (1) COURT FILES.—Nothing in this chapter shall be construed
   46  to exempt from s. 119.07(1) a public record that was made a part
   47  of a court file and that is not specifically closed by order of
   48  court, except:
   49         (h) Any criminal intelligence information, or criminal
   50  investigative information, or information in a civil proceeding
   51  or action which that is confidential and exempt as provided in
   52  s. 119.071(2)(h) or s. 119.071(2)(k).
   53         Section 3. The Legislature finds that it is a public
   54  necessity to make confidential and exempt from public-records
   55  requirements any information that can be used to identify a
   56  woman upon whom an abortion was performed or attempted under s.
   57  390.25, Florida Statutes. Even though the United States Supreme
   58  Court, under Roe v. Wade, 410 U.S. 113 (1973), made abortion
   59  legal in the United States, the subject of abortion is still a
   60  highly charged topic in this country. The disclosure of the
   61  identity of a woman upon whom an abortion was performed or
   62  attempted may endanger her because of the likelihood of
   63  retaliation, harassment, or intimidation by persons who are
   64  disgruntled or offended with the fact that the woman aborted or
   65  attempted to abort her pregnancy. Termination of a pregnancy is
   66  a very personal decision for a woman, and disclosure of
   67  identifying information could cause severe emotional or mental
   68  harm to her. If the identity of a woman upon whom an abortion
   69  was performed or attempted under s. 390.25, Florida Statutes, is
   70  subject to disclosure, such disclosure would create a chilling
   71  effect on the woman in testifying against a health provider who
   72  did not properly follow procedures in performing the abortion.
   73  Moreover, disclosure of identifying information would threaten
   74  the safety and security of the woman. Therefore, the Legislature
   75  finds that it is a public necessity to make confidential and
   76  exempt from public-records requirements identifying information
   77  of women upon whom an abortion was performed or attempted under
   78  s. 390.25, Florida Statutes.
   79         Section 4. This act shall take effect July 1, 2011.