Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 674
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                

       The Committee on Governmental Oversight and Accountability
       (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 12 - 49
    4  and insert:
    5         Section 1. Subsection (7) is added to section 382.008,
    6  Florida Statutes, to read:
    7         382.008 Death, and fetal death, and nonviable birth
    8  registration; exemption.—
    9         (7)(a)An original certificate of nonviable birth shall
   10  contain all information required by the department for legal,
   11  social, and health research purposes. The department may issue a
   12  certified copy of an original certificate of nonviable birth
   13  containing confidential and exempt information to:
   14         1.The fetus’ parents;
   15         2.An agency of the state or local government or the
   16  Federal Government for official purposes upon approval of the
   17  department; or
   18         3.Any person authorized to receive the certified copy upon
   19  an order of any court of competent jurisdiction.
   20         (b)All information relating to the cause of death of the
   21  nonviable fetus, parentage of the fetus, marital status of each
   22  parent, and any medical information included in all nonviable
   23  birth records of this state are confidential and exempt from the
   24  provisions of s. 119.07(1), and s. 24(a), Art. I of the State
   25  Constitution, except for such information released for health
   26  research purposes as approved by the department.
   27         (c)The department must issue a certified copy of a
   28  certificate of nonviable birth, excluding the portion containing
   29  information that is confidential and exempt from s. 119.07(1)
   30  and s. 24(a) Art. I of the State Constitution, as provided in
   31  paragraph (b), to any person authorized by paragraph (a) to
   32  receive it who requests a certified copy upon receipt of the
   33  request and payment of the fee specified in s. 382.0255.
   34         (d)This subsection is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15 and shall stand
   36  repealed on October 2, 2022, unless reviewed and saved from
   37  repeal.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that the cause of death and parentage of the fetus,
   40  marital status of the parents, and medical information included
   41  in nonviable birth records be held confidential and exempt from
   42  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   43  State Constitution to protect the privacy rights of a parent who
   44  experiences a nonviable birth. Medical information and the cause
   45  of death of the fetus is sensitive and personal in nature and
   46  the public disclosure of such information may lead to an
   47  unwarranted invasion into the lives of parents experiencing a
   48  nonviable birth. The public disclosure of information regarding
   49  the parentage of the fetus and marital status of the parents may
   50  discourage individuals from requesting a certificate of
   51  nonviable birth because of an actual or perceived stigma
   52  regarding the nonviability of the fetus, the fetus’ parentage,
   53  or the parents’ marital status. Currently, such information is
   54  confidential and exempt from public disclosure in death and
   55  fetal death records. The Legislature further finds that the same
   56  protections should be afforded to parents who wish to
   57  memorialize a nonviable birth with a certificate of nonviable
   58  birth as part of their grieving process.
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 3 - 5
   63  and insert:
   64         382.008, F.S.; providing that a certificate of
   65         nonviable birth must contain information as required
   66         by the Department of Health; authorizing the
   67         department to issue a certified copy of a certificate
   68         of nonviable birth to specified persons; providing
   69         that certain information included in nonviable birth
   70         records is confidential and exempt from public records
   71         requirements; requiring the department to authorize
   72         the issuance of a certified copy of a certificate of
   73         nonviable birth subject to certain conditions;
   74         providing