Florida Senate - 2017                              CS for SB 674
       
       
        
       By the Committee on Health Policy; and Senator Bean
       
       
       
       
       
       588-02416-17                                           2017674c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         382.008, F.S.; providing that certain information
    4         included in nonviable birth records is confidential
    5         and exempt from public records requirements; providing
    6         for future legislative review and repeal of the
    7         exemption; providing a statement of public necessity;
    8         providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (6) of section 382.008, Florida
   13  Statutes, is amended to read:
   14         382.008 Death, and fetal death, and nonviable birth
   15  registration.—
   16         (6)(a) The original certificate of death or fetal death
   17  shall contain all the information required by the department for
   18  legal, social, and health research purposes. All information
   19  relating to cause of death in all death and fetal death records
   20  and the parentage, marital status, and medical information
   21  included in all fetal death records of this state are
   22  confidential and exempt from the provisions of s. 119.07(1),
   23  except for health research purposes as approved by the
   24  department; nor may copies of the same be issued except as
   25  provided in s. 382.025.
   26         (b) All information relating to cause of death in all
   27  nonviable birth records and the parentage, marital status, and
   28  medical information included in all nonviable birth records of
   29  this state are confidential and exempt from the provisions of s.
   30  119.07(1) and s. 24(a), Art. I of the State Constitution, except
   31  for health research purposes as approved by the department. The
   32  department may not issue copies of nonviable birth records
   33  except as provided in s. 382.025. This paragraph is subject to
   34  the Open Government Sunset Review Act in accordance with s.
   35  119.15 and shall stand repealed on October 2, 2022, unless
   36  reviewed and saved from repeal through reenactment by the
   37  Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that cause of death, parentage, marital status, and
   40  medical information included in nonviable birth records be held
   41  confidential and exempt from s. 119.07(1), Florida Statutes, and
   42  s. 24(a), Article I of the State Constitution to protect the
   43  privacy rights of a woman who experiences a nonviable birth.
   44  Currently, death and fetal death records containing such
   45  information are confidential and exempt from s. 119.07(1),
   46  Florida Statutes. The Legislature further finds that the public
   47  disclosure of such information may discourage such an individual
   48  from seeking medical care from a licensed health care
   49  practitioner or health care facility.
   50         Section 3. This act shall take effect on the same date that
   51  SB 672 or similar legislation takes effect, if such legislation
   52  is adopted in the same legislative session or an extension
   53  thereof and becomes a law.