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,
andfetal 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 This paragraph is subject to 34 the Open Government Sunset Review Act in accordance with s. 35 119.15 and shall stand repealed on October 2, 2022, unless 36 reviewed and saved from repeal through reenactment by the 37 Legislature. 38 Section 2.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.