Florida Senate - 2017                       CS for CS for SB 674
       By the Committees on Governmental Oversight and Accountability;
       and Health Policy; and Senator Bean
       585-02943-17                                           2017674c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         382.008, F.S.; providing that a certificate of
    4         nonviable birth must contain information as required
    5         by the Department of Health; authorizing the
    6         department to issue a certified copy of a certificate
    7         of nonviable birth to specified persons; providing
    8         that certain information included in nonviable birth
    9         records is confidential and exempt from public records
   10         requirements; requiring the department to authorize
   11         the issuance of a certified copy of a certificate of
   12         nonviable birth subject to certain conditions;
   13         providing for future legislative review and repeal of
   14         the exemption; providing a statement of public
   15         necessity; providing a contingent effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (7) is added to section 382.008,
   20  Florida Statutes, to read:
   21         382.008 Death, and fetal death, and nonviable birth
   22  registration; exemption.—
   23         (7)(a)An original certificate of nonviable birth shall
   24  contain all information required by the department for legal,
   25  social, and health research purposes. The department may issue a
   26  certified copy of an original certificate of nonviable birth
   27  containing confidential and exempt information to:
   28         1.The fetus’ parents;
   29         2.An agency of the state or local government or the
   30  Federal Government for official purposes upon approval of the
   31  department; or
   32         3.Any person authorized to receive the certified copy upon
   33  an order of any court of competent jurisdiction.
   34         (b)All information relating to the cause of death of the
   35  nonviable fetus, parentage of the fetus, marital status of each
   36  parent, and any medical information included in all nonviable
   37  birth records of this state are confidential and exempt from the
   38  provisions of s. 119.07(1), and s. 24(a), Art. I of the State
   39  Constitution, except for such information released for health
   40  research purposes as approved by the department.
   41         (c)The department must issue a certified copy of a
   42  certificate of nonviable birth, excluding the portion containing
   43  information that is confidential and exempt from s. 119.07(1)
   44  and s. 24(a) Art. I of the State Constitution, as provided in
   45  paragraph (b), to any person authorized by paragraph (a) to
   46  receive it who requests a certified copy upon receipt of the
   47  request and payment of the fee specified in s. 382.0255.
   48         (d)This subsection is subject to the Open Government
   49  Sunset Review Act in accordance with s. 119.15 and shall stand
   50  repealed on October 2, 2022, unless reviewed and saved from
   51  repeal.
   52         Section 2. The Legislature finds that it is a public
   53  necessity that the cause of death and parentage of the fetus,
   54  marital status of the parents, and medical information included
   55  in nonviable birth records be held confidential and exempt from
   56  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   57  State Constitution to protect the privacy rights of a parent who
   58  experiences a nonviable birth. Medical information and the cause
   59  of death of the fetus is sensitive and personal in nature and
   60  the public disclosure of such information may lead to an
   61  unwarranted invasion into the lives of parents experiencing a
   62  nonviable birth. The public disclosure of information regarding
   63  the parentage of the fetus and marital status of the parents may
   64  discourage individuals from requesting a certificate of
   65  nonviable birth because of an actual or perceived stigma
   66  regarding the nonviability of the fetus, the fetus’ parentage,
   67  or the parents’ marital status. Currently, such information is
   68  confidential and exempt from public disclosure in death and
   69  fetal death records. The Legislature further finds that the same
   70  protections should be afforded to parents who wish to
   71  memorialize a nonviable birth with a certificate of nonviable
   72  birth as part of their grieving process.
   73         Section 3. This act shall take effect on the same date that
   74  SB 672 or similar legislation takes effect, if such legislation
   75  is adopted in the same legislative session or an extension
   76  thereof and becomes a law.