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. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (7) is added to section 382.008, 20 Florida Statutes, to read: 21 382.008 Death,
andfetal 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.