Florida Senate - 2021                                     SB 746
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01085-21                                            2021746__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         390.302, F.S.; providing an exemption from public
    4         records requirements for physician abortion reports
    5         filed with the Department of Health; providing
    6         exceptions; providing retroactive application;
    7         providing for future legislative review and repeal of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 390.302, Florida Statutes, is created to
   15  read:
   16         390.302 Physician abortion report exemption from public
   17  records request.—A physician abortion report filed with the
   18  Department of Health pursuant to s. 390.301(4)(a) is
   19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution. The department may not make such
   21  reports available for public inspection, shall maintain the
   22  confidentiality of such reports, and may make such reports
   23  available only to the following parties in the following
   24  circumstances:
   25         (1) To the Attorney General or a state attorney with
   26  appropriate jurisdiction pursuant to a criminal investigation,
   27  including an investigation of the grounds for a criminal action
   28  under s. 390.301(4)(d) or (6); or
   29         (2) Pursuant to a court order in an action brought under s.
   30  390.301(7).
   31  
   32  The exemption under this section applies to reports filed with
   33  the department pursuant to s. 390.301(4)(a) before, on, or after
   34  January 1, 2022. This section is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15 and shall stand
   36  repealed on October 2, 2026, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that a physician abortion report filed with the
   40  Department of Health pursuant to s. 390.301(4)(a), Florida
   41  Statutes, be made confidential and exempt from disclosure under
   42  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   43  State Constitution. A woman’s health, her decision to have an
   44  abortion, and the abortion procedure itself are intensely
   45  private matters. The content of such a report should not be made
   46  public. Protecting the report is necessary to ensure the health
   47  care privacy rights of individuals. Making these reports
   48  confidential and exempt from disclosure will protect information
   49  of a sensitive personal nature, the release of which could cause
   50  unwarranted damage to the privacy rights and reputation of an
   51  individual.
   52         Section 3. This act shall take effect on the same date that
   53  SB ___ or similar legislation takes effect, if such legislation
   54  is adopted in the same legislative session or an extension
   55  thereof and becomes a law.