Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 798
                        Barcode 141954
                            CHAMBER ACTION
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11  The Committee on Judiciary (Webster) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 390.01116, Florida Statutes, is
19  amended to read:
20         390.01116  Waiver of notice petition;
21  confidentiality.--When a minor petitions a circuit court for a
22  waiver, as provided in s. 390.01114, of the notice
23  requirements pertaining to a minor seeking to terminate her
24  pregnancy, any information in a record held by the circuit
25  court or an appellate court documents related to the petition
26  which could be used to identify the minor is confidential and
27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
28  Constitution.
29         Section 2.  Section 390.01116, Florida Statutes, is
30  subject to the Open Government Sunset Review Act of 1995 in
31  accordance with section 119.15, Florida Statutes, and shall
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    8:24 PM   04/18/05                             s0798d-ju09-j01

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 798 Barcode 141954 1 stand repealed on October 2, 2010, unless reviewed and saved 2 from repeal through reenactment by the Legislature. 3 Section 3. (1) The Legislature finds that it is a 4 public necessity to keep confidential and exempt from public 5 disclosure information contained in a court record which could 6 be used to identify a minor who is petitioning the court for a 7 waiver from the statutory requirement that a parent or legal 8 guardian be notified when a minor seeks to terminate her 9 pregnancy. The information contained in these records is of a 10 sensitive, personal nature regarding a minor petitioner, 11 release of which could harm the reputation of the minor, as 12 well as jeopardize her safety. Disclosure of this information 13 could jeopardize the safety of the minor in instances when 14 child abuse or child sexual abuse against her is present by 15 exposing her to further acts of abuse from an abuser who, 16 without the confidentiality and exemption, could learn of the 17 minor's pregnancy, her plans to terminate the pregnancy, and 18 her petition to the court. 19 (2) The Legislature further finds that it is a public 20 necessity to keep this identifying information in records held 21 by the court confidential and exempt in order to protect the 22 privacy of the minor. The State Constitution contains an 23 express right of privacy in Section 23 of Article I. Further, 24 the United States Supreme Court has repeatedly required 25 parental-notification laws to contain judicial-bypass 26 procedures and to preserve confidentiality at every level of 27 court proceedings in order to protect the privacy rights of 28 the minor. Without the confidentiality and exemption provided 29 in this act, the disclosure of personal identifying 30 information would violate the right of privacy of the minor. 31 Further, without the confidential and exempt status for this 2 8:24 PM 04/18/05 s0798d-ju09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 798 Barcode 141954 1 information, the constitutionality of the state's program 2 providing for notification of a minor's termination of 3 pregnancy, and the judicial-bypass procedure in particular, 4 would be in question. Thus, the confidentiality and exemption 5 provided in this act are also necessary for the effective 6 administration of the state's program, which administration 7 would be impaired without the exemption. 8 Section 4. This act shall take effect on the same day 9 that Senate Bill 1908 or similar legislation providing for 10 parental notice of a minor's abortion takes effect, if the 11 legislation is adopted in the same legislative session or an 12 extension thereof and becomes law. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to public records; amending s. 22 390.01116, F.S.; providing a public-records 23 exemption for information that could identify a 24 minor which is contained in a record held by 25 the court relating to a minor's petition to 26 waive notice requirements when terminating a 27 pregnancy; providing for future legislative 28 review and repeal under the Open Government 29 Sunset Review Act; providing findings of public 30 necessity; providing a contingent effective 31 date. 3 8:24 PM 04/18/05 s0798d-ju09-j01