| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act; amending s. 390.01116, F.S., which |
| 4 | provides an exemption from public records requirements for |
| 5 | information that could identify a minor which is contained |
| 6 | in a record relating to a minor's petition to waive notice |
| 7 | requirements when terminating a pregnancy; repealing s. 2, |
| 8 | ch. 2005-104, Laws of Florida, which provides for repeal |
| 9 | of the exemption; making editorial changes; expanding the |
| 10 | exemption to include such information held by the office |
| 11 | of criminal conflict and civil regional counsel or the |
| 12 | Justice Administrative Commission; providing for future |
| 13 | legislative review and repeal of the exemption under the |
| 14 | Open Government Sunset Review Act; providing a statement |
| 15 | of public necessity; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 390.01116, Florida Statutes, is amended |
| 20 | to read: |
| 21 | 390.01116 Public records exemptions; minors seeking waiver |
| 22 | of notice requirements petition; confidentiality.-Any |
| 23 | information that can be used to identify When a minor |
| 24 | petitioning petitions a circuit court for a judicial waiver, as |
| 25 | provided in s. 390.01114, of the notice requirements under the |
| 26 | Parental Notice of Abortion Act pertaining to a minor seeking to |
| 27 | terminate her pregnancy, any information in a record held by the |
| 28 | circuit court or an appellate court which could be used to |
| 29 | identify the minor is: |
| 30 | (1) Confidential and exempt from s. 119.07(1) and s. |
| 31 | 24(a), Art. I of the State Constitution if held by a circuit |
| 32 | court or an appellate court. |
| 33 | (2)(a) Confidential and exempt from s. 119.07(1) and s. |
| 34 | 24(a), Art. I of the State Constitution if held by the office of |
| 35 | criminal conflict and civil regional counsel or the Justice |
| 36 | Administrative Commission. |
| 37 | (b) Paragraph (a) is subject to the Open Government Sunset |
| 38 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 39 | on October 2, 2015, unless reviewed and saved from repeal |
| 40 | through reenactment by the Legislature. |
| 41 | Section 2. The Legislature finds that it is a public |
| 42 | necessity to make confidential and exempt from public records |
| 43 | requirements any information that can be used to identify a |
| 44 | minor petitioning a circuit court for a judicial waiver from the |
| 45 | statutory requirement that a parent or legal guardian be |
| 46 | notified when that minor seeks to terminate her pregnancy when |
| 47 | such information is held by the office of criminal conflict and |
| 48 | civil regional counsel or the Justice Administrative Commission. |
| 49 | The information contained in these records is of a sensitive, |
| 50 | personal nature regarding a minor petitioner, the release of |
| 51 | which could harm the reputation of the minor, as well as |
| 52 | jeopardize her safety. Disclosure of this information could |
| 53 | jeopardize the safety of the minor in instances in which child |
| 54 | abuse or child sexual abuse against her is present by exposing |
| 55 | her to further acts of abuse from an abuser who, without the |
| 56 | public record exemption, could learn of the minor's pregnancy, |
| 57 | her plans to terminate the pregnancy, and her petition to the |
| 58 | court. The Legislature further finds that it is a public |
| 59 | necessity to keep this identifying information in records held |
| 60 | by the office of criminal conflict and civil regional counsel or |
| 61 | the Justice Administrative Commission confidential and exempt in |
| 62 | order to protect the privacy of the minor. The State |
| 63 | Constitution contains an express right of privacy in Section 23 |
| 64 | of Article I. Further, the United States Supreme Court has |
| 65 | repeatedly required parental-notification laws to contain |
| 66 | judicial-bypass procedures and to preserve confidentiality at |
| 67 | every level of court proceedings in order to protect the privacy |
| 68 | rights of the minor. Without the public record exemption |
| 69 | provided in this act, the disclosure of personal identifying |
| 70 | information would violate the right of privacy of the minor. |
| 71 | Further, without the confidential and exempt status for this |
| 72 | information, the constitutionality of the state's program |
| 73 | providing for notification of a minor's termination of |
| 74 | pregnancy, and the judicial-bypass procedure in particular, |
| 75 | would be in question. Thus, the public record exemption provided |
| 76 | in this act is necessary for the effective administration of the |
| 77 | state's program, which administration would be impaired without |
| 78 | the exemption. |
| 79 | Section 3. Section 2 of chapter 2005-104, Laws of Florida, |
| 80 | is repealed. |
| 81 | Section 4. This act shall take effect upon becoming a law. |