Florida Senate - 2019                                    SB 1778
       By Senator Stargel
       22-02504A-19                                          20191778__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         390.01118, F.S.; providing a public records exemption
    4         for information that could identify a minor which is
    5         contained in a record held by the court relating to
    6         the minor’s petition to waive consent requirements to
    7         obtain an abortion; providing for future legislative
    8         review and repeal under the Open Government Sunset
    9         Review Act; providing a statement of public necessity;
   10         providing a contingent effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 390.01118, Florida Statutes, is created
   15  to read:
   16         390.01118 Public records exemptions; minors seeking waiver
   17  of consent requirements.—Any information that can be used to
   18  identify a minor who is petitioning a circuit court for a
   19  judicial waiver, as provided in s. 390.01117, of the consent
   20  requirements under the Parental Consent for Abortion Act is:
   21         (1) Confidential and exempt from s. 24(a), Art. I of the
   22  State Constitution, if held by a circuit court or an appellate
   23  court.
   24         (2) Confidential and exempt from s. 119.07(1) and s. 24(a),
   25  Art. I of the State Constitution, if held by the office of
   26  criminal conflict and civil regional counsel or the Justice
   27  Administrative Commission.
   29  This section is subject to the Open Government Sunset Review Act
   30  in accordance with s. 119.15 and shall stand repealed on October
   31  2, 2024, unless reviewed and saved from repeal through
   32  reenactment by the Legislature.
   33         Section 2. (1)The Legislature finds that it is a public
   34  necessity to keep confidential and exempt from public disclosure
   35  information contained in a court record which could be used to
   36  identify a minor who is petitioning the court for a waiver from
   37  the statutory requirement that a parent or legal guardian give
   38  consent before the minor may obtain an abortion. The information
   39  contained in these records is of a sensitive, personal nature
   40  regarding a minor petitioner, release of which could harm the
   41  reputation of the minor, as well as jeopardize her safety.
   42  Disclosure of this information could jeopardize the safety of
   43  the minor in instances when child abuse or child sexual abuse
   44  against her is present by exposing her to further acts of abuse
   45  from an abuser who, if the information was not held
   46  confidential, could learn of her pregnancy, her plans to obtain
   47  an abortion, and her petition to the court.
   48         (2)The Legislature further finds that it is a public
   49  necessity to keep this identifying information in records held
   50  by the court confidential and exempt in order to protect the
   51  privacy of the minor. The State Constitution contains an express
   52  right of privacy in Section 23 of Article I. Further, the United
   53  States Supreme Court has repeatedly required parental-consent
   54  laws to contain judicial-bypass procedures and to preserve
   55  confidentiality at every level of court proceedings in order to
   56  protect the privacy rights of the minor. Without the
   57  confidentiality and exemption provided in this act, the
   58  disclosure of personal identifying information would violate the
   59  right of privacy of the minor and would place the
   60  constitutionality of the state’s program providing for a
   61  judicial waiver of consent in question. Thus, the
   62  confidentiality and exemption provided by this act are necessary
   63  for the effective administration of the Parental Consent for
   64  Abortion Act, for which administration would be impaired without
   65  the exemption.
   66         Section 3. This act shall take effect on the same date that
   67  SB ___ or similar legislation takes effect if such legislation
   68  is adopted in the same legislative session or an extension
   69  thereof and becomes a law.