Florida Senate - 2020 CS for CS for SB 406 By the Committees on Rules; and Health Policy; and Senator Stargel 595-02455-20 2020406c2 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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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. 390.01114, of the consent 20 requirements under the Parental Notice of and Consent for 21 Abortion Act is: 22 (1) Confidential and exempt from s. 24(a), Art. I of the 23 State Constitution, if held by a circuit court or an appellate 24 court. 25 (2) Confidential and exempt from s. 119.07(1) and s. 24(a), 26 Art. I of the State Constitution, if held by the office of 27 criminal conflict and civil regional counsel or the Justice 28 Administrative Commission. 29 30 This section is subject to the Open Government Sunset Review Act 31 in accordance with s. 119.15 and shall stand repealed on October 32 2, 2025, unless reviewed and saved from repeal through 33 reenactment by the Legislature. 34 Section 2. (1) The Legislature finds that it is a public 35 necessity to keep confidential and exempt from public disclosure 36 information contained in a court record which could be used to 37 identify a minor who is petitioning the court for a waiver from 38 the statutory requirement that a parent or legal guardian give 39 consent before the minor may obtain an abortion. The information 40 contained in these records is of a sensitive, personal nature 41 regarding a minor petitioner, release of which could harm the 42 reputation of the minor, as well as jeopardize her safety. 43 Disclosure of this information could jeopardize the safety of 44 the minor in instances when child abuse or child sexual abuse 45 against her is present by exposing her to further acts of abuse 46 from an abuser who, if the information was not held 47 confidential, could learn of her pregnancy, her plans to obtain 48 an abortion, and her petition to the court. 49 (2) The Legislature further finds that it is a public 50 necessity to keep this identifying information in records held 51 by the court confidential and exempt in order to protect the 52 privacy of the minor. The State Constitution contains an express 53 right of privacy in s. 23 of Article I. Further, the United 54 States Supreme Court has repeatedly required parental-consent 55 laws to contain judicial-bypass procedures and to preserve 56 confidentiality at every level of court proceedings in order to 57 protect the privacy rights of the minor. Without the 58 confidentiality and exemption provided in this act, the 59 disclosure of personal identifying information would violate the 60 right of privacy of the minor and would place the 61 constitutionality of the state’s program providing for a 62 judicial waiver of consent in question. Thus, the 63 confidentiality and exemption provided by this act are necessary 64 for the effective administration of the Parental Consent for 65 Abortion Act, for which administration would be impaired without 66 the exemption. 67 Section 3. This act shall take effect on the same date that 68 SB 404 or similar legislation takes effect if such legislation 69 is adopted in the same legislative session or an extension 70 thereof and becomes a law.