2020 Legislature                            CS for CS for SB 406
    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. 390.01114, 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.
   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   31  in accordance with s. 119.15 and shall stand repealed on October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.