Florida Senate - 2021 SB 746 By Senator Rodriguez 39-01085-21 2021746__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 390.302, F.S.; providing an exemption from public 4 records requirements for physician abortion reports 5 filed with the Department of Health; providing 6 exceptions; providing retroactive application; 7 providing for future legislative review and repeal of 8 the exemption under the Open Government Sunset Review 9 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 390.302, Florida Statutes, is created to 15 read: 16 390.302 Physician abortion report exemption from public 17 records request.—A physician abortion report filed with the 18 Department of Health pursuant to s. 390.301(4)(a) is 19 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 20 of the State Constitution. The department may not make such 21 reports available for public inspection, shall maintain the 22 confidentiality of such reports, and may make such reports 23 available only to the following parties in the following 24 circumstances: 25 (1) To the Attorney General or a state attorney with 26 appropriate jurisdiction pursuant to a criminal investigation, 27 including an investigation of the grounds for a criminal action 28 under s. 390.301(4)(d) or (6); or 29 (2) Pursuant to a court order in an action brought under s. 30 390.301(7). 31 32 The exemption under this section applies to reports filed with 33 the department pursuant to s. 390.301(4)(a) before, on, or after 34 January 1, 2022. This section is subject to the Open Government 35 Sunset Review Act in accordance with s. 119.15 and shall stand 36 repealed on October 2, 2026, unless reviewed and saved from 37 repeal through reenactment by the Legislature. 38 Section 2. The Legislature finds that it is a public 39 necessity that a physician abortion report filed with the 40 Department of Health pursuant to s. 390.301(4)(a), Florida 41 Statutes, be made confidential and exempt from disclosure under 42 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 43 State Constitution. A woman’s health, her decision to have an 44 abortion, and the abortion procedure itself are intensely 45 private matters. The content of such a report should not be made 46 public. Protecting the report is necessary to ensure the health 47 care privacy rights of individuals. Making these reports 48 confidential and exempt from disclosure will protect information 49 of a sensitive personal nature, the release of which could cause 50 unwarranted damage to the privacy rights and reputation of an 51 individual. 52 Section 3. This act shall take effect on the same date that 53 SB ___ or similar legislation takes effect, if such legislation 54 is adopted in the same legislative session or an extension 55 thereof and becomes a law.