July 10, 2020
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_h7115__
HB 7115

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 390.01116, F.S., which
4provides an exemption from public records requirements for
5information that could identify a minor which is contained
6in a record relating to a minor's petition to waive notice
7requirements when terminating a pregnancy; repealing s. 2,
8ch. 2005-104, Laws of Florida, which provides for repeal
9of the exemption; making editorial changes; expanding the
10exemption to include such information held by the office
11of criminal conflict and civil regional counsel or the
12Justice Administrative Commission; providing for future
13legislative review and repeal of the exemption under the
14Open Government Sunset Review Act; providing a statement
15of public necessity; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 390.01116, Florida Statutes, is amended
20to read:
21     390.01116  Public records exemptions; minors seeking waiver
22of notice requirements petition; confidentiality.-Any
23information that can be used to identify When a minor
24petitioning petitions a circuit court for a judicial waiver, as
25provided in s. 390.01114, of the notice requirements under the
26Parental Notice of Abortion Act pertaining to a minor seeking to
27terminate her pregnancy, any information in a record held by the
28circuit court or an appellate court which could be used to
29identify the minor is:
30     (1)  Confidential and exempt from s. 119.07(1) and s.
3124(a), Art. I of the State Constitution if held by a circuit
32court or an appellate court.
33     (2)(a)  Confidential and exempt from s. 119.07(1) and s.
3424(a), Art. I of the State Constitution if held by the office of
35criminal conflict and civil regional counsel or the Justice
36Administrative Commission.
37     (b)  Paragraph (a) is subject to the Open Government Sunset
38Review Act in accordance with s. 119.15 and shall stand repealed
39on October 2, 2015, unless reviewed and saved from repeal
40through reenactment by the Legislature.
41     Section 2.  The Legislature finds that it is a public
42necessity to make confidential and exempt from public records
43requirements any information that can be used to identify a
44minor petitioning a circuit court for a judicial waiver from the
45statutory requirement that a parent or legal guardian be
46notified when that minor seeks to terminate her pregnancy when
47such information is held by the office of criminal conflict and
48civil regional counsel or the Justice Administrative Commission.
49The information contained in these records is of a sensitive,
50personal nature regarding a minor petitioner, the release of
51which could harm the reputation of the minor, as well as
52jeopardize her safety. Disclosure of this information could
53jeopardize the safety of the minor in instances in which child
54abuse or child sexual abuse against her is present by exposing
55her to further acts of abuse from an abuser who, without the
56public record exemption, could learn of the minor's pregnancy,
57her plans to terminate the pregnancy, and her petition to the
58court. The Legislature further finds that it is a public
59necessity to keep this identifying information in records held
60by the office of criminal conflict and civil regional counsel or
61the Justice Administrative Commission confidential and exempt in
62order to protect the privacy of the minor. The State
63Constitution contains an express right of privacy in Section 23
64of Article I. Further, the United States Supreme Court has
65repeatedly required parental-notification laws to contain
66judicial-bypass procedures and to preserve confidentiality at
67every level of court proceedings in order to protect the privacy
68rights of the minor. Without the public record exemption
69provided in this act, the disclosure of personal identifying
70information would violate the right of privacy of the minor.
71Further, without the confidential and exempt status for this
72information, the constitutionality of the state's program
73providing for notification of a minor's termination of
74pregnancy, and the judicial-bypass procedure in particular,
75would be in question. Thus, the public record exemption provided
76in this act is necessary for the effective administration of the
77state's program, which administration would be impaired without
78the exemption.
79     Section 3.  Section 2 of chapter 2005-104, Laws of Florida,
80is repealed.
81     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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