Bill Text: FL S1198 | 2010 | Regular Session | Comm Sub

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Bill Title: OGSR/Identification of a Minor [SPSC]

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-22 - Placed on Special Order Calendar; Read 2nd time -SJ 00750; Substituted HB 7115 -SJ 00750; Laid on Table, companion bill(s) passed, see HB 7115 (Ch. 2010-41) -SJ 00750 [S1198 Detail]

Download: Florida-2010-S1198-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1198 
 
By the Committees on Governmental Oversight and Accountability; 
and Judiciary 
585-02364-10                                          20101198c1 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 390.01116, F.S., 
4         relating to a public-records exemption for information 
5         contained in court files which identifies a minor 
6         petitioning for a waiver of the notice requirements 
7         contained in the Parental Notice of Abortion Act; 
8         saving the exemption from repeal under the Open 
9         Government Sunset Review Act; expanding the public 
10         records exemption to include information in the 
11         possession of the Office of Criminal Conflict and 
12         Civil Regional Counsel or the Justice Administrative 
13         Commission which identifies such a minor; providing 
14         for future legislative review and repeal of the 
15         expanded portion of the exemption under the Open 
16         Government Sunset Review Act; providing a statement of 
17         public necessity; repealing s. 2, ch. 2005-104, Laws 
18         of Florida, relating to the scheduled repeal of the 
19         public-records exemption; providing an effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Section 390.01116, Florida Statutes, is amended 
24  to read: 
25         390.01116 Confidentiality of identifying information; 
26  minors seeking waiver of notice requirements Waiver of notice 
27  petition; confidentiality.— 
28         (1) Any information that can be used to identify When a 
29  minor petitioning petitions a circuit court for a judicial 
30  waiver, as provided in s. 390.01114, of the notice requirements 
31  under the Parental Notice of Abortion Act pertaining to a minor 
32  seeking to terminate her pregnancy, any information in a record 
33  held by the circuit court or an appellate court which could be 
34  used to identify the minor is: 
35         (a) Confidential and exempt from s. 119.07(1) and s. 24(a), 
36  Art. I of the State Constitution if held by a circuit court or 
37  an appellate court. 
38         (b) Confidential and exempt from s. 119.07(1) and s. 24(a), 
39  Art. I of the State Constitution if held by the Office of 
40  Criminal Conflict and Civil Regional Counsel or the Justice 
41  Administrative Commission. 
42         (2) Paragraph (1)(b) is subject to the Open Government 
43  Sunset Review Act in accordance with s. 119.15 and shall stand 
44  repealed on October 2, 2015, unless reviewed and saved from 
45  repeal through reenactment by the Legislature. 
46         Section 2. (1) The Legislature finds that it is a public 
47  necessity to make confidential and exempt from public-records 
48  requirements any information that can be used to identify a 
49  minor petitioning a circuit court for a judicial waiver from the 
50  statutory requirement that a parent or legal guardian be 
51  notified when that minor seeks to terminate her pregnancy when 
52  such information is held by the Office of Criminal Conflict and 
53  Civil Regional Counsel or the Justice Administrative Commission. 
54  During representation of minors in judicial-waiver cases under 
55  the Parental Notice of Abortion Act, the Office of Criminal 
56  Conflict and Civil Regional Counsel may obtain identifying 
57  information from the minors. Similarly, the Justice 
58  Administrative Commission may receive identifying information of 
59  minors which is related to the processing of attorney billing 
60  and payment requests for representation in these cases. Because 
61  the information contained in these records is of a sensitive, 
62  personal nature regarding a minor petitioner, and because the 
63  Office of Criminal Conflict and Civil Regional Counsel and the 
64  Justice Administrative Commission are subject to public-records 
65  requests, the release of this information could harm the 
66  reputation of the minor, as well as jeopardize her safety. 
67  Disclosure of this information could jeopardize the safety of 
68  the minor in instances when child abuse or child sexual abuse 
69  against her is present by exposing her to further acts of abuse 
70  from an abuser who, without the public-records exemption, could 
71  learn of the minor’s pregnancy, her plans to terminate the 
72  pregnancy, and her petition to the court. 
73         (2) The Legislature further finds that it is a public 
74  necessity to keep this identifying information in records held 
75  by the Office of Criminal Conflict and Civil Regional Counsel or 
76  the Justice Administrative Commission confidential and exempt in 
77  order to protect the privacy of the minor. The State 
78  Constitution contains an express right of privacy in Section 23 
79  of Article I. In addition, the United States Supreme Court has 
80  repeatedly required parental-notification laws to contain 
81  judicial-bypass procedures that preserve the anonymity of the 
82  minor at every level of the court process in order to protect 
83  the privacy rights of the minor. Without the confidential and 
84  exempt status for this information while held by the Office of 
85  Criminal Conflict and Civil Regional Counsel or the Justice 
86  Administrative Commission, as well as by the circuit or 
87  appellate courts, the constitutionality of the state’s program 
88  providing for notification of a minor’s termination of 
89  pregnancy, and the judicial-bypass procedure in particular, 
90  would be in question. Thus, the public-records exemption 
91  provided in this act is also necessary for the effective 
92  administration of the state’s program, the administration of 
93  which would be impaired without the exemption. 
94         Section 3. Section 2 of chapter 2005-104, Laws of Florida, 
95  is repealed. 
96         Section 4. This act shall take effect upon becoming a law.