STORAGE NAME: h7025.SAC
DATE: 3/31/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 7025 PCB GOS 25-07
TITLE: OGSR/Parental Consent Requirements Before
Terminating a Pregnancy
SPONSOR(S): Greco
COMPANION BILL: SB 7018
LINKED BILLS: None
RELATED BILLS: None
Committee References
Orig. Comm.: Government Operations
16 Y, 0 N
State Affairs
SUMMARY
Effect of the Bill:
The bill saves from repeal the public record exemption for certain information that can be used to identify a minor
who is petitioning for a judicial waiver of parental consent under the Parental Notice of and Consent for Abortion
Act. The public record exemption will repeal on October 2, 2025, if the bill does not become law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal, created pursuant to the Open Government Sunset Review Act, of the public
record exemption for any information held by a circuit or appellate court, the Office of Criminal Conflict and Civil
Regional Counsel, or the Justice Administrative Commission that can be used to identify a minor who is petitioning
a circuit court for a judicial waiver of parental consent under the Parental Notice of and Consent for Abortion Act.
The public record exemption will repeal on October 2, 2025, if the bill does not become a law. (Section 1)
The effective date of the bill is October 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review (OGSR) Act
1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2
nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.
2
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption.
Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision.
1
S. 119.15, F.S.
2
S. 119.15(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Protect trade or business secrets.
3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.
4
Parental Notice of and Consent for Abortion Act
Prior to 2020, before a physician could perform an abortion on a minor, the physician had to notify the parents, but
consent was not required. In 2020, the Legislature amended the Parental Notice of Abortion Act to also require
parental consent.
5 Unless certain exceptions apply,
6 current law prohibits a physician from performing or inducing
an abortion on a minor unless the physician provides actual or constructive parental notice and receives a
notarized, written consent statement signed, dated, and initialed on each page by the mother, father, or legal
guardian.
7 The consenting parent or guardian must also provide the physician with a copy of a government-issued
proof of identification. Current law prescribes language that the consent statement must include, requires
documentation that must be maintained in the physician’s records, and specifies a process to obtain a judicial
waiver to bypass the notice and consent requirements.
8
Judicial Waiver of Parental Notice and Consent Requirements
The Parental Notice of and Consent for Abortion Act authorizes a minor to petition a circuit court where she
resides for a waiver of the parental notice or consent requirements, or both. To initiate the process, a minor may
file the petition under a pseudonym or by using initials, as provided by court rule. The petition must contain a
statement that the petitioner is pregnant and that the notice and consent requirements of the law have not been
waived. The court must advise the petitioner that she has a right to court-appointed counsel and if she requests
counsel, it will be provided to her at no cost.
9
Once a petition is filed, the court must rule and issue written findings of fact and conclusions of law within three
business days after the petition is filed. This timeframe may be extended at the request of the minor.
10
If the circuit court determines, by clear and convincing evidence, that the minor is sufficiently mature to decide
whether to terminate her pregnancy, the court must issue an order authorizing the minor to consent to the
abortion.
11 If the court finds that the minor does not possess the requisite maturity to make that determination, it
must dismiss the petition.
12 If the court determines by a preponderance of the evidence that the minor is a victim of
child abuse or sexual abuse inflicted by her parent or guardian, or if the court determines by clear and convincing
evidence that the notification or consent requirement of a parent or guardian is not in her best interest, the court
must issue an order authorizing the minor to consent to the performance or inducement of a termination of the
pregnancy.
13
3
S. 119.15(6)(b), F.S.
4
Art. I, s. 24(c), FLA. CONST.
5
Ch. 2020-147, L.O.F.; codified in s. 390.01114, F.S., which is now referred to as the “Parental Notice of and Consent for
Abortion Act.”
6
Section 390.01114(4)(b) and (5)(b), F.S., provides several exceptions to the notice and consent requirements. For example,
parental notice is not required if a physician certifies that a medical emergency exists and there is not enough time to obtain
consent; when a notice has been waived by a minor who is, or has been married; when a minor has had the disability of
nonage removed; or because the patient has a minor child dependent on her. Parental consent is not required if notice is not
required because the minor’s parent or legal guardian has waived the right to receive notice and waived the right to consent in
a signed and notarized statement. Finally, notice and consent are not required if the minor has obtained a judicial waiver from
the circuit court.
7
S. 390.01114(4)(a) and (5)(a), F.S.
8
S. 390.01114(5) and (6), F.S.
9
S. 390.01114(6)(a), F.S.
10
S. 390.01114(6)(b), F.S.
11
S. 390.01114(6)(c), F.S.
12
Id.
13
S. 390.01114(6)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Any information that can be used to identify a minor petitioning a circuit court for a judicial waiver of the notice
requirements under the Act is confidential and exempt if held by a circuit court or appellate court, or if held by the
Office of Criminal Conflict and Civil Regional Counsel or the Justice Administrative Commission.
14 The OGSR review
for the public records exemption relating to the judicial bypass proceeding for parental notification was conducted
in 2015.
15
The Office of Criminal Conflict and Civil Regional Counsel
The Legislature created the Office of Criminal Conflict and Civil Regional Counsel in 2007 to represent people
entitled to court-appointed counsel.
16 When a minor initiates a judicial bypass proceeding in the circuit court, a
private court-appointed attorney is available to represent her upon request.
17 Current law provides that private
court-appointed counsel approved for this type of work must be used first for minors who request counsel, but if
no attorney is available through the clerk’s list of attorneys, then the Office of Criminal Conflict and Civil Regional
Counsel in that area may supply an attorney for the proceedings.
18
Justice Administrative Commission
The Justice Administrative Commission is a state agency that was created in 1965 to provide administrative
services for judicial-related offices.
19 One of the Commission’s roles is to process the invoices for the attorneys who
volunteer for the judicial bypass cases.
Public Record Exemption under Review
In 2020, the Legislature created a public record exemption for any information held by a circuit or appellate court,
the Office of Criminal Conflict and Civil Regional Counsel, or the Justice Administrative Commission that can be
used to identify a minor who is petitioning a circuit court for a judicial waiver of parental consent under the
Parental Notice of Consent for Abortion Act.
The 2020 public necessity statement
20 provided that the information contained in a court record that could
identify a minor who is petitioning the court for a waiver from the parental consent requirement before a minor
may obtain an abortion is sensitive and personal information, and if released, “could harm the reputation of the
minor,” as well as “jeopardize the safety of the minor in instances when child abuse or child sexual abuse against
her is present by exposing her to further acts of abuse from an abuser.”
21
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2025, unless saved from repeal by the
Legislature.
22
During the 2024 interim, House and Senate committee staff surveyed the county clerks of court, the Office of
Criminal Conflict and Civil Regional Counsel, and the Justice Administrative Commission to determine whether
such entities support the continuance of the public record exemption for the personal identifying information of a
minor seeking a judicial bypass. The survey results conveyed that the exemption should be reenacted as is.
14
S. 390.01116, F.S.
15
Ch. 2015-74, L.O.F.
16
Ch. 2007-62, L.O.F.; see s. 27.511, F.S.
17
Section 27.40(3)(a), F.S., provides that the chief judge of the circuit maintains a list of qualified attorneys in private practice,
by county and by category of cases, and provides the list to the clerk of court in each county.
18
S. 27.511(6)(a), F.S.
19
S. 43.16, F.S. See also Justice Administrative Commission, About (last visited Mar. 16, 2025).
20
Art. I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
21
Ch. 2020-148, L.O.F.
22
S. 390.01118(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Orig. Comm.: Government
Operations Subcommittee
16 Y, 0 N 3/25/2025 Toliver Walker
State Affairs Committee Williamson Walker