The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 7018
INTRODUCER: Health Policy Committee
SUBJECT: OGSR/Parental Consent Requirements Before Terminating a Pregnancy
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
Davis Brown HP Submitted as Comm. Bill/Fav
1. McVaney McVaney GO Pre-meeting
2. RC
I. Summary:
SB 7018 saves an existing public record exemption from repeal under the Open Government
Sunset Review Act. The exemption protects 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 exemption protects from disclosure any identifying information held by a circuit or appellate
court, the Office of Criminal Conflict and Civil Regional Counsel, or the Justice Administrative
Commission. These entities may obtain the information when the minor seeks a judicial waiver
from a court, when the Office of Criminal Conflict and Civil Regional Counsel represents the
minor in a court proceeding, or when the Justice Administrative Commission processes
payments for a court-appointed private attorney who represents the minor.
The Open Government Sunset Review Act requires the Legislature to review each public record
five years after enactment. The exemption is scheduled for repeal on October 2, 2025. The bill
removes the scheduled repeal date to continue the confidential and exempt status.
The bill is not expected to affect state and local government revenues and expenditures.
The bill takes effect October 1, 2025.
REVISED: BILL: SB 7018 Page 2
II. Present Situation:
Public Records Law
Background
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
1
This applies to the official business
of any public body, officer, or employee of the state, including all three branches of state
government, local governmental entities, and any person acting on behalf of the government.
2
Chapter 119, F.S., known as the Public Records Act, constitutes the main body of public records
laws.
3
The Public Records Act states that:
[i]t is the policy of this state that all state, county, and municipal records are
open for personal inspection and copying by any person. Providing access to
public records is a duty of each agency.
4
The Public Records Act typically contains general exemptions that apply across agencies.
Agency- or program-specific exemptions often are placed in the substantive statutes relating to
that particular agency or program.
Legislative and Judicial Records
The Public Records Act does not apply to legislative or judicial records.
5
Legislative records are
public pursuant to s. 11.0431, F.S. Public records exemptions for the Legislature are codified
primarily in s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the Legislature.
“Public Records” Defined
Section 119.011(12), F.S., defines “public records” to include:
[a]ll documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business which are intended to “perpetuate,
communicate, or formalize knowledge of some type.”
6
1
FLA. CONST. art. I, s. 24(a).
2
Id. See also, Sarasota Citizens for Responsible Gov’t v. City of Sarasota, 48 So. 3d 755, 762-763 (Fla. 2010).
3
Public records laws are found throughout the Florida Statutes.
4
Section 119.01(1), F.S.
5
Locke v. Hawkes, 595 So. 2d 32, 34 (Fla. 1992); see also Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995).
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc. Inc., 379 So. 2d 633, 640 (Fla. 1980). BILL: SB 7018 Page 3
Access
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
state or local government public record at any reasonable time, under reasonable conditions, and
under supervision by the custodian of the public record.
7
A violation of the Public Records Act
may result in civil or criminal liability.
8
The Legislature’s Exclusive Authority to Create an Exemption
Only the Legislature may create an exemption from public records requirements.
9
An exemption
must be created by general law and must specifically state the public necessity justifying the
exemption.
10
Further, the exemption must be no broader than necessary to accomplish the stated
purpose of the law. A bill enacting an exemption may not contain other substantive provisions
11
and the bill must pass by a two-thirds vote of the members present and voting in each house of
the Legislature.
12
“Exempt” or “Confidential and Exempt”
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those that the Legislature has
determined to be exempt from the Public Records Act and confidential.
13
Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
14
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act (the Act),
prescribe a legislative review process for newly created or substantially amended public records
or open meetings exemptions,
16
with specified exceptions.
17
The Act requires the repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment. In order to
save an exemption from repeal, the Legislature must reenact the exemption or repeal the sunset
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id.
11
The bill may, however, contain multiple exemptions that relate to one subject.
12
FLA. CONST. art. I, s. 24(c)
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th
DCA 1991).
16
Section 119.15, F.S. Section 119.15(4)(b), F.S., provides that an exemption is considered to be substantially amended if it
is expanded to include more records or information or to include meetings.
17
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act. BILL: SB 7018 Page 4
date.
18
In practice, many exemptions are continued by repealing the sunset date, rather than
reenacting the exemption.
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
19
An exemption serves an identifiable purpose if the Legislature finds that the purpose of the
exemption outweighs open government policy and cannot be accomplished without the
exemption and it meets one of the following purposes:
• It allows the state or its political subdivision to effectively and efficiently administer a
program, and administration would be significantly impaired without the exemption;
20
• It protects sensitive, personal information, the release of which would be defamatory or
would jeopardize an individual’s safety. If this public purpose is cited as the basis of an
exemption, however, only personal identifying information is exempt;
21
or
• It protects trade or business secrets.
22
The Act also requires specified questions to be considered during the review process.
23
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If, in reenacting an exemption or repealing the sunset date, the exemption is expanded, then a
public necessity statement and a two-thirds vote for passage are again required.
24
If the
exemption is reenacted or saved from repeal without substantive changes or if the exemption is
narrowed, then a public necessity statement and a two-thirds vote for passage are not required. If
the Legislature allows an exemption to expire, the previously exempt records will remain exempt
unless otherwise provided by law.
25
Parental Notice of and Consent for Abortion Act
In 2020, the Legislature amended The Parental Notice of Abortion Act to also require parental
consent for a physician to perform or induce an abortion on a minor.
26
Unless certain exceptions
apply,
27
the statute now prohibits a physician from performing or inducing an abortion on a
18
Section 119.15(3), F.S.
19
Section 119.15(6)(b), F.S.
20
Section 119.15(6)(b)1., F.S.
21
Section 119.15(6)(b)2., F.S.
22
Section 119.15(6)(b)3., F.S.
23
Section 119.15(6)(a), F.S. The specified questions are:
• What specific records or meetings are affected by the exemption?
• Whom does the exemption uniquely affect, as opposed to the general public?
• What is the identifiable public purpose or goal of the exemption?
• Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
• Is the record or meeting protected by another exemption?
• Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
24
FLA. CONST. art. I, s. 24(c).
25
Section 119.15(7), F.S.
26
Section 390.01114, F.S.; Ch. 2020-147, s. 2.
27
The requirement for parental consent has several exceptions. It does not apply if: parental notice is not required because a
medical emergency exists and notice cannot be accomplished; notice has been waived by a minor who is, or has been BILL: SB 7018 Page 5
minor unless the physician receives a notarized, written consent statement signed, dated, and
initialed on each page by the mother, father, or legal guardian. The consenting parent or guardian
must also provide the physician with a copy of a government-issued proof of identification. The
statute prescribes language that the statement must include, requires documentation that must be
maintained in the physician’s records, provides exceptions for when the consent requirement
does not apply, and specifies a process to obtain a judicial waiver to “bypass” the consent
requirement.
28
Judicial Waiver of Parental Notice and Consent Requirements, or the Judicial Bypass
Proceeding
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 and consent requirements. 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.
29
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 time period may be extended at the
request of the minor.
30
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.
31
If the court finds that the minor does not possess the
requisite maturity to make that determination, it must dismiss the petition.
32
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.
33
married, or has had the disability of nonage removed; or notice is waived 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. The consent requirement also does not
apply if the physician certifies that a medical emergency exists and there is not enough time to obtain consent. Finally,
consent is not required if the minor has obtained a judicial waiver from the circuit court. See s. 390.01114(5)(b), F.S. for the
full text of the statute.
28
Section 390.01114(5) and (6), F.S.
29
Section 390.01114(6)(a), F.S.
30
Section 390.01114(6)(b)1., F.S.
31
Section 390.01114(6)(c), F.S.
32
Id.
33
Section 390.01114(6)(d), F.S. BILL: SB 7018 Page 6
Roles of the Office of Criminal Conflict and Civil Regional Counsel and the
Justice Administrative Commission
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.
34
When a minor initiates a judicial bypass
proceeding in the circuit court, a private court-appointed attorney is available to represent her
upon request.
35
The statute is clear that private court-appointed counsel approved for this type of
work is to 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 will supply an attorney for the proceedings.
36
Any record that could identify a minor
while in an office’s possession is exempt from public disclosure requirements.
The Justice Administrative Commission
The Justice Administrative Commission is a state agency that was created in 1965 to provide
administrative services for judicial-related offices.
37
One of the Commission’s roles is to process
the invoices for the attorneys who volunteer for the judicial bypass cases. Similarly, any record
that could identify a minor in the Commission’s possession is exempt from public disclosure
requirements.
According to the Justice Administrative Commission’s staff, any invoice it receives from a
private attorney does not contain the full name of the minor. The Commission asks the attorneys
to use only the minor’s initials when submitting an invoice. Once an invoice is received, the
name “Jane Doe” is entered into the system and substituted for the minor’s initials. If an attorney
mistakenly submits a minor’s first name, the staff redacts the name and then locks the redaction
so that no one may discover it.
Data Published by the Office of the State Courts Administrator – Annual Number of
Petitions Filed for Judicial Bypass Waivers
The Florida Supreme Court, through the Office of the State Courts Administrator, is required to
report by February 1 of each year to the Governor, the President of the Senate, and the Speaker
of the House of Representatives the number of petitions filed for judicial bypass waivers in the
previous year for each circuit court. The report must also contain the timing and manner of
disposal of the petitions by each circuit.
38
Below is a statewide summary of the number of
petitions filed in the past five years.
39
34
Ch. 2007-62, s. 1, Laws of Fla.
35
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. Section 27.40(3)(a), F.S.
36
Section 27.511(6)(a), F.S.
37
See https://www.justiceadmin.org/.
38
Section 390.01114(8), F.S.
39
Florida Office of the State Court Administrator, Fiscal Years 2020-2024, Parental Notice of and Consent for Abortion Act,
Petitions Filed and Disposed By Circuit and County, January through December (on file with the Senate Committee on
Health Policy). BILL: SB 7018 Page 7
Total
Year Petitions Filed
2024 130
2023 170
2022 228
2021 216
2020 195
Total 939
Professional Staff’s Open Government Sunset Review
During the summer and fall of 2025, Senate committee staff, working with staff from the House
of Representatives, conducted an Open Government Sunset Review as required by statute. Staff
surveyed the state county clerks of court, the Office of Criminal Conflict and Civil Regional
Counsel, and the Justice Administrative Commission to determine whether they supported
continuing the public record exemption for minors seeking a judicial bypass.
Data Reported from the County Clerks of Court for Judicial Bypass Waivers
The 67 county clerks of court were surveyed to determine:
• The number of petitions that had been filed between January 2020 and November 2024,
seeking a judicial waiver of parental notice and consent for termination of a pregnancy.
• The number of times the clerk’s office had received a public records request for the minor’s
identifying information.
• Whether the office believed this information should be available to the public.
• Whether the office believed the exemption should be reenacted, repealed, or modified in
some form.
Of the 67 clerk offices that received surveys, 53 offices responded for a response rate of
79 percent.
Number of Petitions Filed Seeking a Judicial Waiver from January 2020 – November 2024
The 53 clerk’s offices reported that they had received a combined total of 726 petitions for
judicial waiver.
40
Number of Public Records Requests Received from January 2020 – November 2024
Only one office reported a request for identifying information in the five-year span.
Whether the Minor’s Identifying Information Should Be Made Available to the Public
• No – 47
• Yes, because the information should be available to the minor’s parents – 1
• Only if a criminal subpoena is involved – 1
40
The difference between the number of petitions reported by the Office of the State Courts Administrator, 939, and the
number reported by the county clerks, 726, for a discrepancy of 213 petitions, could be explained by the fact that 14 county
clerks did not respond to the survey. BILL: SB 7018 Page 8
• Did not answer the question – 4
Whether the Exemption Should be Reenacted, Repealed, or Modified
These responses varied but the majority responded that the exemption should be reenacted as it is
currently written. The responses were:
• Reenact the exemption as it is currently written – 41
• Repeal the exemption because parents have a right to know – 2
• Reenact the exemption with changes because the minor’s parents should know – 3
• Did not answer the question – 7
Data Reported from the Office of Criminal Conflict and Civil Regional Counsel and
Justice Administrative Commission
Office of Criminal Conflict and Civil Regional Counsel
Surveys were sent to the five regional offices, and four offices responded. The offices reported
handling a total of 64 petitions from January 2020 through November 2024.
Three offices recommended reenacting the exemption as it currently exists, and one office
recommended reenacting the exemption with changes.
Justice Administrative Commission
Because the Justice Administrative Commission serves in an administrative capacity to process
the invoices for the attorneys who volunteer for the judicial bypass hearings, the Commission has
no direct involvement with these minors. As such, the Commission did not register an opinion on
whether the exemption should be repealed, reenacted as is, or reenacted with changes.
Committee Open Government Sunset Review Recommendation
Based upon a review of this public record exemption under the Open Government Sunset
Review Act and information received from the clerks of county court, Offices of Criminal
Conflict and Civil Regional Counsel, and the Justice Administrative Commission, committee
staff recommends that the Legislature retain the public records exemption established in
s. 390.01118, F.S. The clerks and volunteer attorneys support continuing the exemption to
protect the privacy of the minor seeking to bypass the parental notification and consent
requirements.
III. Effect of Proposed Changes:
SB 7018 continues a public records exemption that was created in 2020 which will otherwise be
repealed on October 2, 2025. The exemption protects from disclosure any identifying
information of a minor seeking a judicial bypass under the Parental Notice of and Consent for
Abortion Act if the information is held by a circuit or appellate court, an Office of Criminal
Conflict and Civil Regional Counsel, or by the Justice Administrative Commission.
BILL: SB 7018 Page 9
Section 1 amends s. 390.01118, F.S., to remove the scheduled repeal of the public records
exemption for identifying information held by the circuit and appellate courts, the Offices of
Criminal Conflict and Civil Regional Counsel, or the Justice Administrative Commission.
Section 2 provides that the bill takes effect on October 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, or reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. Because this bill continues a current public records
exemption beyond its current date of repeal, it does not require an extraordinary vote for
enactment.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The private sector will continue to be subject to the cost associated with an agency’s
review and redactions of exempt records in response to a public records request. BILL: SB 7018 Page 10
C. Government Sector Impact:
The government sector will continue to incur costs related to the review and redaction of
exempt records associated with responding to public records requests.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends s. 390.01118 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.