Florida Juvenile Procedure Rule 8.820
RULE 8.820. HEARING
(a) Hearing by Judge. A judge shall conduct an informal
hearing on the petition within the time limits provided by law and
these rules. General magistrates and special magistrates shall not
hear a petition for a judicial waiver.
(b) Evidence. The judge shall hear evidence relating to the
emotional development, maturity, intellect, and understanding of
the minor, and all other relevant evidence.
(c) Burdens of Proof.
(1) A finding that the minor is sufficiently mature to
decide whether to terminate her pregnancy requires proof by clear
and convincing evidence.
(2) A finding that the minor is a victim of child abuse or
sexual abuse inflicted by one or both of her parents or a legal
guardian requires proof by a preponderance of the evidence.
(3) A finding that notice to and consent or consent only
from a parent or legal guardian is not in the best interests of the
minor requires proof by clear and convincing evidence.
(d) Time Limits. As provided by law:
(1) Cases commenced under this rule take precedence
over other pending matters as necessary to ensure that the court
can make its ruling and issue written findings of fact and
conclusions of law within 3 business days of the filing of the
petition.
(2) The 3-business-day time limit may be extended at
the request of the minor; however, the court remains under an
obligation to rule on the petition as soon as practically possible.
(3) If the court fails to rule within the 3-business-day
period and an extension has not been requested by the minor, the
minor may immediately thereafter petition the chief judge of the
circuit for a hearing. The chief judge must ensure that a hearing is
held within 48 hours after receipt of the minor’s petition, and an
order is entered within 24 hours after the hearing.
(e) Confidentiality of Hearings. Hearings under this part
shall be closed to the public and all records thereof shall remain
confidential as provided by law. Persons other than the petitioner
may be permitted to attend the hearing at the request of the
petitioner. The court shall advise all persons in attendance that the
hearing is confidential. Subject to a judge’s availability as required
under law, hearings held under this part must be held in chambers
or in a similarly private and informal setting within the courthouse.
(a) Hearing by Judge. A judge shall conduct an informal
hearing on the petition within the time limits provided by law and
these rules. General magistrates and special magistrates shall not
hear a petition for a judicial waiver.
(b) Evidence. The judge shall hear evidence relating to the
emotional development, maturity, intellect, and understanding of
the minor, and all other relevant evidence.
(c) Burdens of Proof.
(1) A finding that the minor is sufficiently mature to
decide whether to terminate her pregnancy requires proof by clear
and convincing evidence.
(2) A finding that the minor is a victim of child abuse or
sexual abuse inflicted by one or both of her parents or a legal
guardian requires proof by a preponderance of the evidence.
(3) A finding that notice to and consent or consent only
from a parent or legal guardian is not in the best interests of the
minor requires proof by clear and convincing evidence.
(d) Time Limits. As provided by law:
(1) Cases commenced under this rule take precedence
over other pending matters as necessary to ensure that the court
can make its ruling and issue written findings of fact and
conclusions of law within 3 business days of the filing of the
petition.
(2) The 3-business-day time limit may be extended at
the request of the minor; however, the court remains under an
obligation to rule on the petition as soon as practically possible.
(3) If the court fails to rule within the 3-business-day
period and an extension has not been requested by the minor, the
minor may immediately thereafter petition the chief judge of the
circuit for a hearing. The chief judge must ensure that a hearing is
held within 48 hours after receipt of the minor’s petition, and an
order is entered within 24 hours after the hearing.
(e) Confidentiality of Hearings. Hearings under this part
shall be closed to the public and all records thereof shall remain
confidential as provided by law. Persons other than the petitioner
may be permitted to attend the hearing at the request of the
petitioner. The court shall advise all persons in attendance that the
hearing is confidential. Subject to a judge’s availability as required
under law, hearings held under this part must be held in chambers
or in a similarly private and informal setting within the courthouse.