Arrestable Offenses / Crimes under Fla. Stat. 390.01114
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3007102
...A minor employing the pseudonym Jane Doe challenges a final order dismissing her petition for judicial waiver of the statutory requirement that her physician notify her *280 parent or guardian prior to terminating her pregnancy. We reverse. The proceeding below arose pursuant to section 390.01114, Florida Statutes (2005). That law requires a physician to notify a minor's parent or legal guardian at least 48 hours before performing an abortion on that minor. § 390.01114(3)(a). The statute excuses the notice requirement under five circumstances, one of them being that the minor has successfully petitioned a circuit court to waive it. § 390.01114(3)(b)(5)....
...evidence of child abuse or sexual abuse of the petitioner by one or both of her parents or her legal guardian"; or (3) by a preponderance of the evidence, that "the notification of a parent or guardian is not in the best interest of the petitioner." § 390.01114(4)(c), (d)....
...If the court does not find that any of these conditions have been met, it must dismiss the petition. Id. The statute further provides that, unless the minor requests an extension, the petition will be deemed granted if the court does not rule on it within 48 hours of its filing. § 390.01114(4)(b)....
...At the conclusion of the hearing, the circuit court dismissed the petition by an order in the form suggested by Florida Rule of Juvenile Procedure 8.991. The order stated: The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of the parental notification requirement of Section 390.01114(3), Florida Statutes, for the following reasons: The child currently resides with her parents and suspects that she is pregnant pursuant to a home pregnancy test....
...Further, the child recognizes that she enjoys a good relationship with her parents but is concerned that advising them of her pregnancy would cause the relationship to change. The child has not established that a waiver would be in her best interest. The provisions set forth in Florida Statute § 390.01114(3)(b) are not applicable. The grounds set forth in § 390.01114(4)(c) have not been established by clear and convincing evidence. The grounds set forth in § 390.01114(4)(d) have not been established by a preponderance of the evidence, and in fact, are not applicable in this cause ....
...However, Florida's statute is similar to several that have been adopted in other states, and we have been assisted by judicial interpretations of those laws. Under the statute, our starting point must be the findings of fact set forth in the circuit court's order. Section 390.01114(4)(e) requires the court to "issue written and specific factual findings and legal conclusions supporting its decision....
...ds as they relate to the specific petitioner before it. Thus, *283 the statute provides that "the court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor, and all other relevant evidence." § 390.01114(4)(e)....
...The legislative concern for speed and efficiency is so important that it is permitted to trump all other considerations contained in the bypass provision. Hence, the statute provides that if the circuit court does not rule on a waiver petition within 48 hours, it is deemed granted. §
390.01114(4)(b); see also In re A.S.,
909 So.2d 524 (Fla. 1st DCA 2005). At the same time, the statute calls for an expedited appeal of an order denying a waiver petition. §
390.01114(4)(f). The legislature requested that the supreme court adopt rules to ensure that judicial bypass proceedings "are handled expeditiously and in a manner consistent with this act." §
390.01114(5)....
...Moreover, our examination of the record convinces us that there would be little, if anything, to be gained from such an endeavor. Accordingly, the order is reversed. In accordance with rule 9.110(n), Jane Doe's petition for a judicial waiver of the parental notification required in section 390.01114 is deemed granted....
...DAVIS, Judge, Dissenting. I respectfully dissent. I would affirm the trial court's dismissal of the petition for judicial waiver because the petitioner *287 failed to make the necessary showing that would entitle her to relief. Proceedings pursuant to section 390.01114, Florida Statutes (2005), are somewhat different from the routine evidentiary hearing....
...convincing evidence" that the minor is "sufficiently mature" to make the decision to terminate the pregnancy or if the court finds by "a preponderance of the evidence" that notification of the parents "is not in the best interest of the petitioner." § 390.01114(4)(c), (d). The statute further provides that the petitioner shall be given court-appointed counsel without cost to assist the petitioner at the hearing. § 390.01114(4)(a)....
...Finally, the statute requires that the trial court "shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor, and all other relevant evidence" and shall issue "written and specific factual findings and legal conclusions supporting its decision." § 390.01114(4)(e)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 53616
...The appellant, a minor, challenges the final order dismissing her petition for judicial waiver of the statutory requirement that her physician notify her parent or guardian prior to terminating her pregnancy. We affirm because the minor has failed to carry her burden of proving the grounds for a waiver under section 390.01114, Florida Statutes (2007), alleged in her petition. Section 390.01114(2)(a) requires a physician to notify a minor's parent or legal guardian at least forty-eight hours before performing an abortion on that minor. A minor may petition a circuit court to waive the notification requirement. § 390.01114(4)(a)....
...parental notification requirement. We agree. In arguing for reversal, the minor asserts that she is sufficiently mature to decide whether to terminate her pregnancy. The statute requires that she establish maturity by clear and convincing evidence. § 390.01114(4)(c)....
...lopment, maturity, intellect, and understanding of the minor, and all other relevant evidence" and at a minimum, provides a sound starting point in attempting to determine whether a minor is sufficiently mature to decide whether to have an abortion. § 390.01114(4)(e)....
...e circuit court [was] not likely to yield findings sufficient to deny the waiver petition." Id. at 283. Here, a reversal and remand for additional findings, even if it could be accomplished in a manner consistent with the time constraints imposed by section 390.01114(4)(b) and Florida Rule of Appellate Procedure 9.110(n), could not possibly yield findings sufficient to grant the minor's waiver petition....
...My reasoning is more fully explained below. I. Background The appellant, Jane Doe, a minor who will turn eighteen in a few months time, sought to terminate her pregnancy without the requirement of Florida law that her parents be notified of the impending procedure. § 390.01114, Fla....
...anc consideration was necessary because the case is one of exceptional importance because it may "affect large numbers of persons" or "implicates `fundamental legal or constitutional rights.'" [3] I agree with Ms. Doe that the procedures outlined in section 390.01114 may affect large numbers of persons and that a woman's decision to terminate a pregnancy implicates a fundamental legal and constitutional right....
...be remembered that facts must first be placed in evidence before the trial judge can make appropriate findings. V. Concluding Observations Presently, there appears to be no bar preventing Ms. Doe from filing a new petition seeking judicial by-pass. Section 390.01114 contains no language that limits a petitioner to but one petition....
...Wade v. Hirschman,
903 So.2d 928, 932-33 (Fla.2005). Ms. Doe's circumstances do not fit the requirements of res judicata because, first of all, there has not been a final judgment on the merits. In accordance with the mandate of the statute, see sections
390.01114(4)(c) and (d), the trial judge dismissed her petition when he found that she had not made the required evidentiary showing....
...2926,
111 L.Ed.2d 344 (1990); Planned Parenthood of Cent. Mo. v. Danforth,
428 U.S. 52, 75,
96 S.Ct. 2831,
49 L.Ed.2d 788 (1976); In re T.W.,
551 So.2d 1186, 1194-95 (Fla.1989). Florida's legislature has imposed a condition on the exercise of this right in section
390.01114(3)(a), Florida Statutes (2006), which requires a physician to notify a minor's parent or legal guardian at least 48 hours before performing an abortion on the minor. §
390.01114(3)(a). The statute excuses the notice requirement under five circumstances, one of them being that the minor has successfully petitioned a circuit court to waive it. §
390.01114(3)(b)(5)....
...evidence of child abuse or sexual abuse of the petitioner by one or both of her parents or her legal guardian"; or (3) by a preponderance of the evidence, that "the notification of a parent or guardian is not in the best interest of the petitioner." § 390.01114(4)(c), (d)....
...he petition. Id. The statute further provides that, unless the minor requests an extension, the petition will be deemed granted if the court does not rule on it and issue written findings of fact and conclusions of law within 48 hours of its filing. § 390.01114(4)(b). Importantly, the statute mandates that a court conducting a judicial bypass proceeding must provide for a written transcript and that its order must contain "specific factual findings and legal conclusions supporting its decision." § 390.01114(4)(e)....
...Even if the judge had otherwise kept his thoughts to himself, these remarks by themselves warranted a reversal. The judge's decision must also be reversed for his failure to abide by the statutory requirement that the court's written order contain "specific factual findings and legal conclusions supporting its decision." § 390.01114(4)(e)....
...The judge employed a form order prescribed by Florida Rule of Juvenile Procedure 8.991. The form language of the order stated: "The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of the parental notification requirement of Section 390.01114(3), Florida Statutes, for the following reasons:....
...filed, except that the 48-hour limitation may be extended at the request of the minor. If the court fails to rule within the 48-hour period and an extension has not been requested, *568 the petition is granted, and the notice requirement is waived. § 390.01114(b) (emphases supplied)....
...1st DCA 2006) (reversing dismissal of bypass petition because trial court erroneously disqualified the petitioner's counsel, and holding that the case could not be remanded for a new hearing because a remand would violate the time limits specified in section 390.01114)....
...debate on these issues. I would emphasize that I merely vote to reconsider this case en banc, and have not decided how I would actually rule on the merits of the case. The trial court did not make the factual findings mandated by the legislature in section 390.01114(4)(e)....
...he record did not contain competent, substantial evidence from which a trial judge could decide, under the clear and convincing standard, that this seventeen-year-old petitioner was "sufficiently mature to decide whether to terminate her pregnancy." § 390.01114(4)(c)....
...ly related concepts, a petitioner may prove maturity without necessarily revealing all private aspects of her decision to seek an abortion. I see nothing in the record to indicate that the trial judge applied the correct legal standard enunciated in section 390.01114(4)(c) or that he understood that the petitioner's maturity was the critical issue that he needed to decide....
...is little dispute that Ms. Doe failed to carry her burden of proof under subsection 4(d). Therefore, my discussion will be limited to her showing under subsection (4)(c), the "sufficiently mature" basis entitling the minor to a judicial by-pass. [5] Section 390.01114(4)(e) provides, "the trial court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor, and all other relevant evidence." These are examples of the important factors the legis...
...[9] Section
59.041, Florida Statutes (2007), provides that "[n]o judgment shall be set aside or reversed . . . for error as to any matter of . . . procedure," unless it is apparent "that the error complained of has resulted in a miscarriage of justice." [10] Section
390.01114(4) requires the trial court to rule and issue written findings of fact and conclusions of law within forty-eight hours after the petition is filed....
...The trial judge, using a form approved by the supreme court, placed his initials in the appropriate place on the form to indicate his finding that the minor had failed to prove by sufficient evidence any of the criteria that permit a judicial waiver of the notification requirements of section 390.01114(3)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...s petition for judicial waiver of parental notice of termination of pregnancy, the appellant asserts that her petition must be deemed granted because the trial court did not render a final order on the petition within the 48-hour period specified in section 390.01114(4)(b), Florida Statutes (2005)....
...circuit court to place a certificate to this effect in the file and provide the appellant with a certified copy of the certificate. On August 11, 2005, the appellant filed her petition for judicial waiver of the parental notification as specified in section 390.01114, and a hearing on the petition was conducted on August 12, 2005....
...Later on August 12, 2005, the trial court entered an order by which the appellant's petition was "dismissed without prejudice to amend or supplement." The appellant filed an amended petition which was finally dismissed by the August 19, 2005, final order under review. Section 390.01114(4), relating to the judicial waiver of parental notification procedures to be followed in the trial courts, and Florida Rule of Appellate Procedure 9.110(n), relating to the procedures to be followed in the district courts of appeal...
...within 48 hours after the petition is filed," and although the minor may request an extension, "[i]f the court fails to rule within the 48-hour period and an extension has not been requested, the petition is granted, and the notice requirement is waived." § 390.01114(4)(b), Fla....
...n the case. [1] The trial court's work ended instead on August 19, 2005, when the trial court entered the final order under review. Because this record contains no suggestion that the appellant requested an extension of the 48-hour period allowed by section 390.01114(4)(b) for the trial court to complete its work on the appellant's petition and enter a final order, the final order entered by the trial court on August 19, 2005, some eight days following the filing of the appellant's petition, was untimely....
CopyCited 4 times | Published | Supreme Court of Florida | 2005 WL 1529690
...e of termination of a minor's pregnancy. In response to this constitutional amendment, the 2005 Florida Legislature passed chapter 2005-52, Laws of Florida. This new law repeals section 390.01115, the old parental notice of abortion law, and creates section 390.01114, the Parental Notice of Abortion Act....
...PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. *1163 APPENDIX RULES OF JUVENILE PROCEDURE PART IV. OTHER PROCEEDINGS A. [no change] B. JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY Rule 8.800. Applicability. These rules apply to proceedings instituted pursuant to section 390.01114, Florida Statutes....
...Commencement of Proceedings (a) Petition to Be Filed. Proceedings for a judicial waiver of parental notice of termination of pregnancy shall be commenced by the filing of a petition in any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes....
...to terminate her pregnancy. (2) The minor is a victim of child abuse or sexual abuse by one or both of her parents or a guardian. (3) Notification of a parent or guardian is not in the best interest of the minor. Rule 8.815. Counsel. As provided by section 390.01114(4)(a), Florida Statutes, the circuit court shall advise the minor that she has a right to court-appointed counsel and shall provide her with counsel upon her request at no cost....
...ents or a guardian requires proof by a preponderance of the evidence. (3) A finding that notification of a parent or guardian is not in the best interest of the minor requires proof by a preponderance of the evidence. (d) Time Limits. As provided by section 390.01114(4)(b), Florida Statutes: (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 48 hours of the filing of the petition....
...uested by the minor, the petition shall be deemed granted and an order shall be issued. (e) Confidentiality of Hearings. Hearings under this part shall be closed to the public and all records thereof shall remain confidential as provided by sections
390.01114(4)(e) and
390.01116, Florida Statutes....
...pport of its decision and order that a confidential record be maintained. *1165 Rule 8.830. Transcripts. A court that conducts proceedings pursuant to these rules shall provide for a written transcript of all testimony and proceedings as provided by section 390.01114(4)(e), Florida Statutes....
...termination of pregnancy and the court being otherwise advised in the premises, finds the following: The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of the parental notification requirements of section 390.01114(3), Florida Statutes, for the following reasons: ____________________________ ____________________________ ____________________________ ____________________________ THEREFORE, it is ORDERED AND ADJUDGED that: 1....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 859215
...nc., for appellant. PER CURIAM. Jane Doe, a minor, appeals an order dismissing her petition for judicial waiver of parental notification of pregnancy. We previously reversed that order by unpublished *937 order and now write to explain our decision. Section 390.01114, Florida Statutes (2005), the Parental Notice of Abortion Act, generally requires notification of the parents of a minor who seeks to terminate her pregnancy by the physician....
...The statute provides for judicial waiver of parental notice on three separate grounds. One, involving child abuse or sexual abuse of the minor by a parent, is inapplicable in this case. Jane Doe filed her petition on January 25, 2006, seeking a waiver pursuant to section 390.01114(4)(c), which provides as follows: If the court finds, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to terminate her pregnancy, the court shall issue an order authorizing the minor to cons...
...te her pregnancy. The court further stated that Doe presented herself in a very confident and self-assured manner and that while testifying, Doe was highly appropriate and cognizant of the gravity of the proceedings. The circuit court misinterpreted section 390.01114(4)(c) and applied an incorrect definition of "sufficiently mature." Therefore, we review de novo the circuit court's order on this issue....
...In fact, the court portrayed Doe's demeanor as confident and self-assured during the hearing and stated that she was cognizant of the gravity of the proceedings. This demonstrates Doe's maturity and understanding of her decision. Therefore, Doe satisfied the clear and convincing standard of proof required in section 390.01114(4)(c)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 397859
...cial waiver of parental notification of pregnancy. We previously reversed that order by unpublished order, and now write to explain the basis for our decision. The Parental Notice of Abortion Act became effective on June 30, 2005, and is codified at section 390.01114, Florida Statutes....
...or such relief. Paragraphs (4)(c) and (d) of the statute establish three grounds for granting a waiver and one, involving child abuse or sexual abuse of the minor by a parent, is inapplicable in this case. Instead, appellant sought a waiver based on section 390.01114(4)(c), which provides in relevant part as follows: If the court finds, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to terminate her pregnancy, the court shall issue an order authorizing...
...constitutional right to privacy to determine themselves, and as a private matter, whether to terminate a pregnancy). Finally, the trial court erred in failing to address Doe's alternative claim that she was entitled to a judicial waiver pursuant to section 390.01114(4)(d) because the notification of her parents is not in her best interests....
...We are not unmindful of the extraordinarily difficult circumstances faced by trial judges in matters such as this, and our decision is not intended as criticism of the trial judge in this case. Unless requested otherwise by the minor, the trial court is required by section 390.01114(4)(b) to rule and issue written findings of fact and conclusions of law within 48 hours after filing of the petition, and the statutory procedure does not contemplate the ordinary adversarial process as a means of reaching the factual determinations required by the *757 law....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 3589066
...Guardianship of Herschowsky,
890 So.2d 1246 (Fla. 4th DCA 2005). In the present case, there was no necessity for the disqualification of the appellant's counsel. Although the trial judge referenced three authorities for her ruling(1) the Parental Notice of Abortion Act, which appears at section
390.01114, Florida Statutes; (2) section
27.51, Florida Statutes; and (3) "ethical rules"none of these authorities precludes an attorney who wishes to provide private representation in connection with a non-criminal petition for judicial wa...
...hearing, remand was not possible in the present case. A remand for a new hearing would have violated the legislative intention for this type of proceeding to progress through the judicial system without delay and within the time limits specified in section 390.01114....
...le telephone numbers, which Jane Doe supplied over objection, numbers which the trial judge then called, again over objection, although without reaching either person at any number. The Legislature intended that proceedings for judicial waiver under section 390.01114(4), Florida Statutes (2006), be confidential. See § 390.01114(4)(a), Fla. Stat. (2006) (allowing filing of petition under pseudonym or initials); § 390.01114(4)(e), Fla. Stat. (2006) (mandating that the record be confidential and that hearings be closed to the public); § 390.01114(5), Fla....
...The Court: I am going to ask him to clear the courtroom. This is a confidential proceeding. Mr. Benham: That's fine. I will make do. (Emphasis added). Mr. Pfeiffer: Thank you. Proceedings for judicial waiver are required to be confidential, and are closed to the public. See § 390.01114(4)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 9723, 2006 WL 1643349
...n of Florida, Inc., Tampa, for Appellant. PER CURIAM. Appellant, a minor we will refer to by the pseudonym "Jane Doe 06-A," appeals an order dismissing her petition for judicial waiver of parental notification of termination of pregnancy pursuant to section 390.01114, Florida Statutes (2006). We conclude that the trial court committed clear error when it determined that Doe failed to meet her burden under section 390.01114(4)(c) of demonstrating by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregnancy....
...BARFIELD, WOLF, and LEWIS, JJ., concur. NOTES [1] In light of this determination, it is unnecessary for us to address appellant's contention that the trial court also erred in concluding that she had failed to demonstrate an entitlement to a waiver under the "best interest" standard of section 390.01114(4)(d).
CopyCited 2 times | Published | Supreme Court of Florida | 2006 WL 1838942
...We also amend forms 8.987 (Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy) and 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). Finally, we adopt new forms 8.992 (Clerk's Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes), and 9.900(f) (Notice of Appeal of an Order Dismissing a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy and Advisory Notice to Minor). Rule 8.805 is amended in two ways. First, subdivision (a) is amended to delete the statement requiring that petitions for judicial waiver be filed in "any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes." The statutory provision speaks for itself and there is no need to include a venue provision in the procedural rule....
...lidays. Second, subdivision (d)(3) is amended to require that where no ruling on the petition has been made within the 48-hour period, the clerk of the circuit court shall issue a certificate stating that the notice requirement is waived pursuant to section 390.01114(4)(b), Florida Statutes (2005). In conjunction with this change, we also adopt new form 8.992 (Clerk's Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes)....
...Commencement of Proceedings (a) Petition to Be Filed. Proceedings for a judicial waiver of parental notice of termination of pregnancy shall be commenced by the filing of a petition in any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes....
...ents or a guardian requires proof by a preponderance of the evidence. (3) A finding that notification of a parent or guardian is not in the best interest of the minor requires proof by a preponderance of the evidence. (d) Time Limits. As provided by section 390.01114(4)(b), Florida Statutes: (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 48 hours of the filing of the petition....
...(3) If the court fails to rule within the 48-hour period and an extension has not been requested by the minor, the petition shall be deemed granted and an order shall be issued the clerk shall issue the minor a certificate indicating the notice requirement is waived pursuant to
390.01114(4)(b), Florida Statutes. (e) Confidentiality of Hearings. Hearings under this part shall be closed to the public and all records thereof shall remain confidential as provided by sections
390.01114(4)(e) and
390.01116, Florida Statutes....
...termination of pregnancy and the court being otherwise advised in the premises, finds the following: The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of the parental notification requirements of section 390.01114(3), Florida Statutes, for the following reasons: ___________________ ________________________ *443 ________________________ ________________________ THEREFORE, it is ORDERED AND ADJUDGED that: 1....
...minor or petitioner if other than the minor. DONE AND ORDERED in the ........... court in and for ........... County, Florida, on ....... (date) ........... ______________________ .................. Judge Form 8.992. Clerk's Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT, IN AND FOR ______ COUNTY, FLORIDA In the interest of ________ (pseudonym or initials of minor) Case No.: _____ Division: _____ CLERK'S CERTIFICATE PURSUANT TO SECTION 390.01114(4)(b), FLORIDA STATUTES The Petitioner in this cause filed a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy on ________ (month/day/year) at ______ (time)....
...Petitioner has not requested an extension of time. As of ________ (month/day/year) at ____ (time), 48 hours have passed since the filing of the petition, and the Court has not entered a final order. Accordingly, the petition is granted, and the notice requirement is waived pursuant to section 390.01114(4)(b), Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 3197761
...Mahler of the Legal Aid Society of Palm Beach County, Inc., West Palm Beach, for appellant. PER CURIAM. Jane Doe appeals an order dismissing her petition for judicial waiver of parental notification of her decision to terminate her pregnancy, pursuant to section 390.01114(4), Florida Statutes (2006)....
...to decide whether to terminate her pregnancy, and the petitioner's undisputed evidence established sufficient maturity under the appropriate statutory criteria, we conclude that the trial court abused its discretion in dismissing the petition. Under section 390.01114(4)(c), a trial court should grant a minor's petition to waive parental notification if clear and convincing evidence shows that "the minor is sufficiently mature to decide whether to terminate her pregnancy." The statute requires the court to "hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor, and all other relevant evidence." § 390.01114(e), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7648, 2010 WL 2178753
...*165 Jackson Stuart Flyte, Regional Counsel, Second District, and Dana Moore, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant. PER CURIAM. Jane Doe [1] , a minor, challenges the final order dismissing her petition for judicial waiver of parental notification under section
390.01114(4)(c), Florida Statutes (2009). We reverse because the record before us does not support the circuit court's conclusion that Doe was not sufficiently mature to decide whether to terminate her pregnancy. See In re Petition of Jane Doe,
932 So.2d 278 (Fla. 2d DCA 2005). Section
390.01114(4)(c) requires the minor to establish by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregnancy....
CopyCited 1 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 35527, 2005 WL 1684402
...ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION STAFFORD, Senior District Judge. The plaintiffs in this case challenge, on its face, the Florida Legislature's recently-enacted Parental Notice of Abortion Act (the "Act"), signed into law on May 25, 2005, and codified at section 390.01114, Florida Statutes....
...The 2005 Florida Legislature responded to the Florida voters' mandate by enacting the Act that is being challenged in this case. In essence, the Act requires a physician to notify the parent or legal guardian of a minor at least 48 hours before performing an abortion on that minor. Fla. Stat. § 390.01114(3)(a)....
...waiver of the notice requirement. § 390.0114(3)(b). To obtain a judicial waiver of the notice requirement, a minor "may petition any circuit court in a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides." § 390.01114(4)(a) (emphasis added)....
...tion under a pseudonym or through the use of initials, and because the petition is deemed granted if the circuit court fails to rule within 48 hours after the petition is filedguarantees expeditious handling of the petition by the circuit court. § 390.01114(4)(a), (b)....
...evidence of child abuse or sexual abuse of the petitioner by one or both of her parents or her legal guardian;" or (3) by a preponderance of the evidence, that "the notification of a parent or guardian is not in the best interest of the petitioner." § 390.01114(4)(c), (d). "An expedited appeal shall be available, as the Supreme Court provides by rule, to any minor to whom the circuit court denies a waiver of notice." § 390.01114(4)(f)....
...R.App. P. 9.110(n). Under the Act, if the court finds "evidence of child abuse or sexual abuse of the minor petitioner by any person, the court [must] report the evidence of child abuse or sexual abuse of the petitioner, as provided in s.
39.201." §
390.01114(4)(d)....
...by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the [Department of Children and Families]." Any violation of the Act by a physician "constitutes grounds for disciplinary action under s.
458.331 or s.
459.015." §
390.01114(3)(c)....
...In particular, Plaintiffs contend that the Act is unconstitutional because the statute contains no deadlines by which a minor's appeal from a denial of a bypass petition must be decided. The statute simply provides that "[a]n expedited appeal shall be available, as the Supreme Court provides by rule." § 390.01114(4)(f)....
...k a bypass and/or an abortion. As Plaintiffs point out, the Act requires the circuit court in a bypass case to report "evidence of child abuse or sexual abuse of the minor petitioner by any person" to the Department of Children and Families ("DCF"). § 390.01114(4)(d) (emphasis added)....
...In this case, the Florida Legislature has taken considerable care to assure the anonymity of a child seeking a bypass of the parental notification requirement. Apart from the reporting requirement, the Act provides (a) that a bypass petition may be filed under a pseudonym or through the use of initials, §
390.01114(4)(a); (b) that "[al hearings under [the bypass provision], including appeals, shall remain confidential and closed to the public, as provided by court rule," §
390.01114(4)(e); and (c) that circuit court records pertaining to a bypass proceeding, including written transcripts, factual findings and legal conclusions, be maintained as confidential records "as required by s.
390.01116." §
390.01114(4)(e)....
...er right to travel. To be sure, while the Act specifies that "[a] minor may petition any circuit court in a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides for a waiver of the notice requirements," *1306 § 390.01114(4)(a) (emphasis added), the Act is silent about a venue for nonresident minors who wish to have an abortion in Florida....
...). E. The Florida Act provides that notice is not required if, "[i]n the physician's good faith judgment, a medical emergency exists and there is insufficient time for the attending physician to comply with the notification requirements." Fla. Stat. § 390.01114(3)(b)....
...ion notification act), quashed on Florida Constitutional grounds,
866 So.2d 612 (2003). The term is not vague and does not render the Act facially unconstitutional. G. Plaintiffs' final argument concerns the alleged lack of a scienter requirement in section
390.01114(3)(c), which provides that "[v]iolation of this subsection [requiring parental notice before inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s....
...Because the Florida Supreme Court construing language identical to that which now appears in the Parental Notice of Abortion Acthas determined that, as a matter of state law, scienter is required before physicians can be penalized under sections
458.331 and
459.015 for violations of section
390.01114(3), this court finds no constitutional infirmity in the penalty provision set out in section
390.01114(3)(c) of the Act....
...DONE AND ORDERED. NOTES [1] "Actual notice" means "notice that is given directly, in person or by telephone, to a parent or legal guardian of a minor, by a physician, at least 48 hours before the inducement or performance of a termination of pregnancy." § 390.01114(2)(a)....
...the parent or legal guardian of the minor, by certified mail, return receipt requested, and delivery restricted to the parent or legal guardian." For purposes of "constructive notice," delivery is deemed to have occurred after 72 hours have passed. § 390.01114(2)(c)....
...the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution". [7] A minor, who may file under a pseudonym or initials, may seek a bypass on the basis that she "is sufficiently mature to decide whether to terminate her pregnancy." § 390.01114(4)(c)....
...d "may") to mandatory: "Proceedings for a judicial waiver of parental notice of termination of pregnancy shall be commenced by the filing of a petition in any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes"....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 818, 2008 WL 214780
...Miklowitz, Tallahassee; Randall C. Marshall, Rebecca Harrison Steele, and Benjamin James Stevenson of ACLU Foundation of Florida, Inc., Miami, for Appellant. PER CURIAM. This court previously granted relief on an expedited basis in this case concerning section 390.01114, Florida Statutes (2007), the Parental Notice of Abortion Act ("the Act")....
...e filing of the notice of appeal." We now write to explain our reasons for granting relief. Appellant, a resident of Georgia, filed a petition for judicial waiver of parental notification of termination of pregnancy in the Leon County Circuit Court. Section 390.01114(4)(a) provides that a "minor may petition any circuit court in a judicial circuit within the jurisdiction of the district court of appeal in which she resides for a waiver of the notice requirements. . . ." The circuit court determined that it did not have jurisdiction because the minor did not reside within the jurisdiction of this court. Appellant argued below that section 390.01114(4)(a) was a venue provision and that the statute did not address jurisdiction....
...accrues, or the property in litigation is located. Under Florida law, a plaintiffs choice of venue is usually favored if the election is one which has been properly exercised under applicable statutes. Houston v. Caldwell,
359 So.2d 858 (Fla.1978). Section
390.01114(4)(a) is not a jurisdictional statute, but is rather a venue provision....
...See In re Amendments to the Rules of Juvenile Procedure,
934 So.2d 438, 438 (Fla.2006) (amending rule 8.805 to "delete the statement requiring that petitions for judicial waiver be filed in any circuit court within the appellate district in which the petitioner resides as provided by section
390.01114(4)(a), Florida Statutes.' The statutory provision speaks for itself and there is no need to include a venue provision in the procedural rule")....
...This court has stated that remand for a new hearing is not authorized in a judicial waiver case because "remand for a new hearing would have violated the legislative intention for this type of proceeding to progress through the judicial system without delay and within the time limits specified in section
390.01114." In re Doe 06-C,
948 So.2d 30, 33 (Fla....
...Such a course is fraught with the danger of undermining public and individual confidence in the ability or will-ingness of our government to devise clear rules for deciding these difficult questions and to adhere to them. Doe,
932 So.2d at 283. Similarly, in A.S. this court stated that section
390.01114(4) provides: that the trial court is allowed only two days to complete its work on the case (unless the time has been extended at the request of the minor), that the district court of appeal is allowed only ten days to complete its work on the case, and that if either of these courts fails to complete its work on time, the petition must be granted. A.S.,
909 So.2d at 525. Doe 06-C, Doe, and A.S. all suggest that the legislature intended to impose a strict procedural scheme in section
390.01114 and established a bright line rule against remand for a new hearing....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 3452563
...District Court of Appeal of Florida, Fourth District. April 3, 2006. Ana Gomez-Mallada, Fort Lauderdale, for appellant. PER CURIAM. A 17-year old minor appeals the denial of her petition for judicial waiver of parental notification of the minor's termination of pregnancy, pursuant to section 390.01114, Florida Statutes (2005). We reverse, because the trial court failed to issue written and specific factual findings and legal conclusions supporting its decision to deny the petition. See § 390.01114(4)(d), Fla....
CopyPublished | Supreme Court of Florida
days” in the fifth paragraph to conform with section
390.01114(6)(b)1, Florida Statutes (2020). Additionally
CopyPublished | Florida 5th District Court of Appeal
...The Florida Parental Notice of and Consent for Abortion Act
generally prohibits the performance or induction of abortions on
pregnant minors unless their parents or legal guardians are
notified of the abortion and have provided written informed
consent to the abortion. See § 390.01114(3), (4)(a), (5)(a), Fla....
...Stat.
(2023). These statutory requirements of parental notice and
consent may be waived upon a minor’s petition if a court “finds, by
clear and convincing evidence, that the minor is sufficiently
mature to decide whether to terminate her pregnancy.” Id. §
390.01114(6)(c)....
...2 We note that the judicial waiver statute expressly prohibits
a judge from considering “financial best interest or financial
considerations or the potential financial impact on the minor or the
minor’s family if the minor does not terminate the pregnancy.” §
390.01114(6)(d), Fla. Stat. (2023).
3
circuit court since the proceeding is a nonadversarial proceeding.”
Id. § 390.01114(6)(b)2.
Here, the circuit court correctly acknowledged that it cannot
waive the requirements of parental notice and consent where the
minor’s planned abortion would take place beyond the allowable
gestational age of the fetus....
...III.
We now must determine the appropriate appellate remedy.
This appeal arrives in an unusual posture, as the circuit court
expressly declined to hold a full waiver hearing, did not consider
the full list of factors enumerated in section 390.01114(6)(c), and
did not make or decline to make the factual finding described in
that statute....
...on.
Given the under-developed record, we vacate the circuit
court’s order, remand this case for the court to hold a new and full
hearing, and direct the court to rule on the minor’s petition within
three business days after the remand. See § 390.01114(6)(b)2., Fla.
Stat....
...(2023). Moreover, based on our review of the record, we direct
the Chief Judge of the Circuit Court to reassign the petition
forthwith to another circuit judge. The new judge’s ruling must be
based on a consideration of all the factors enumerated in section
390.01114(6)(c), Florida Statutes (2023), and the ruling must make
the factual finding described in that statute (whether or not, “by
clear and convincing evidence,” the minor is “sufficiently mature
to decide whether to terminate her pregnancy,” § 390.01114(6)(c)).
5
VACATED AND REMANDED WITH INSTRUCTIONS.
LAMBERT and PRATT, JJ., concur.
PRATT, J., concurs with opinion.
HARRIS, J., concurs in part with opinion.
6
Case No....
...best interests—to procure secret abortions that are hidden from
the very adults who superintend all their other life decisions. We
do not review these judicial waivers. The statute provides for
appellate review only of decisions not to grant waiver petitions, see
§ 390.01114(6)(b)2., Fla. Stat. (2023), and it expressly states that
“[a]n order authorizing a termination of pregnancy under this
subsection is not subject to appeal,” id. § 390.01114(6)(g)....
...gestational age of the fetus and whether the abortion can occur.
As the majority correctly notes, in order to grant the judicial
waiver of the statutory notice and consent requirements, the trial
court is required to consider the eight factors set forth in section
390.01114(6)(c), Florida Statutes....
CopyPublished | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 601, 2011 Fla. LEXIS 2616, 2011 WL 4975440
...), and 8.990 (Final Order Granting Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). The Committee also proposes new rule 8.840 (Remand of Proceedings), and replacing existing form 8.992 (Clerk’s Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes) with new form 8.992 (Minor’s Petition to Chief Judge to Require a Hearing on Her Petition for Judicial Waiver of Notice)....
...(amending § 985.47, Fla. Stat.); ch.2011-227, § 1, Laws of Fla. (amending § 39.01114(4), Fla. Stat.). The amendments to sections 985.47 and
985.441 became effective July 1, 2011. See ch.2011-54, § 5, Laws of Fla.; ch.2011-70, § 15, Laws of Fla. The amendments to section
390.01114(4) became effective October 1, 2011....
...After considering the Committee’s proposals and reviewing the relevant legislation, we adopt the proposed amendments, with a modification to the amendments to form 8.990 (Final Order Granting Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). The amendments to form 8.990 implement amendments to section 390.01114(4), Florida Statutes, made by chapter 2011-227, section 1, Laws of Florida. The Committee proposes that the lead-in paragraph in the form for the list of factors the court must consider, under amended section 390.01114(4)(c), in determining whether a minor is sufficiently mature to decide whether to terminate her pregnancy provide: The court has considered the following factors in reaching this decision that notification of a parent or guardian is...
...cision is indicated by. Whether there may be any undue influence by another on the minor’s decision to have an abortion . (Emphasis added.) Because the factors being added to the form must be considered in connection with a maturity finding, under section 390.01114(4)(c), rather than a best interests finding, under section 390.01114(4)(d), we modify the new paragraph to read: The court has considered the following factors in reaching this decision that the minor is sufficiently mature to decide whether to terminate her pregnancy and makes the following findings...
...quires proof by a preponderance of the evidence. (3) A finding that notification of a parent or guardian is not in the best interest of the minor requires proof by a preponderance of the clear and convincing evidence. (d) Time Limits. As provided by section 390.01114(4)(b), Florida Statutes: (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 48 hour-s3 business days of the filing of the petition....
...(3) If the court fails to rule within the 48-hour3-business-day period and an extension has not been requested by the minor, the petition shall — be- deemed gr-anted and-the clerk shall- issue the minor-a certificate-indieating the notice requirement is- waived-pur-suant to [section] 390.01114(4)^)⅜ Florida- Statutes the minor may immediately thereafter petition the chief judge of the circuit for a hearing....
CopyPublished | Supreme Court of Florida
...ng party . . . .”
The Committee proposes amending this subdivision by replacing
the word “shall” with “must,” but we believe that “will” is the more
appropriate replacement in context.
Next, rule 9.147 is amended to align with section
390.01114(6)(b)2., Florida Statutes (2023)....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 15939, 2007 WL 2933153
PER CURIAM. We conclude that the trial court incorrectly applied the standard for determining if the minor was “sufficiently mature to decide whether to terminate her pregnancy....” See § 390.01114(4)(e), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 16713, 2010 WL 4361510
...The final order states in its dispositive holding: "The court finds that 4(a) and 4(c) [ sic -(d)?] reasons given for the waiver of Parental notice are not shown by clear and convincing evidence and the Petition is Dismissed. No other grounds were presented. F.S. 390.01114(4)(c)." The Court's rationale is not sufficient to deny the petition. We note that the statute in question requires the trial judge to "issue written and specific factual findings and legal conclusions supporting its decision ...." [e.s.] § 390.01114(4)(e), Fla....
...Her second groundthat notification is not in her best interestsis not governed by the clear and convincing evidentiary standard and is instead explicitly made by statute to fall under the ordinary greater weight of the evidence used generally in civil proceedings. See § 390.01114(4)(d) ("If the court finds, by a preponderance of the evidence, that ......
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 17648
ROBERTS, C.J. The appellant, a minor, seeks review of the circuit court’s order dismissing her petition for judicial waiver under section 390.01114, Florida Statutes (2016), which requires a physician to notify a minor’s parent or legal guardian before performing an abortion on the minor....
...Ability to assess both the immediate and long-range consequences of the minor’s choices. g. Ability to understand and explain the medical risks of terminating her pregnancy and to apply that understanding to her decision. 2. Whether there may be any undue influence by another on the minor’s decision to have an abortion. § 390.01114(4)(e), Fla....
...(2016). Subsection (4)(d), also asserted in the appellant’s petition, provides for waiver if the circuit court finds, by clear and convincing evidence, that the “notification of a parent or guardian is not in the best interests of the petitioner.” § 390.01114(4)(d), Fla....
...n (4)(d) had not been met. After her petition was denied, the appellant exercised her right to appeal under subsection (4)(b)2. Notably, only a denied petition may be reviewed on appeal; a petition that is granted is not subject to appellate review. § 390.01114(4)(g), Fla....
...Stat. (2016). In considering the denial of a petition for judicial waiver, this Court looks to whether the circuit court abused its discretion and may not reweigh the evidence presented below in order to reach a different result from the circuit court. § 390.01114(4)(b)2„ Fla....
...anciful, or unreasonable” such that no reasonable person could agree with the ruling. See Canakaris v. Canakaris,
382 So.2d 1197, 1203 (Fla.1980). We can find no abuse of discretion here where the circuit court performed its statutory duties under section
390.01114 *177 and concluded that the appellant had failed to demonstrate she was entitled to a judicial waiver....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 5898058
...By the opinion attached, the Second District Court of Appeal has reversed the order entered by the Honorable Harvey A. Kornstein, Circuit Judge of the Tenth Judicial Circuit, in and for Polk County, Florida, in Case Number 2012-DP-000536-0000-00, dismissing a petition for a judicial waiver of parental notice under section 390.01114(4)(c), (d), Florida Statutes (2012)....
...The minor may consent to the performance or inducement of a termination of pregnancy without notice to a parent or guardian. WALLACE, Judge. Jane Doe, 1 a minor, challenges the final order dismissing her petition for judicial waiver of parental notification under section 390.01114(4)(c) and (d), Florida Statutes (2012). We find no error in the circuit court’s determination that Doe failed to establish by clear and convincing evidence that it would not be in her best interest to notify a parent under section 390.01114(4)(d). However, we reverse the order of dismissal because the circuit court abused its discretion in concluding that Doe is not sufficiently mature to terminate her pregnancy under section 390.01114(4)(c)....
...After the conclusion of the hearing, the circuit court promptly entered an order dismissing Doe’s petition, finding that she failed to prove by clear and convincing evidence either of the grounds alleged. This appeal followed. II. THE APPLICABLE LAW Under section 390.01114(3)(a), a physician is required to notify a minor’s parent or legal guardian at least forty-eight hours in advance of performing an abortion on that minor....
...The statute excuses the notice requirement under five circumstances, but the pertinent provision applicable to this case provides for judicial waiver of the notice requirement in the event the minor successfully petitions a circuit court to waive that requirement. See § 390.01114(3)(b)(5)....
...s the victim of child abuse or sexual abuse inflicted by one or both of her *885 parents or her guardian”; or (3) “by clear and convincing evidence!,] that the notification of a parent or guardian is not in the best interest of the [minor].” §§ 390.01114(4)(c), (d)....
...*886 The numerous criteria considered by various courts in assessing whether a minor is sufficiently mature to determine whether to terminate her pregnancy, while perhaps a starting point, did not provide for consistent application of the bypass provision of section
390.01114. See, e.g., Doe,
973 So.2d at 552 . It is against this backdrop that the Florida legislature amended section
390.01114 in 2011 to provide a list of factors a trial court must consider when determining whether a minor is sufficiently mature....
...Ability to accept responsibility. f. Ability to assess both the immediate and long-range consequences of the minor’s choices. g. Ability to understand and explain the medical risks of terminating her pregnancy and to apply that understanding to her decision. § 390.01114(4)(c)(l). In addition, the trial court must consider “[wjhether there may be any undue influence by another on the minor’s decision to have an abortion.” § 390.01114(4)(c)(2)....
...ress. Moreover, not only must the trial court consider these factors in its determination of maturity, its final order must include “factual findings and legal conclusions relating to the maturity of the minor” in view of these specific factors. § 390.01114(4)(e)(2)....
...EXAMINATION OF THE STATUTORY FACTORS The circuit court’s order contains findings of fact and conclusions of law. The findings of fact generally summarize Doe’s testimony at the hearing. Although the circuit court’s order contains a recital that it has considered each of the factors outlined in section 390.01114(4)(c), the order actually only addresses some of the statutory factors while ignoring others. In the following discussion, we will use the statutory factors as a framework to address the circuit court’s findings and conclusions in the light of the record. Section 390.01114-(4-)(c)(1)(a): The minor’s age....
...The circuit court’s failure to follow this court’s controlling precedent also constitutes an abuse of discretion. V. CONCLUSION For these reasons, we reverse the circuit court’s order, and Doe’s petition for judicial waiver of the parental notification required by section 390.01114 is deemed granted....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 2198239, 2014 Fla. App. LEXIS 7970
PER CURIAM. *429 Jane Doe 1 sought a waiver of parental notice of termination of pregnancy pursuant to the Parental Notice of Abortion Act (the Act), section 390.01114, Florida Statutes (2018), which requires physicians performing abortions to notify a minor’s parent or legal guardian before the procedure unless the notice requirement is waived by the circuit court....
...Because the court did not abuse its discretion as to either the maturity prong or the best interest prong, we affirm. In her supplemental petition, Doe asserted that she is of sufficient maturity to decide whether to terminate her pregnancy and that it is in her best interests to do so. See §
390.01114(4)(c)-(d). Regarding a petitioner’s maturity, a court must review various statutorily enumerated factors. §
390.01114(4)(c)(1)-(2). The burden of proof on both prongs is clear and convincing evidence, and it is the petitioner’s obligation to provide such proof in this nonadversarial proceeding. See §
390.01114(4)(c)-(d); In re Doe,
67 So.3d 268, 268 (Fla. 2d DCA 2011). Because the proceeding is nonadversarial and based on the statute’s terms the grant of a waiver of notice under the Act is not appealable; review of the denial of a waiver is of right. See §
390.01114(4)(b)(2), (g). Our standard of review in this proceeding is for an abuse of discretion. See §
390.01114(4)(b)(2); In re Doe,
113 So.3d 882, 886 (Fla....
CopyPublished | Florida 5th District Court of Appeal
is induced or performed on a minor child. See §
390.01114(4)–(5), Fla. Stat. (2025). 1 However, when it
CopyPublished | Supreme Court of Florida
...Consent to or Notice of and Consent to Termination of Pregnancy), and 8.992
(Minor’s Petition to Chief Judge to Require a Hearing on Her Petition for Judicial
Waiver of Consent or Notice and Consent). These amendments were in response
to legislative changes to section
390.01114, Florida Statutes (2019), which as
amended in 2020 requires parental consent to the termination of pregnancy
procedure performed on a minor, and the creation of section
390.01118, Florida
Statutes (2020), which made any informati...
...l of an Order Dismissing a
Petition for a Judicial Waiver of Parental Consent to or Notice of and Consent to
Termination of Pregnancy and Advisory Notice to Minor) for consistency with the
amendments to the Florida Rules of Juvenile Procedure and section 390.01114.
The amendments became effective immediately upon the release of the July
2, 2020, opinion....
...ments were adopted. Four comments
-3-
contend that the amended rules and forms are confusing because they imply that a
minor may seek waiver of and that a court may waive notice, consent, or both,
whereas section 390.01114 provides for a collective waiver of both notice and
consent only....
...rules and forms to reflect that only a collective waiver of notice and consent may
be sought. The fifth comment, filed by the Appellate Court Rules Committee
(ACR Committee), recommends amendments so that the language used in the rules
and forms is consistent with section 390.01114....
...“notice and consent or consent only.”
Next, in form 8.987, the petition for judicial waiver, the paragraph
addressing appointment of counsel is amended to inform the minor that
appointment of counsel will be at no cost to the minor as contemplated by section
390.01114(6)(a), Florida Statutes (2020)....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 3977, 2011 WL 1086635
...ancy, pending completion of a court-ordered mental health exam. Because no final order has been rendered, we treat the notice of appeal as a petition for a writ of mandamus, and the statute compels the automatic granting of the petition. Pursuant to section 390.01114(4)(b), Florida Statutes (2010), the trial court "shall rule, and issue written findings of fact and conclusions of law, within 48 hours after the petition is filed, except that the 48-hour limitation may be extended at the request o...
...he notice requirement is waived. Fla. R. Juv. P. 8.820(d)(3). In this case, the trial court did not rule within 48 hours, and the record does not indicate that the minor consented to the extension of time. Neither the Rules of Juvenile Procedure nor section 390.01114 permits the trial court to defer ruling on a petition for judicial waiver pending a psychological evaluation of the minor....
...Accordingly, we remand with instructions for the trial court to enter an order granting petitioner's petition and for the clerk of the circuit court to issue a certificate of judicial waiver of notice to petitioner. The record also reflects that petitioner is a resident of Miami-Dade County. Section 390.01114(4)(a) states that a minor may seek a judicial waiver in "any circuit court in a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides." The statute establishes the proper venue for these kinds of cases and is not jurisdictional....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 141, 2012 WL 652788, 2012 Fla. LEXIS 456
...nd Orders Granting New Trial in Jury and Non-Jury Cases), subdivision (n) (Exception; Appeal of Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). The proposal is in response to a recent amendment to section 390.01114(4)(b), Florida Statutes (2010), made by chapter 2011-227, section 1, Laws of Florida, which became effective October 1, 2011....
...1 The Executive Committee of the *225 Florida Bar Board of Governors approved the proposals by a vote of eleven to zero, following the Committee’s approval by a vote of twenty-seven to one. Upon consideration, we amend rule 9.110(n) as proposed by the Committee. The aforementioned amendment to section 390.01114(4)(b), Florida Statutes, states that if a circuit court does not grant a petition for judicial waiver of parental notice of termination of pregnancy, the petitioning minor has the right to appeal and the appellate court “must rule within 7 days after receipt of appeal.” Ch.2011-227, § 1, Laws of Fla....
...No filing fee shall be required for any part of an appeal of the dismissal of a petition for a waiver of parental notice of termination of pregnancy. Committee Notes [No change] . This provision of die session law states that it shall take effect "October 1, 2011, or upon the adoption of rules and forms pursuant to 390.01114(5), Florida Statutes, by the Supreme Court for purposes of the amendment of s. 390.01114, Florida Statutes, by this act, *225 whichever occurs earlier.” See ch.2011-227, § 3, Laws of Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 8431, 2014 WL 2481880
LaROSE, Judge. Jane Doe, 1 a minor, petitioned the circuit court for a waiver of parental notice of termination of pregnancy. See § 390.01114, Fla....
...s the notice requirement is waived by the circuit court). The circuit court dismissed the petition, finding that she had not shown sufficient maturity to decide whether to terminate her pregnancy or that the termination was in her best interest. See § 390.01114(4)(c)-(d)....
...1st DCA 2014) (Makar, J., dissenting). The minor need not possess the same maturity as an adult, but she must demonstrate that she is sufficiently mature to make this important decision. See In re Doe,
113 So.3d 882, 882 (Fla. 2d DCA 2012); see also §
390.01114(4)(c) (listing statutory factors the circuit court must consider)....
...g the procedure and its risks. The circuit court apparently discounted her testimony that she had considered alternatives to termination. Seemingly, Jane Doe met her burden; the circuit court found otherwise. 2 We cannot and do not reweigh evidence. §
390.01114(4)(b)(2); see also, e.g., In re E.D.,
884 So.2d 291 (Fla. 2d DCA 2004); Lahodik v. Lahodik,
969 So.2d 533, 535 (Fla. 1st DCA 2007). Rather, we must assess whether the circuit court abused its discretion in dismissing the petition. §
390.01114(4)(b)(2); In re Doe,
113 So.3d at 886 ....
...This was an abuse of discretion that compels reversal. Reversed and remanded with directions to grant the petition. WALLACE; J., Concurs. BLACK, J., Dissents. . We use this pseudonym to protect appellant’s privacy. . Contrary to the dissent's suggestion, section 390.01114(4)(b)(2), in our view, authorizes remand only where the circuit court failed to make adequate findings.
CopyPublished | Supreme Court of Florida
chapter 2005-52, Laws of Florida, creating section
390.01114, Florida Statutes (2019), the Parental Notice
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 116143
...District Court of Appeal of Florida, Second District. January 14, 2011. Jane Doe, pro se. SILBERMAN, Judge. Jane Doe, a minor, challenges the final order dismissing her petition for judicial waiver of parental notice of termination of pregnancy pursuant to section 390.01114(4)(c), Florida Statutes (2010)....
...The trial court determined that the minor did not meet her burden of proof. Because competent, substantial evidence supports the trial court's findings, we affirm the trial court's order. Generally, a physician must give a minor's parent or legal guardian notice prior to the termination of a minor's pregnancy. § 390.01114(3). The statute provides for judicial waiver of the notice requirement upon proof of certain statutory grounds. § 390.01114(4). Here, the minor based her petition on the statutory ground that she was "sufficiently mature to decide whether to terminate her pregnancy." § 390.01114(4)(c)....
...In re Doe,
973 So.2d 548, 550-51 (Fla. 2d DCA 2008); In re Doe,
932 So.2d 278, 285 (Fla. 2d DCA 2005). The trial court conducted a hearing and, pursuant to the statutory requirements, issued a detailed order with specific factual findings and legal conclusions. See §
390.01114(4)(e)....
CopyPublished | Florida 1st District Court of Appeal
...On our own motion, we certify the following questions of great
public importance to the Florida Supreme Court:
MAY A DISTRICT COURT OF APPEAL EXERCISE APPELLATE
JURISDICTION OVER A TRIAL COURT’S RULING DENYING A
JUDICIAL WAIVER UNDER SECTION 390.01114(6)(B)2.,
FLORIDA STATUTES, IN THE ABSENCE OF AN ADVERSE
PARTY IN THE APPEAL?
IF A DISTRICT COURT DISMISSES AN APPEAL FROM A TRIAL
COURT’S ORDER DENYING A JUDICIAL WAIVER WITHIN THE
SEVEN DAYS REQUIRED UNDER SECTION 390.01114(6)(B)2.,
FLORIDA STATUTES, BUT DOES NOT RENDER A DECISION
WITHIN SEVEN DAYS AS PROVIDED UNDER FLORIDA RULE OF
APPELLATE PROCEDURE 9.147(D), MUST THE DISTRICT
COURT OF APPEAL REVERSE THE TRIAL COURT’S RULING,
E...
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1863, 2009 WL 485010
STEVENSON, J. This is an appeal of an order dismissing a minor’s petition for judicial waiver of parental notice of termination of pregnancy pursuant to Florida Statutes section 390.01114 (2008). The trial court dismissed the petition on the basis that it fell *722 “outside of the statute as the minor child’s parent is aware of the pregnancy.” We reverse. Section 390.01114 is known as the “Parental Notice of Abortion Act” and generally requires that a physician give notice to the parents of a pregnant minor prior to the inducement or performance of a termination of the pregnancy. A minor may petition the circuit court for a waiver of the notice requirements. See § 390.01114(4), Fla....
...is sufficiently mature to decide whether to terminate her pregnancy, the court shall issue an order authorizing the minor to consent to the performance or inducement of a termination of pregnancy without the notification of a parent or guardian.” § 390.01114(4)(c) (emphasis added)....
...The statute further provides that in cases where there has been child or sexual abuse by one or both parents, or where the court otherwise finds that notification of the parent or guardian is not in the best interest of the minor, the court “shall” issue an order waiving the parental notification requirements. § 390.01114(4)(d). In cases where the court does not make the findings specified above in section 390.01114(4)(c) or (d), it must dismiss the petition....
..., or lack thereof, of the minor’s pregnancy. We reverse the dismissal with directions that the trial court consider the merits of the petition and make an expeditious ruling thereon in compliance with the procedural and substantive requirements of section 390.01114....
CopyPublished | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765
...ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS STAFFORD, Senior District Judge. The plaintiffs in this case challenge, on its face, the Florida's Parental Notice of Abortion Act (the "Act"), signed into law on May 25, 2005, and codified at section 390.01114, Florida Statutes....
...The 2005 Florida Legislature responded to the Florida voters' mandate by enacting the Act that is being challenged in this case. In essence, the Act requires a physician to notify the parent or legal guardian of a minor at least 48 hours before performing an abortion on that minor. Fla. Stat. § 390.01114(3)(a)....
...waiver of the notice requirement. § 390.0114(3)(b). To obtain a judicial waiver of the notice requirement, a minor "may petition any circuit court in a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides." § 390.01114(4)(a) (emphasis added)....
...tion under a pseudonym or through the use of initials, and because the petition is deemed granted if the circuit court fails to rule within 48 hours after the petition is filedguarantees expeditious handling of the petition by the circuit court. § 390.01114(4)(a), (b)....
...evidence of child abuse or sexual abuse of the petitioner by one or both of her parents or her legal guardian;" or (3) by a preponderance of the evidence, that "the notification of a parent or guardian is not in the best interest of the petitioner." § 390.01114(4)(c), (d). "An expedited appeal shall be available, as the Supreme Court provides by rule, to *1313 any minor to whom the circuit court denies a waiver of notice." § 390.01114(4)(f)....
...R.App. P. 9.110(n). Under the Act, if the court finds "evidence of child abuse or sexual abuse of the minor petitioner by any person, the court [must] report the evidence of child abuse or sexual abuse of the petitioner, as provided in s.
39.201." §
390.01114(4)(d)....
...by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the [Department of Children and Families]." Any violation of the Act by a physician "constitutes grounds for disciplinary action under s.
458.331 or s.
459.015." §
390.01114(3)(c)....
...Under that provision, notice to a parent is not required if, "[i]n the physician's good faith judgment, a medical emergency exists and there is insufficient time for the attending physician to comply with the notification requirements." Fla. Stat. § 390.01114(3)(b)....
...In Florida, the Act provides that "[i]f the court finds evidence of child abuse or sexual abuse of the minor petitioner by any person, the court shall report the evidence of child abuse or sexual abuse of the petitioner, as provided in s.
39.201." §
390.01114(4)(d) (emphasis added)....
...Legislature took considerable care to assure the anonymity of a child seeking a bypass of the parental notification requirement. For example, the Act provides (a) that a bypass petition may be filed under a pseudonym or through the use of initials, §
390.01114(4)(a); (b) that "[a]ll hearings under [the bypass provision], including appeals, shall remain confidential and closed to the public, as provided by court rule," §
390.01114(4)(e); and (c) that circuit court records pertaining to a bypass proceeding, including written transcripts, factual findings and legal conclusions, be maintained as confidential records "as required *1326 by s.
390.01116." §
390.01114(4)(e)....
...the court to law enforcement, the identity of the victim of any sexual offense is exempt from public disclosure. §
119.07(6)(f). [10] Despite the many steps taken by the Florida Legislature to assure the anonymity of a minor seeking a bypass under section
390.01114(4), Plaintiffs suggest that "[t]he Act's reporting requirement sets in motion a process that will likely result in the minor's parents discovering that the minor has sought an abortion." Doc....
...he child's school, courts and grand juries." Id. (emphasis in original). What Plaintiffs, in essence, urge is for this court to adopt a tortured interpretation of Florida law. Assuming, for the sake of argument, that the bypass courts would construe section 390.01114(4)(d) to mean that they must report all bypass cases to DCF, including cases involving consensual sex between minors, it is a stretch to assume that all, or even many, such reports would be released to a sheriff s office or to the parents of minors seeking a bypass....
...ncies, and persons, including the parent or legal custodian of any child who is alleged to have been abused. [12] Section
39.202(2) does not, however, require DCF to notify a minor's parent or legal custodian that a report has been filed pursuant to section
390.01114(4)(d). No doubt, in conjunction with some conceivable set of circumstances, it is possible that the reporting requirement contained in section
390.01114(4)(d) could lead to a breach in a minor's anonymity....
...requirement has either the purpose or the effect of placing a substantial obstacle in the path of a minor seeking an abortion. Absent such a showing, the defendant is entitled to dismissal of Plaintiffs' claim regarding the reporting requirement. E. Section 390.01114(3)(c) of the Act provides that "[v]iolation of this subsection [requiring parental notice before inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s....
...den analysis. NOTES [1] "Actual notice" means "notice that is given directly, in person or by telephone, to a parent or legal guardian of a minor, by a physician, at least 48 hours before the inducement or performance of a termination of pregnancy." § 390.01114(2)(a)....
...the parent or legal guardian of the minor, by certified mail, return receipt requested, and delivery restricted to the parent or legal guardian." For purposes of "constructive notice," delivery is deemed to have occurred after 72 hours have passed. § 390.01114(2)(c)....
CopyPublished | Supreme Court of Florida
...termination of pregnancy and the court being otherwise advised in the premises, finds the following:
The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of
the parental notification requirements of section 390.01114(3), Florida Statutes, for the following reasons:
….....
...Other:
THEREFORE, it is ORDERED AND ADJUDGED that:
1. The petition for judicial waiver of parental notice of termination of pregnancy is
DISMISSED.
2. The court shall provide a written transcript of all testimony and proceedings as
provided by section
390.01114, Florida Statutes.
3. The clerk shall keep and maintain a confidential record of these proceedings as
provided by sections
390.01114 and
390.01116, Florida Statutes, and shall seal the record.
4....
CopyPublished | Florida 1st District Court of Appeal
...Young, Judge.
December 15, 2023
PER CURIAM.
Jane Doe, a minor seeking to terminate her pregnancy,
appeals the final order dismissing her petition for judicial waiver
of the parental/legal guardian notice and consent requirements
under Florida law. See § 390.01114(3), Fla....
...requirements). In a detailed order, the circuit court determined,
based on the nonadversarial presentation below, that Doe had not
established by clear and convincing evidence that she was
sufficiently mature to decide whether to terminate her pregnancy.
See § 390.01114(6)(c), Fla. Stat.
Our review of the order is governed by section
390.01114(6)(b)2., Fla....
... question of whether the circuit court abused its discretion in
concluding that Doe failed to demonstrate sufficient maturity.
Because we find no such abuse of discretion here, we affirm. The
circuit court’s order addresses and sets out detailed findings for
the factors required under section 390.01114(6)(c)1., Fla....
...Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
M.K. Thomas, J., concurring.
Affirmance is due under the deferential standard of appellate
review required by section 390.01114(6)(b)2., Florida Statutes
(2023)....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 13414
...s petition for judicial waiver of parental notice of termination of pregnancy, the appellant asserts that her petition must be deemed granted because the trial court did not render a final order on the petition within the 48-hour period specified in section 390.01114(4)(b), Florida Statutes (2005)....
...circuit court to place a certificate to this effect in the file and provide the appellant with a certified copy of the certificate. On August 11, 2005, the appellant filed her petition for judicial waiver of the parental notification as specified in section 390.01114, and a hearing on the petition was conducted on August 12, 2005....
...Later on August 12, 2005, the trial court entered an order by which the appellant’s petition was “dismissed without prejudice to amend or supplement.” The appellant filed an amended petition which was finally dismissed by the August 19, 2005, final order under review. Section 390.01114(4), relating to the judicial waiver of parental notification procedures to be followed in the trial courts, and Florida Rule of Appellate Procedure 9.110(n), relating to the procedures to be followed in the district courts of appeal...
...within 48 hours after the petition is filed,” and although the minor may request an extension, “[i]f the court fails to rule within the 48-hour period and an extension has not been requested, the petition is granted, and the notice requirement is waived.” § 390.01114(4)(b), Fla....
...n the ease. 1 The trial court’s work ended instead on August 19, 2005, when the trial court entered the final order under review. Because this record contains no suggestion that the appellant requested an extension of the 48-hour period allowed by section 390.01114(4)(b) for the trial court to complete its work on the appellant’s petition and enter a final order, the final order entered by the trial court on August 19, 2005, some eight days following the filing of the appellant’s petition, was untimely....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 5409, 2014 WL 1396590
PER CURIAM. Appellant, a minor, seeks review of the trial court’s order denying her petition for judicial waiver under section 390.01114, Florida Statutes (2013), the “Parental Notice of Abortion Act.” We conclude that the trial court abused its discretion in denying the petition for the reasons stated in the order on appeal....
