The 2023 Florida Statutes (including Special Session C)
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. . . the criteria that would permit a judicial waiver of the parental notification requirements of section 390.01114 . . . The court shall provide a written transcript of all testimony and proceedings as provided by section 390.01114 . . . The clerk shall keep and maintain a confidential record of these proceedings as provided by sections 390.01114 . . .
. . . . § 390.01114 (Florida); Ga. . . .
. . . seeks review of the circuit court’s order dismissing her petition for judicial waiver under section 390.01114 . . . Whether there may be any undue influence by another on the minor’s decision to have an abortion. § 390.01114 . . . , that the “notification of a parent or guardian is not in the best interests of the petitioner.” § 390.01114 . . . petition may be reviewed on appeal; a petition that is granted is not subject to appellate review. § 390.01114 . . . reweigh the evidence presented below in order to reach a different result from the circuit court. § 390.01114 . . . under the more deferential standard of appellate review established by the Legislature in 2011, see § 390.01114 . . .
. . . See § 390.01114, Fla. . . . See § 390.01114(4)(c)-(d). We must reverse. . . . See In re Doe, 113 So.3d 882, 882 (Fla. 2d DCA 2012); see also § 390.01114(4)(c) (listing statutory factors . . . We cannot and do not reweigh evidence. § 390.01114(4)(b)(2); see also, e.g., In re E.D., 884 So.2d 291 . . . Contrary to the dissent's suggestion, section 390.01114(4)(b)(2), in our view, authorizes remand only . . . remand for a new hearing before a different circuit judge pursuant to the remand provision in section 390.01114 . . .
. . . notice of termination of pregnancy pursuant to the Parental Notice of Abortion Act (the Act), section 390.01114 . . . See § 390.01114(4)(c)-(d). . . . . § 390.01114(4)(c)(1)-(2). . . . See § 390.01114(4)(c)-(d); In re Doe, 67 So.3d 268, 268 (Fla. 2d DCA 2011). . . . See § 390.01114(4)(b)(2), (g). . . .
. . . legislature passed a revised version of its parental notification statute that was codified in section 390.01114 . . . Section 390.01114 required a physician to notify a minor’s parent or legal guardian before performing . . . In 2011, the legislature amended section 390.01114 most notably to expand the provisions regarding the . . . whether there may be any undue influence by another on the minor’s decision to have an abortion. § 390.01114 . . . for judicial waiver is denied, she has the ability to appeal the decision to an appellate court. § 390.01114 . . . See § 390.01114(4), Fla. Stat. . . . See § 390.01114(4)(c), (4)(d), Fla. Stat. . . . Under section 390.01114(4)(c), the minor is not required to prove that she is self-sufficient or has . . . See § 390.01114(4)(b)2., Fla. Stat. . . . See § 390.01114(4)(c)l.-2., Fla. Stat. . . . . minor, seeks review of the trial court’s order denying her petition for judicial waiver under section 390.01114 . . .
. . . .; § 390.01114, Fla. Stat. (2013). . . . Const.; § 390.01114, Fla. Stat. (2013). . . . See § 390.01114(4)(b)2„ Fla. . . . . § 390.01114(4)(c)-(d), Fla. Stat. . . . . § 390.01114(4)(b)(2), Fla. Stat. . . . . § 390.01114(4)(b)2., Fla. Stat. (2013). . . .
. . . Appellant is a sixteen-year-old female who petitioned the circuit court, pursuant to Section 390.01114 . . .
. . . 2012-DP-000536-0000-00, dismissing a petition for a judicial waiver of parental notice under section 390.01114 . . . the final order dismissing her petition for judicial waiver of parental notification under section 390.01114 . . . THE APPLICABLE LAW Under section 390.01114(3)(a), a physician is required to notify a minor’s parent . . . See § 390.01114(3)(b)(5). . . . Section 390.01114-(4-)(c)(1)(a): The minor’s age. . . . . § 390.01114(4)(b)(2), (4)(c). . . . light of the case law discussing and attempting to define “sufficiently mature” for purposes of section 390.01114 . . .
. . . The proposal is in response to a recent amendment to section 390.01114(4)(b), Florida Statutes (2010) . . . The aforementioned amendment to section 390.01114(4)(b), Florida Statutes, states that if a circuit court . . . 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 . . .
. . . (Remand of Proceedings), and replacing existing form 8.992 (Clerk’s Certificate Pursuant to Section 390.01114 . . . The amendments to section 390.01114(4) became effective October 1, 2011. . . . The amendments to form 8.990 implement amendments to section 390.01114(4), Florida Statutes, made by . . . lead-in paragraph in the form for the list of factors the court must consider, under amended section 390.01114 . . . (4)(c), rather than a best interests finding, under section 390.01114(4)(d), we modify the new paragraph . . .
. . . Pursuant to section 390.01114(4)(b), Florida Statutes (2010), the trial court “shall rule, and issue . . . Neither the Rules of Juvenile Procedure nor section 390.01114 permits the trial court to defer ruling . . . Section 390.01114(4)(a) states that a minor may seek a judicial waiver in “any circuit court in a judicial . . .
. . . her petition for judicial waiver of parental notice of termination of pregnancy pursuant to section 390.01114 . . . must give a minor’s parent or legal guardian notice prior to the termination of a minor’s pregnancy. § 390.01114 . . . statute provides for judicial waiver of the notice requirement upon proof of certain statutory grounds. § 390.01114 . . . statutory ground that she was “sufficiently mature to decide whether to terminate her pregnancy.” § 390.01114 . . . See § 390.01114(4)(e). . . .
. . . F.S. 390.01114(4)(c).” The Court’s rationale is not sufficient to deny the petition. . . . .] § 390.01114(4)(e), Fla. Stat. (2010). . . . See § 390.01114(4)(d) (“If the court finds, by a preponderance of the evidence, that ... the notification . . .
. . . the final order dismissing her petition for judicial waiver of parental notification under section 390.01114 . . . Section 390.01114(4)(c) requires the minor to establish by clear and convincing evidence that she is . . .
. . . judicial waiver of parental notice of termination of pregnancy pursuant to Florida Statutes section 390.01114 . . . See § 390.01114(4), Fla. Stat. . . . .” § 390.01114(4)(c) (emphasis added). . . . . § 390.01114(4)(d). . . . In cases where the court does not make the findings specified above in section 390.01114(4)(c) or (d) . . .
. . . This court previously granted relief on an expedited basis in this case concerning section 390.01114, . . . Section 390.01114(4)(a) provides that a “minor may petition any circuit court in a judicial circuit within . . . Appellant argued below that section 390.01114(4)(a) was a venue provision and that the statute did not . . . Section 390.01114(4)(a) is not a jurisdictional statute, but is rather a venue provision. . . . Similarly, in AS. this court stated that section 390.01114(4) provides: that the trial court is allowed . . .
. . . The trial court did not make the factual findings mandated by the legislature in section 390.01114(4) . . . seventeen-year-old petitioner was “sufficiently mature to decide whether to terminate her pregnancy.” § 390.01114 . . . the record to indicate that the trial judge applied the correct legal standard enunciated in section 390.01114 . . . because the minor has failed to carry her burden of proving the grounds for a waiver under section 390.01114 . . . Section 390.01114(2)(a) requires a physician to notify a minor’s parent or legal guardian at least forty-eight . . . A minor may petition a circuit court to waive the notification requirement. § 390.01114(4)(a). . . . The statute requires that she establish maturity by clear and convincing evidence. § 390.01114(4)(c). . . . even if it could be accomplished in a manner consistent with the time constraints imposed by section 390.01114 . . . Florida’s legislature has imposed a condition on the exercise of this right in section 390.01114(3)(a . . . a minor’s parent or legal guardian at least 48 hours before performing an abortion on the minor. § 390.01114 . . . rule on it and issue written findings of fact and conclusions of law within 48 hours of its filing. § 390.01114 . . . its order must contain “specific factual findings and legal conclusions supporting its decision.” § 390.01114 . . . written order contain “specific factual findings and legal conclusions supporting its decision.” § 390.01114 . . .
. . . judicial waiver of parental notification of her decision to terminate her pregnancy, pursuant to section 390.01114 . . . Under section 390.01114(4)(c), a trial court should grant a minor’s petition to waive parental notification . . . development, maturity, intellect, and understanding of the minor, and all other relevant evidence.” § 390.01114 . . .
. . . The Legislature intended that proceedings for judicial waiver under section 390.01114(4), Florida Statutes . . . 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 . . . . — (1) the Parental Notice of Abortion Act, which appears at section 390.01114, Florida Statutes; (2 . . . progress through the judicial system without delay and within the time limits specified in section 390.01114 . . . See § 390.01114(4)(a), Fla. Stat. (2006). . . .
. . . Finally, we adopt new forms 8.992 (Clerk’s Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes . . . circuit court within the appellate district in which the petitioner resides as provided by section 390.01114 . . . conjunction with this change, we also adopt new form 8.992 (Clerk’s Certificate Pursuant to Section 390.01114 . . . Clerk’s Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes IN THE CIRCUIT COURT OF THE . . . Accordingly, the petition is granted, and the notice requirement is waived pursuant to section 390.01114 . . .
. . . petition for judicial waiver of parental notification of termination of pregnancy pursuant to section 390.01114 . . . trial court committed clear error when it determined that Doe failed to meet her burden under section 390.01114 . . . had failed to demonstrate an entitlement to a waiver under the "best interest” standard of section 390.01114 . . .
. . . Section 390.01114, Florida Statutes (2005), the Parental Notice of Abortion Act, generally requires notification . . . Jane Doe filed her petition on January 25, 2006, seeking a waiver pursuant to section 390.01114(4)(c) . . . The circuit court misinterpreted section 390.01114(4)(c) and applied an incorrect definition of “sufficiently . . . Therefore, Doe satisfied the clear and convincing standard of proof required in section 390.01114(4)( . . .
. . . judicial waiver of parental notification of the minor’s termination of pregnancy, pursuant to section 390.01114 . . . See § 390.01114(4)(d), Fla. Stat. (2005); Rule 8.825, Florida Rules of Juvenile Procedure. . . .
. . . The Parental Notice of Abortion Act became effective on June 30, 2005, and is codified at section 390.01114 . . . Instead, appellant sought a waiver based on section 390.01114(4)(c), which provides in relevant part . . . failing to address Doe’s alternative claim that she was entitled to a judicial waiver pursuant to section 390.01114 . . . Unless requested otherwise by the minor, the trial court is required by section 390.01114(4)(b) to rule . . .
. . . Parental Notice of Abortion Act (the “Act”), signed into law on May 25, 2005, and codified at section 390.01114 . . . Stat. § 390.01114(3)(a). . . . a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides.” § 390.01114 . . . report the evidence of child abuse or sexual abuse of the petitioner, as provided in s. 39.201.” § 390.01114 . . . Assuming, for the sake of argument, that the bypass courts would construe section 390.01114(4)(d) to . . .
. . . . §§390.01114(2)(d), (3)(b) (West Supp. 2006); Ga Code Ann. §15-11-116 (2005); Idaho Code § 18-609A(1 . . .
. . . The proceeding below arose pursuant to section 390.01114, Florida Statutes (2005). . . . . § 390.01114(3)(a). . . . . § 390.01114(3)(b)(5). . . . 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 . . . Proceedings pursuant to section 390.01114, Florida Statutes (2005), are somewhat different from the routine . . . of the evidence” that notification of the parents “is not in the best interest of the petitioner.” § 390.01114 . . . petitioner shall be given court-appointed counsel without cost to assist the petitioner at the hearing. § 390.01114 . . . shall issue “written and specific factual findings and legal conclusions supporting its decision.” § 390.01114 . . .
. . . trial court did not render a final order on the petition within the 48-hour period specified in section 390.01114 . . . appellant filed her petition for judicial waiver of the parental notification as specified in section 390.01114 . . . Section 390.01114(4), relating to the judicial waiver of parental notification procedures to be followed . . . extension has not been requested, the petition is granted, and the notice requirement is waived.” § 390.01114 . . . contains no suggestion that the appellant requested an extension of the 48-hour period allowed by section 390.01114 . . .
. . . Parental Notice of Abortion Act (the “Act”), signed into law on May 25, 2005, and codified at section 390.01114 . . . Stat. § 390.01114(3)(a). . . . a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides.” § 390.01114 . . . Stat. § 390.01114(3)(b). . . . Plaintiffs’ final argument concerns the alleged lack of a scienter requirement in section 390.01114(3 . . .
. . . This new law repeals section 390.01115, the old parental notice of abortion law, and creates section 390.01114 . . . These rules apply to proceedings instituted pursuant to section 390.01114, Florida Statutes. . . . circuit court within the appellate district in which the petitioner resides as provided by section 390.01114 . . . As provided by section 390.01114(4)(a), Florida Statutes, the circuit court shall advise the minor that . . . As provided by section 390.01114(4)(b), Florida Statutes: (1) Cases commenced under this rule take precedence . . .