Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 390.01114 | Lawyer Caselaw & Research
F.S. 390.01114 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 390.01114

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 390
TERMINATION OF PREGNANCIES
View Entire Chapter
F.S. 390.01114
390.01114 Parental Notice of and Consent for Abortion Act.
(1) SHORT TITLE.This section may be cited as the “Parental Notice of and Consent for Abortion Act.”
(2) DEFINITIONS.As used in this section, the term:
(a) “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, and documented in the minor’s files.
(b) “Child abuse” means abandonment, abuse, harm, mental injury, neglect, physical injury, or sexual abuse of a child as those terms are defined in ss. 39.01, 827.04, and 984.03.
(c) “Constructive notice” means notice that is given in writing, signed by the physician, and mailed at least 72 hours before the inducement or performance of the termination of pregnancy, to the last known address of the parent or legal guardian of the minor, by first-class mail and by certified mail, return receipt requested, and delivery restricted to the parent or legal guardian. After the 72 hours have passed, delivery is deemed to have occurred.
(d) “Medical emergency” means a condition that, on the basis of a physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate termination of her pregnancy to avert her death, or for which a delay in the termination of her pregnancy will create serious risk of substantial and irreversible impairment of a major bodily function.
(e) “Sexual abuse” has the meaning ascribed in s. 39.01.
(f) “Minor” means a person under the age of 18 years.
(3) TERMINATION OF THE PREGNANCY OF A MINOR.A physician may not perform or induce the termination of a pregnancy of a minor unless the physician has complied with the notice and consent requirements of this section.
(4) NOTIFICATION REQUIRED.
(a) Actual notice shall be provided by the physician performing or inducing the termination of pregnancy before the performance or inducement of the termination of the pregnancy of a minor. The notice may be given by a referring physician. The physician who performs or induces the termination of pregnancy must receive the written statement of the referring physician certifying that the referring physician has given notice. If actual notice is not possible after a reasonable effort has been made, the physician performing or inducing the termination of pregnancy or the referring physician must give constructive notice. Notice given under this subsection by the physician performing or inducing the termination of pregnancy must include the name and address of the facility providing the termination of pregnancy and the name of the physician providing notice. Notice given under this subsection by a referring physician must include the name and address of the facility where he or she is referring the minor and the name of the physician providing notice. If actual notice is provided by telephone, the physician must actually speak with the parent or guardian, and must record in the minor’s medical file the name of the parent or guardian provided notice, the phone number dialed, and the date and time of the call. If constructive notice is given, the physician must document that notice by placing copies of any document related to the constructive notice, including, but not limited to, a copy of the letter and the return receipt, in the minor’s medical file. Actual notice given by telephone shall be confirmed in writing, signed by the physician, and mailed to the last known address of the parent or legal guardian of the minor, by first-class mail and by certified mail, return receipt requested, with delivery restricted to the parent or legal guardian.
(b) Notice is not required if:
1. In the physician’s good faith clinical judgment, a medical emergency exists and there is insufficient time for the attending physician to comply with the notification requirements. If a medical emergency exists, the physician shall make reasonable attempts, whenever possible, without endangering the minor, to contact the parent or legal guardian, and may proceed, but must document reasons for the medical necessity in the patient’s medical records. The physician shall provide notice directly, in person or by telephone, to the parent or legal guardian, including details of the medical emergency and any additional risks to the minor. If the parent or legal guardian has not been notified within 24 hours after the termination of the pregnancy, the physician shall provide notice in writing, including details of the medical emergency and any additional risks to the minor, signed by the physician, to the last known address of the parent or legal guardian of the minor, by first-class mail and by certified mail, return receipt requested, with delivery restricted to the parent or legal guardian;
2. Notice is waived in writing by the person who is entitled to notice and such waiver is notarized, dated not more than 30 days before the termination of pregnancy, and contains a specific waiver of the right of the parent or legal guardian to notice of the minor’s termination of pregnancy;
3. Notice is waived by the minor who is or has been married or has had the disability of nonage removed under s. 743.015 or a similar statute of another state;
4. Notice is waived by the patient because the patient has a minor child dependent on her; or
5. Notice is waived under subsection (6).
(c) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 or s. 459.015.
(5) PARENTAL CONSENT REQUIRED.
(a) A physician must obtain written consent from a parent or legal guardian before performing or inducing the termination of a pregnancy of a minor.
1. The consenting parent or legal guardian shall provide to the physician a copy of a government-issued proof of identification. The parent or legal guardian shall certify in a signed, dated, and notarized document, initialed on each page, that he or she consents to the termination of the pregnancy of the minor. The document must include the following statement, which must precede the signature of the parent or guardian: “I,   (insert name of parent or legal guardian)  , am the   (select “parent” or “legal guardian,” as appropriate)   of   (insert name of minor)   and give consent for   (insert name of physician)   to perform or induce a termination of pregnancy on her. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.” A copy of the parent’s or legal guardian’s government-issued proof of identification must be attached to the notarized document.
2. The physician shall keep a copy of the proof of identification of the parent or legal guardian and the certified statement in the medical file of the minor for 5 years after the minor reaches the age of 18 years, but in no event less than 7 years.
3. A physician receiving consent from a parent or guardian under this section shall execute for inclusion in the medical record of the minor an affidavit stating: “I,   (insert name of physician)  , certify that, according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the minor and her parent or legal guardian as sufficient evidence of identity.”
(b) The consent of a parent or guardian is not required if:
1. Notification is not required as provided in subparagraph (4)(b)1., subparagraph (4)(b)3., subparagraph (4)(b)4., or subparagraph (4)(b)5.;
2. Notification is not required due to the existence of a waiver as provided in subparagraph (4)(b)2., if that waiver is signed by the minor’s parent or legal guardian, is notarized, is dated within 30 days before the termination of the pregnancy, contains a specific waiver of the right of the parent or legal guardian to consent to the minor’s termination of pregnancy, and a copy of the parent’s or legal guardian’s government-issued proof of identification is attached to the waiver;
3. Consent is waived under subsection (6); or
4. In the physician’s good faith clinical judgment, a medical emergency exists and there is insufficient time for the attending physician to comply with the consent requirement. If a medical emergency exists, the physician must make reasonable attempts, whenever possible, and without endangering the minor, to contact the parent or legal guardian of the minor, and may proceed, but must document reasons for the medical necessity in the minor patient’s medical records. The physician shall inform the parent or legal guardian, in person or by telephone, within 24 hours after the termination of the pregnancy of the minor, including details of the medical emergency that necessitated the termination of the pregnancy without the parent’s or legal guardian’s consent. The physician shall also provide this information in writing to the parent or legal guardian at his or her last known address, by first-class mail or by certified mail, return receipt requested, with delivery restricted to the parent or legal guardian.
(c)1. A physician who intentionally or recklessly performs or induces, or attempts to perform or induce, a termination of a pregnancy of a minor without obtaining the required consent pursuant to this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A penalty may not be assessed against the minor upon whom a termination of pregnancy is performed or induced or upon whom a termination of pregnancy is attempted to be performed or induced.
2. It is a defense to prosecution that a minor misrepresented her age or identity to a physician by displaying a driver license or identification card issued by the state or another state which indicated that the minor was 18 years of age or older and that the appearance of the minor was such that a reasonably prudent person would believe that the minor was not under 18 years of age. To use the defense, a physician must provide a copy of the driver license or identification card used by the minor. The defense does not apply if the physician is shown to have had independent knowledge of the minor’s actual age or identity or to have failed to use due diligence in determining the minor’s age or identity.
(6) PROCEDURE FOR JUDICIAL WAIVER.
(a) A minor may petition any circuit court in which the minor resides for a waiver of the requirements of this section and may participate in proceedings on her own behalf. The petition may be filed under a pseudonym or through the use of initials, as provided by court rule. The petition must include a statement that the petitioner is pregnant and that the requirements of this section have not been waived. The court shall advise the minor that she has a right to court-appointed counsel at no cost to the minor. The court shall, upon request, provide counsel for the minor at least 24 hours before the court proceeding.
(b)1. Court proceedings under this section must be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. The court shall rule, and issue written findings of fact and conclusions of law, within 3 business days after the petition is filed, except that the 3-business-day limitation may be extended at the request of the minor. If the court fails to rule within the 3-business-day period and an extension has not been requested, the minor may immediately petition for a hearing upon the expiration of the 3-business-day period to the chief judge of the circuit, who must ensure a hearing is held within 48 hours after receipt of the minor’s petition and an order is entered within 24 hours after the hearing.
2. If the circuit court does not grant judicial waiver of the requirements of this section, the minor has the right to appeal. An appellate court must rule within 7 days after receipt of appeal, but a ruling may be remanded with further instruction for a ruling within 3 business days after the remand. The reason for overturning a ruling on appeal must be based on abuse of discretion by the court and may not be based on the weight of the evidence presented to the circuit court since the proceeding is a nonadversarial proceeding.
(c) 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 consent to the performance or inducement of a termination of the pregnancy. If the court does not make the finding specified in this paragraph or paragraph (d), it must dismiss the petition. Factors the court shall consider include:
1. The minor’s:
a. Age.
b. Overall intelligence.
c. Emotional development and stability.
d. Credibility and demeanor as a witness.
e. 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.
2. Whether there may be any undue influence by another on the minor’s decision to have an abortion.
(d) If the court finds, by a preponderance of the evidence, that the petitioner is the victim of child abuse or sexual abuse inflicted by one or both of her parents or her guardian, or by clear and convincing evidence that the requirements of this section are not in the best interest of the petitioner, the court shall issue an order authorizing the minor to consent to the performance or inducement of a termination of the pregnancy. The best-interest standard does not include 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. If 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. If the court does not make the finding specified in this paragraph or paragraph (c), it must dismiss the petition.
(e) A court that conducts proceedings under this section shall:
1. Provide for a written transcript of all testimony and proceedings;
2. Issue a final written order containing factual findings and legal conclusions supporting its decision, including factual findings and legal conclusions relating to the maturity of the minor as provided under paragraph (c); and
3. Order that a confidential record be maintained, as required under s. 390.01116.
(f) All hearings under this section, including appeals, shall remain confidential and closed to the public, as provided by court rule. Subject to a judge’s availability as required under s. 26.20, hearings held under this section must be held in chambers or in a similarly private and informal setting within the courthouse.
(g) An expedited appeal shall be made available, as the Supreme Court provides by rule, to any minor to whom the circuit court denies a waiver of the requirements of this section. An order authorizing a termination of pregnancy under this subsection is not subject to appeal.
(h) Filing fees or court costs may not be required of any pregnant minor who petitions a court for a waiver of the requirements of this section at either the trial or the appellate level.
(i) A county is not obligated to pay the salaries, costs, or expenses of any counsel appointed by the court under this subsection.
(7) PROCEEDINGS.The Supreme Court is requested to adopt rules and forms for petitions to ensure that proceedings under subsection (6) are handled expeditiously and in a manner consistent with this act. The Supreme Court is also requested to adopt rules to ensure that the hearings protect the minor’s confidentiality and the confidentiality of the proceedings.
(8) REPORT.The Supreme Court, through the Office of the State Courts Administrator, shall report by February 1 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the number of petitions filed under subsection (6) for the preceding year, and the timing and manner of disposal of such petitions by each circuit court. For each petition resulting in a waiver of the requirements of this section, the reason for the waiver shall be included in the report.
History.s. 2, ch. 2005-52; s. 43, ch. 2006-1; s. 47, ch. 2011-213; s. 1, ch. 2011-227; s. 2, ch. 2020-147.

F.S. 390.01114 on Google Scholar

F.S. 390.01114 on Casetext

Amendments to 390.01114


Arrestable Offenses / Crimes under Fla. Stat. 390.01114
Level: Degree
Misdemeanor/Felony: First/Second/Third

S390.01114 3 - ABORTION - PHYSICIAN PERF ABORTION MINOR WO NOTICE CONSNT - F: T
S390.01114 5a - ABORTION - PHYSICIAN NOT OBT GUARDN CONSNT ABORTION MINOR - F: T
S390.01114 5a1 - ABORTION - PHYSICIAN FAIL COMPLY GUARD REQ ABORTION MINOR - F: T
S390.01114 5a2 - ABORTION - PHYSICIAN FAIL COMPLY RECORD GUARD CONSENT REQ - F: T
S390.01114 5a3 - ABORTION - PHYSICIAN FAILURE AFFIDAVIT GUARD CONSENT REQ - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . 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 . . .

REPRODUCTIVE HEALTH SERVICES, v. T. MARSHALL,, 268 F. Supp. 3d 1261 (M.D. Ala. 2017)

. . . . § 390.01114 (Florida); Ga. . . .

In DOE A,, 204 So.3d 175 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

In DOE a, 153 So. 3d 925 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

In DOE a, 139 So. 3d 428 (Fla. Dist. Ct. App. 2014)

. . . 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). . . .

In JANE DOE A,, 136 So. 3d 723 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

In DOE A,, 136 So. 3d 748 (Fla. Dist. Ct. App. 2014)

. . . .; § 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). . . .

In DOE,, 112 So. 3d 791 (Fla. Dist. Ct. App. 2013)

. . . Appellant is a sixteen-year-old female who petitioned the circuit court, pursuant to Section 390.01114 . . .

In DOE a, 113 So. 3d 882 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE, 84 So. 3d 224 (Fla. 2012)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 75 So. 3d 216 (Fla. 2011)

. . . (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 . . .

In DOE, 55 So. 3d 755 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

In DOE a, 67 So. 3d 268 (Fla. Dist. Ct. App. 2011)

. . . 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). . . .

In DOE, 46 So. 3d 1172 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In DOE a, 36 So. 3d 164 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In Re DOE,, 5 So. 3d 721 (Fla. Dist. Ct. App. 2009)

. . . 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) . . .

In DOE B, 973 So. 2d 627 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

In DOE a, 973 So. 2d 548 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

In DOE,, 967 So. 2d 1017 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

In DOE A,, 969 So. 2d 1068 (Fla. Dist. Ct. App. 2007)

. . . See § 390.01114(4)(e), Fla. . . .

In DOE C, 948 So. 2d 30 (Fla. Dist. Ct. App. 2006)

. . . 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). . . .

In AMENDMENTS TO THE RULES OF JUVENILE PROCEDURE- FORMS FOR USE WITH RULES OF JUVENILE PROCEDURE AND THE FLORIDA RULES OF APPELLATE PROCEDURE- JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY, 934 So. 2d 438 (Fla. 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 . . .

In JANE DOE A, a, 932 So. 2d 499 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

In DOE, a, 924 So. 2d 935 (Fla. Dist. Ct. App. 2006)

. . . 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)( . . .

In DOE, A, 943 So. 2d 806 (Fla. Dist. Ct. App. 2006)

. . . 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. . . .

In DOE, a, 921 So. 2d 753 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1309 (N.D. Fla. 2006)

. . . 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 . . .

AYOTTE, ATTORNEY GENERAL OF NEW HAMPSHIRE v. PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND, 546 U.S. 320 (U.S. 2006)

. . . . §§390.01114(2)(d), (3)(b) (West Supp. 2006); Ga Code Ann. §15-11-116 (2005); Idaho Code § 18-609A(1 . . .

In DOE a, 932 So. 2d 278 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

In A. S. a, 909 So. 2d 524 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1293 (N.D. Fla. 2005)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE FORMS FOR USE WITH RULES OF JUVENILE PROCEDURE AND THE FLORIDA RULES OF APPELLATE PROCEDURE- JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY, 907 So. 2d 1161 (Fla. 2005)

. . . 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 . . .