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Florida Statute 390.01116 | Lawyer Caselaw & Research
F.S. 390.01116 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 390.01116

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIX
PUBLIC HEALTH
Chapter 390
TERMINATION OF PREGNANCIES
View Entire Chapter
F.S. 390.01116
390.01116 Public records exemptions; minors seeking waiver of notice requirements.—Any information that can be used to identify a minor petitioning a circuit court for a judicial waiver, as provided in s. 390.01114, of the notice requirements under the Parental Notice of Abortion Act is:
(1) Confidential and exempt from s. 24(a), Art. I of the State Constitution if held by a circuit court or an appellate court.
(2) Confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if held by the office of criminal conflict and civil regional counsel or the Justice Administrative Commission.
History.—s. 1, ch. 99-321; ss. 1, 2, ch. 2005-104; ss. 1, 3, ch. 2010-41; s. 1, ch. 2015-74.

F.S. 390.01116 on Google Scholar

F.S. 390.01116 on Casetext

Amendments to 390.01116


Arrestable Offenses / Crimes under Fla. Stat. 390.01116
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 390.01116.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    302 So. 3d 746 (Fla. 2020)   Cited 1 times
    3. The clerk shall keep and maintain a confidential record of these proceedings as provided by sections 390.01114 and 390.01116, Florida Statuteslaw, and shall seal the record.
    PAGE 760

  2. In re Amendments to the Fla. Rules of Juvenile Procedure 2018 Regular-Cycle Report

    258 So. 3d 1254 (Fla. 2018)
    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.
    PAGE 1297

  3. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    156 So. 3d 499 (Fla. 2015)
    (vii) Information that can be used to identify a minor petitioning for a waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.
    PAGE 501

  4. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    124 So. 3d 819 (Fla. 2013)
    (vii) Identifying I nformation in a petition by that can be used to identify a minor petitioning for a waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.
    PAGE 827

  5. In re Amendments to Florida Rule

    68 So. 3d 228 (Fla. 2011)   Cited 5 times
    — Identifying information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat. (If the document is filed within a Ch. 390 waiver of parental notice case, this form is not required.)
    PAGE 232

  6. In re Amend. to Rule of Jud. Admin

    31 So. 3d 756 (Fla. 2010)   Cited 10 times
    ___ Identifying information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat. (If the document is filed within a Ch. 390 waiver of parental notice case, this form is not required.)
    PAGE 779

  7. In re Doe

    948 So. 2d 30 (Fla. Dist. Ct. App. 2006)   Cited 2 times
    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. Stat. (2006) (requesting that the Florida Supreme Court adopt rules to protect confidentiality of minor and proceedings); § 390.01116, Fla. Stat. (2006) (making "any information in a record held by the circuit court or an appellate court which could be used to identify the minor . . . confidential and exempt from" Florida's public record laws).
    PAGE 33

  8. Amendments to Rules of Juv. Procedure-Forms

    934 So. 2d 438 (Fla. 2006)   Cited 2 times
    2. The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116, Florida Statutes, and shall seal the record.
    PAGE 443

  9. Womancare of Orlando Inc. v. Agwunobi

    448 F. Supp. 2d 1309 (N.D. Fla. 2006)   Cited 1 times
    Without trying to glean what the Florida Legislature intended when it added the section 39.201 qualifier to the reporting requirement, the court notes that the Florida 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 by s. 390.01116. " § 390.01114(4)(e). Under section 390.01116, all records that could be used to identify a minor seeking a bypass are confidential and exempt from Florida's public records laws. By rule, (a) bypass hearings "shall be closed to the public and all records thereof shall remain confidential, Fla. R. Juv. P. 8.820(e); and (b) "any information including the…

  10. In re Doe

    932 So. 2d 278 (Fla. Dist. Ct. App. 2005)   Cited 23 times
    Doe gave the exact date of her birthday. To better ensure her anonymity, see § 390.01116, we are giving only general descriptions of this and other more detailed aspects of her testimony.
    PAGE 280

    Cases from cite.case.law:

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

    . . . keep and maintain a confidential record of these proceedings as provided by sections 390.01114 and 390.01116 . . .

    In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

    . . . . § 390.01116, Fla. Stat. (viii) Clinical records under the Baker Act. § 394.4615(7), Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

    . . . . § 390.01116, Fla. Stat. . . . information in-petition by minor-for-waiver of parental-notice when seeking-to-terminote pregnancy. § 390.01116 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

    . . . . § 390.01116, Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

    . . . . § 390.01116, Fia. Stat. . . . information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § 390.01116 . . .

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

    . . . that the Florida Supreme Court adopt rales to protect confidentiality of minor and proceedings); § 390.01116 . . .

    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)

    . . . public and all records thereof shall remain confidential as provided by sections 390.01114(4)(e) and 390.01116 . . . The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116 . . .

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

    . . . , factual findings and legal conclusions, be maintained as confidential records “as re quired by s. 390.01116 . . . Under section 390.01116, all records that could be used to identify a minor seeking a bypass are confidential . . .

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

    . . . To better ensure her anonymity, see § 390.01116, we are giving only general descriptions of this and . . .

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

    . . . transcripts, factual findings and legal conclusions, be maintained as confidential records “as required by s. 390.01116 . . . Under section 390.01116, all records that could be used to identify a minor seeking a bypass are confidential . . .

    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)

    . . . public and all records thereof shall remain confidential as provided by sections 390.01114(4)(e) and 390.01116 . . . Confidentiality of Records (a) As provided by section 390.01116, Florida Statutes, any information including . . . The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116 . . . The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116 . . .