IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY ADMINISTRATIVE ORDER: 5.018 IN RE: JUDICIAL WAIVER OF PARENTAL NOTICE OF ABORTION ____________________________: WHEREAS, the Florida legislature has enacted new legislation implementing the “Parental Notice of Abortion Act”; and WHEREAS, this legislation has been codified at section 390.0111 (4) and (5), Florida Statutes, (1999), to require parental notification, or judicial waiver thereof, before an abortion may be performed on a minor; and WHEREAS, section 390.0111 (5) establishes a cause of action for judicial waiver of such notice, criteria for granting such waiver of notice, and certain procedures related to such cause of action; and WHEREAS, the Supreme Court has adopted, on an emergency basis, Florida Rule of Civil Procedure 1.840, and accompanying form 1.999, as well as amendments to Florida Rule of Appellate Procedure 9.110 (1), to implement judicial procedures related to such cause of action; and WHEREAS, a decision on a Petition filed pursuant to section 390.0111 (5) must be rendered within 48 hours; and WHEREAS, any information in documents related to such Petitions which could be used to identify the minor is confidential, and Court files must be sealed to ensure that the minor shall remain anonymous; and WHEREAS, the Supreme Court has by Administrative Order, directed that certain date about such Petitions be gathered and reported; and
WHEREAS, the “Parental Notice of Abortion Act” and related procedures became effective July 1, 1999; NOW, THEREFORE, IT IS ORDERED as follows: (1) The Clerk of Court shall establish procedures for sealing and maintaining the confidentiality of all files, documents, tapes, and other materials related to any case filed under the “Parental Notice of Abortion Act.” When a Petition is filed, the Clerk will enter the exact date and time of filing on the face of the first page of the Petition. Each case will be assigned a juvenile dependency division case number, and be assigned to a juvenile court judge pursuant to Administrative Order 2.004/99-1. There shall be no filing fee or court costs assessed against the Petitioner. The Clerk shall deliver the Petition immediately to the judge to whom the case is assigned. If that judge is not available, the Clerk will immediately deliver the petition to any other juvenile court judge, circuit judge, or duty judge. The forms, “Petition for Judicial Waiver of Parental Notice of Abortion” and “Order on Petition for Judicial Waiver of Abortion” attached hereto as Attachments A and B, respectively, are approved for use in this Circuit. Approval of these forms does not indicate that the Court has reviewed or ruled on the constitutionality of the “Parental Notice of Abortion Act.” The Clerk shall make Attachments A and B available to litigants, and counsel if any, at no cost. Upon delivery of the Petition to the judge who will preside over the action, the Clerk shall obtain from that judge’s judicial assistant, a notice of the hearing date, time, and place, which shall be within 48 hours of the date and
(2)
(3) (4)
(5)
(6)
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time stamped by the Clerk on the face of the Petition. The Clerk will then serve the notice of hearing on the Petitioner. (8) The judicial assistant for the judge presiding over the case shall secure the presence of a court reporter for the hearing. At the conclusion of the hearing, the court reporter shall prepare a transcript of the hearing on a non-emergency basis, and provide the original only to the Clerk of Court for filing in the Court file. Upon completion of the hearing, the Court will enter a completed Order, similar to Attachment B, and cause such Order to made part of the Court file. If no such Order, or Order of Continuance, is entered within 48 hours, the Clerk shall certify that fact by completing a certificate, which is substantially similar to Attachment C, attached hereto, and place said certificate in the Court file.
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(10) The Clerk of Court shall file with the Supreme Court, by the 15th day of each month, the report form as shown in Attachment D. The first report shall be submitted by August 15, 1999, as instructed on the form. DONE AND SIGNED in Chambers, at Key West, Monroe County, Florida, this __6__ day of August, 1999.
________________________________ Hon. Mark Jones, Chief Judge
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA
IN RE: _______________________________, Petitioner, A Minor, PETITION FOR JUDICIAL WAIVER OF PARENTAL NOTICE OF ABORTION (Florida Rule of Civil Procedure Form 1.999, 6/99) I, {Petitioner’s full legal name}_____________________________________, certify that the following statements are true: 1. The name of the minor is:_________________________________________. The telephone number and address for confidential notice are: ___________________________________________________________ _______ ___________________________________________________________ _______ If the Petitioner is someone other than the minor, the name, address, and telephone number of the Petitioner are: ___________________________________________________________ _______ ___________________________________________________________ _______ And, the relationship of the Petitioner to the minor is: ___________________________________________________________ _______ The minor’s date of birth is: _______________________________________ The minor is pregnant and notice has not been waived. The minor desires to terminate her pregnancy without notice to a parent or legal guardian for the following reason(s): [Check any that apply] ____ a. The minor is sufficiently mature to decide whether to terminate her pregnancy, as evidenced by:
2.
3. 4. 5.
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ____ b. The minor is a victim of child abuse or sexual abuse by one of both of her parents or guardian. ____ c. Notification of a parent or guardian is not in the best interests of the minor for the following reason(s):
_____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ The minor requests that the Court enter an Order authorizing her consent to the termination of her pregnancy without notification of a parent or legal guardian. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:___________________ ___________________________________ Signature ___________________________________ Printed Name STATE OF FLORIDA COUNTY OF MONROE Sworn to or affirmed and signed before me on ______________________________
by __________________________________. _____________________________________ NOTARY PUBLIC – STATE OF FLORIDA [Print, type, or stamp commissioned name of Notary] _____ Personally known _____ Produced identification Type produced_______________________________
IN THE CIRCUIT COURT OF THE SIXTEEENTH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA IN RE: ______________________________, Petitioner, A Minor, ORDER ON PETITION FOR JUDICIAL WAIVER OF PARENTAL NOTICE OF ABORTION THIS CAUSE having come before the Court upon the Petition for Judicial Waiver of Parental Notice of Abortion, and the Court, having reviewed said Petition, and having heard the testimony offered, hereby finds, by clear and convincing evidence, that: 1. The minor is pregnant, and notice has not been waived, pursuant to Florida Statute Section 390.0111 (4). Initial all that apply 2. _____ a. The minor is sufficiently mature to decide whether to terminate her pregnancy. _____ b. The minor is a victim of child abuse or sexual abuse by one or both of her parents or guardian. _____ c. Notification of a parent of guardian is not in the best interest of the minor.
The factual findings in support of this decision are: ___________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 4. It is, therefore ORDERED AND ADJUDGED that: _____ a. The Petition for Judicial Waiver of Parental Notice of is GRANTED. _____ b. The Court cannot make the findings required by section 390.0111(5), Florida Statutes. It is therefore, ORDERED and ADJUDGED that the Petition is dismissed without prejudice to amend or supplement. A confidential record of the evidence and findings in this case shall be maintained.
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ORDERED on this ______ day of ___________________, 1999.
______________________________________ Circuit Judge
IN THE CIRCUIT COURT OF THE SIXTEEENTH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA IN RE: _____________________________, Petitioner, A Minor, CERTIFICATE OF CLERK I HEREBY CERTIFY that 48 hours have elapsed since the filing of a petition in the above-referenced matter. There has been no request for an extension, and a hearing has not been held within the 48 hour time period.
DATED this ______ day of ________________, 1999, at _______ o’clock __.m..
By:_____________________________________ Deputy Clerk
Supreme Court of Florida
Summary for the Month of ____________, 19_____ ______Circuit _______County DO NOT REPORT THESE CASES UNDER SRS AT THIS TIME Parental Notice of Abortion Act A. Number of Petitions Filed 390.01115 (4)(a), Florida Statutes B. Disposition of Petitions 1. Granted 2. Dismissed 3. Granted without Judicial Order (48 hours expired without order being entered by the court) Total Number of Petitions Disposed (the sum of B.1 + B.2 + B.3)
ü Submit this form on the 15th of each month via post to the Office of the State Courts Administrator, Attention: Court Services, 500 South Duval Street, Supreme Court Building, Tallahassee, Florida 32399-1900 or via fax at (850) 414-1342. ü Questions may be directed to Frank Funderburk at (850) 487-0843, SunCom 2870843, or via e-mail at funderbf@flcourts.org.
Attachment D