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In the Circuit Court of the Twelfth Judicial Circuit
in and for DeSoto, Manatee, and Sarasota Counties, Florida

Administrative Order No: 2024–07.2

(amends and supersedes 2006–05.2)

In Re:

Procedures for Expedited
Handling of Petitions Filed
Pursuant to Section 390.0114,
Florida Statutes

The Parental Notice of and Consent for Abortion Act (“Act”), § 390.0114, Fla. Stat. (2020), provides that a physician may not perform or induce the termination of a pregnancy of a minor unless the physician has given at least 48 hours’ notice to a parent or legal guardian of the minor prior to the inducement or performance of the termination of pregnancy.

The Act provides for judicial waiver of notice to the parent(s) or legal guardian.

The Act requires that the court give these proceedings precedence over other pending matters to ensure that the court reaches a decision, rules, and issues written findings of fact and conclusions of law no later than three (3) business days after the petition is filed.

The Florida Supreme Court adopted Florida Rules of Juvenile Procedure 8.800, et. seq., and accompanying forms for the use of Petitioners, which may be found at the Twelfth Circuit’s website (jud12.flcourts.org), under Juvenile Courts Forms, or at the Florida Courts website (flcourts.gov). Copies of those forms are attached hereto.

By Administrative Order 2006–5.2, this Court adopted procedures to ensure that proceedings brought pursuant to the Act are handled expeditiously. It has become necessary to update that Order.

It is, accordingly, ordered as follows:

Assignment and Scheduling Hearings

  1. All petitions seeking judicial waiver of the notice requirements of § 390.01114, Fla. Stat., shall be filed in the Juvenile Division of this court.
  2. The Clerk of Circuit Court and the Court shall give such petitions priority over other pending matters.
  3. Immediately upon the petition being filed, the Clerk of Circuit Court shall provide a copy of the petition to the judge assigned to the Juvenile Division.
  4. A hearing on the petition shall be held no later than 48 hours after the petition is filed.
  5. If the judge assigned to the Juvenile Division is not available, the Clerk of Circuit Court will contact a judge assigned to the Family Division to coordinate a hearing. If no Family Division judge is available, the Clerk of Circuit Court will contact the Chief Judge or Trial Court Administrator who will designate a judge to conduct the hearing.
  6. After the Clerk has coordinated a hearing time, the Clerk will provide notice of the hearing to the Petitioner, pursuant to Fla. R. Juv. P. 8.805(d). The Clerk will notify the appropriate Court Services officials with the sheriff’s office, who will arrange to have the hearing conducted in a closed courtroom. Court Services will make all appropriate arrangements to protect the identity of the Petitioner.

Right to Counsel

  1. The Court will advise the minor that she has the right to court-appointed counsel and, upon her request, shall provide her with counsel from the Twelfth Judicial Circuit court-appointed registry at no cost. Counsel shall be provided to the minor at least 24 hours before the court proceeding.

Confidentiality

  1. Any information that can be used to identify a minor petitioning for judicial waiver is confidential, pursuant to § 390.01116, Fla. Stat. (2015). The court file will be sealed, and the minor’s identity will remain anonymous. All proceedings on the petition will be conducted in a closed courtroom.

Recording and Transcripts

  1. Pursuant to § 390.01114(e), Fla. Stat., the hearing shall be recorded by the court, via either an Official Court Reporter or a Digital Court Recording (the choice shall be at the court’s discretion).
  2. The recorded hearing shall be transcribed as soon as possible upon its conclusion. The transcript shall be sealed and held confidential, pursuant to §§ 390.01116 and 390.01118, Fla. Stat., and Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(1)(B)(vii).

Administrative Order 2006.5.2 is amended and superseded by this order.

This Administrative Order is effective upon signing.

Done and ordered in Bradenton, Manatee County, Florida this 29 day of February, 2024.

Diana L. Moreland
Chief Judge

Attachments

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