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Serving Flagler, Putnam, St. Johns, and Volusia Counties

FM-2021-037-SC

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Judicial Waivers of Parental Notice and Consent or Consent Only to Termination of Pregnancy

Ref: FM-2021-037-SC (Rescinds FM-2020-037-SC)

WHEREAS, § 390.01114, Florida Statutes, the Parental Notice of and Consent for Abortion Act, requires physicians performing procedures which terminate pregnancies of minors in certain circumstances to comply with statutory parental notice and consent requirements, and

WHEREAS, § 390.01114(6)(a), Florida Statutes, permits a minor to petition any circuit court in which the minor resides for a waiver of the notice and consent requirements and permits said minor to participate in proceedings on her own behalf, and

WHEREAS, pursuant to Administrative Order, Judicial Waivers of Parental Notice and Consent or Consent Only for Termination of Pregnancy cases have been assigned to the Family Law division, and

WHEREAS, it has come to the attention of the undersigned that a more specific assignment of said cases to judges presiding in juvenile dependency matters is warranted and that a procedure must therefore also be established that addresses the handling of such cases in the event a dependency judge is not available, and

WHEREAS, cases involving minors petitioning the court for Judicial Waivers of Parental Notice and Consent or Consent Only for Termination of Pregnancy are time sensitive and must be given precedence. Absent a time extension requested by the minor, judges must issue rulings with written findings within 3 business days after a petition is filed.

NOW THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that upon the filing of a Petition for Judicial Waiver of Parental Notice and Consent or Consent Only for Termination of Pregnancy in any county within the Seventh Judicial Circuit, such filing shall be delivered immediately to a judge assigned to hear juvenile dependency matters within the county for his/her review and scheduled for hearing within 3 business days of filing.

IT IS FURTHER ORDERED, that in the event a juvenile dependency judge is not available to review and/or hear such matter within 3 business days, the matter shall be delivered to a different judge in the Family Law division within the county for his/her review and/or hearing within 3 business days.

IT IS FURTHER ORDERED, that the Court Administrator’s office, shall prepare a reference guide containing relevant statutory authorities, rule references, and forms to facilitate prompt and expeditious rulings and promote consistent procedures throughout the circuit.

IT IS FURTHER ORDERED that Administrative Order FM-2020-037-SC is hereby rescinded.

TO BE RECORDED, in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 19th day of March 2021.

/s/ Raul A. Zambrano
Raul A. Zambrano
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties