IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420 (2021)

This matter is before the Court for consideration of further amendments to the Florida Rules of Juvenile Procedure, the Florida Rules of Judicial Administration, and the Florida Rules of Appellate Procedure.¹ Previously in this case, The Florida Bar's Rules of Judicial Administration Committee (RJA Committee) and Juvenile Court Rules Committee (JCR Committee) filed a joint “fast-track” report proposing amendments to the Florida Rules of Judicial Administration and Florida Rules of Juvenile Procedure in response to recent legislation. See Fla. R. Jud. Admin. 2.140(e). The Court adopted the proposed amendments with minor modifications, and on our own motion, we amended a Florida Rule of Appellate Procedure to conform with a proposed amendment to a Rule of Juvenile Procedure. In re Amendments to Fla. Rule of Jud. Admin. 2.420, Fla. Rules of Juv. Pro., & Fla. Rule of App. Pro. Form 9.900(f)—2020 Joint Fast-Track Report, 302 So. 3d 746 (Fla. 2020).

Because the amendments were not published for comment prior to their adoption, interested parties were permitted to file comments with the Court after their adoption. Five comments were received. Thereafter, both the RJA Committee and the JCR Committee filed responses to the comments. Upon consideration of the comments and responses, the Court now further amends the Florida Rules of Juvenile Procedure and Florida Rules of Appellate Procedure as discussed below.

BACKGROUND

In the July 2, 2020, opinion in this case, the Court amended Florida Rule of Judicial Administration 2.420 (Public Access to and Protection of Judicial Branch Records); Florida Rules of Juvenile Procedure 8.805 (Commencement of Proceedings), 8.810 (Petition), 8.815 (Counsel), 8.820 (Hearing), 8.830 (Transcripts), and 8.835 (Confidentiality of Records); and Florida Rules of Juvenile Procedure Forms 8.987 (Petition for Judicial Waiver of Parental Consent to or Notification of and Consent to Termination of Pregnancy), 8.988 (Sworn Statement of True Name and Pseudonym), 8.990 (Final Order Granting Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), and 8.992 (Minor's Petition to Chief Judge to Require a Hearing on Her Petition for Judicial Waiver of Consent or Notice and Consent). These amendments were in response to legislative changes to section 390.01114, Florida Statutes (2019), which as amended in 2020 requires parental consent to the termination of pregnancy procedure performed on a minor, and the creation of section 390.01118, Florida Statutes (2020), which made any information held by a circuit or appellate court that could be used to identify a minor who petitions the court for a waiver of parental notice or consent for termination of pregnancy confidential and exempt from the public's right to access under article I, section 24(a) of the Florida Constitution. Additionally, on our own motion, the Court amended Florida Rule of Appellate Procedure Form 9.900(f) (Notice of Appeal of an Order Dismissing a Petition for a Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy and Advisory Notice to Minor) for consistency with the amendments to the Florida Rules of Juvenile Procedure and section 390.01114.

The amendments became effective immediately upon the release of the July 2, 2020, opinion. However, interested persons were given an opportunity to file comments with the Court after the amendments were adopted. Four comments contend that the amended rules and forms are confusing because they imply that a minor may seek waiver of and that a court may waive notice, consent, or both, whereas section 390.01114 provides for a collective waiver of both notice and consent only. Thus, these four commenters urge the Court to amend the relevant rules and forms to reflect that only a collective waiver of notice and consent may be sought. The fifth comment, filed by the Appellate Court Rules Committee (ACR Committee), recommends amendments so that the language used in the rules and forms is consistent with section 390.01114. Specifically, the ACR Committee suggests that the title of the petition throughout the juvenile and appellate rules be “Petition for Judicial Waiver of Parental Notice of and Consent for Termination of Pregnancy.” Additionally, the ACR Committee requests that the Court consider amendments to Florida Rule of Appellate Procedure 9.147(a)–(c), which addresses appellate proceedings for reviewing final orders dismissing petitions for judicial waivers, and rule 9.300(d)(11), which provides that motions filed relating to proceedings under rule 9.147 do not toll time, that are consistent with the July 2, 2020, amendments, so that references to the judicial waiver petition will be consistent across all rule sets.

Both the RJA Committee and JCR Committee filed responses to the comments. The RJA Committee declined to propose further amendments to Rule of Judicial Administration 2.420(d)(1)(B)(vii). The JCR Committee declined to propose amendments to the Florida Rules of Juvenile Procedure to reflect that only a waiver of notice and consent may be sought, because it can envision a scenario where a minor seeks only a waiver of parental consent after a parent is notified by the physician but denies consent. However, it did agree that the rules and forms could be clearer and more concise. Thus, the JCR Committee proposes further amendments to Florida Rules of Juvenile Procedure 8.805 (Commencement of Proceedings), 8.810 (Petition), 8.820 (Hearing), and 8.835 (Confidentiality of Records), and forms 8.987 (Petition for Judicial Waiver of Parental Consent to or Notification of and Consent to Termination of Pregnancy), 8.988 (Sworn Statement of True Name and Pseudonym), 8.990 (Final Order Granting Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), and 8.992 (Minor's Petition to Chief Judge to Require a Hearing on Her Petition for Judicial Waiver of Consent or Notice and Consent). The proposed amendments delete language regarding judicial waiver of notice only and clearly distinguish between seeking a waiver of notice and consent and consent only. The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the JCR Committee's proposals.

Upon consideration of the comments and the committees’ responses to the comments, we adopt the additional amendments as proposed by the JCR Committee, with modifications. Additionally, we amend Florida Rules of Appellate Procedure 9.147(a)–(c) and 9.300(d)(11) and form 9.900(f) (Notice of Appeal of an Order Dismissing a Petition for a Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy and Advisory Notice to Minor) for consistency with the amendments to the Florida Rules of Juvenile Procedure. The more significant amendments are discussed below.

AMENDMENTS

First, the title of Florida Rule of Juvenile Procedure Form 8.987, which is the form for a petition for judicial waiver, is amended, as proposed, to read “Petition for Judicial Waiver of Parental Notice and Consent or Consent Only to Termination of Pregnancy.” Next, references to the petition in rules 8.805 (Commencement of Proceedings) and 8.835 (Confidentiality of Records) and forms 8.988 (Sworn Statement of True Name and Pseudonym), 8.990 (Final Order Granting Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Consent to or Notice of and Consent to Termination of Pregnancy), and 8.992 (Minor's Petition to Chief Judge to Require a Hearing on Her Petition for Judicial Waiver of Consent or Notice and Consent) have similarly been amended to reflect the amended title. Also, the variants of “consent to or notice of and consent to” throughout the rules and forms have been amended to “notice and consent or consent only.”

Next, in form 8.987, the petition for judicial waiver, the paragraph addressing appointment of counsel is amended to inform the minor that appointment of counsel will be at no cost to the minor as contemplated by section 390.01114(6)(a), Florida Statutes (2020). We further amend form 8.987 by replacing “Notification of” with “Notice and consent or consent only from” in paragraph (4)c. so that the sentence reads, “Notice and consent or consent only from a parent or legal guardian is not in the best interests of the minor ․” This language is consistent with the language in form 8.990, which is the order granting a petition for judicial waiver.

Additionally, form 8.990, which outlines an order granting a petition for judicial waiver, is amended to eliminate the possibility that a court could grant a waiver of notice only because waiver of consent will always be required if a court grants the petition.

Finally, we amend the references to the petition for judicial waiver in Florida Rules of Appellate Procedure 9.147(a)–(c) and 9.300(d)(11) and form 9.900(f) to reflect the amended title, as requested by the ACR Committee.

CONCLUSION

Accordingly, the Florida Rules of Juvenile Procedure and the Florida Rules of Appellate Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion.

It is so ordered.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.