Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 404
Ì594366FÎ594366
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/21/2020 .
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The Committee on Rules (Gibson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 236 and 237
4 insert:
5 (j)1. The Office of the State Courts Administrator shall
6 develop and publish materials informing the public of the
7 procedures for judicial waiver under this subsection. The
8 materials must be published in hard copy format and posted on
9 the Office of the State Courts Administrator’s website on the
10 webpage provided in subparagraph 3. in an easily downloadable
11 format. The materials must include information that is stated in
12 plain, easily understandable language corresponding to a grade 5
13 reading level and must include all of the following information:
14 a. An explanation that a minor who is unable to obtain
15 parental consent or a waiver of parental notification for an
16 abortion may petition a circuit court to obtain a judicial
17 waiver.
18 b. A statement that any information that could be used to
19 identify a minor who petitions the court for a judicial waiver
20 is confidential and exempt from public disclosure, that judges
21 and court staff must maintain that confidentiality, and that any
22 personal identifying information contained in a court record
23 must be kept confidential.
24 c. A step-by-step guide detailing the procedures for
25 obtaining a judicial waiver, from the initiation of a petition
26 for judicial waiver to a court’s final ruling, and, if
27 applicable, by county, an expected timeline for proceedings;
28 where the minor can locate and obtain materials, physically or
29 online; where and how a petition and any necessary paperwork may
30 be filed; and a list of important deadlines.
31 d. A list of each county’s clerk of the court, including
32 addresses, office hours, and the direct contact information for
33 a staff member who is familiar with the judicial waiver
34 procedures in a particular circuit’s jurisdiction.
35 e. Information about how to access the names and contact
36 information for attorneys who provide services on a pro bono
37 basis to minors seeking a judicial waiver.
38 f. Information about the evidentiary standard that the
39 court is required to use when deciding whether to grant or deny
40 a judicial waiver, including a list of evidence the minor must
41 provide to the court during the hearing.
42 2. The Office of the State Courts Administrator must
43 provide an adequate amount of published materials in hard copy
44 to each clerk of the court and to each health care provider that
45 offers abortion services which include all of the information
46 required in subparagraph 1. regarding judicial waiver
47 procedures.
48 3. The Office of the State Courts Administrator must
49 publish a clearly visible hyperlink on its website which directs
50 the public to a stand-alone webpage. The webpage may not share a
51 uniform resource locator (URL) with any other information and
52 must contain all of the information required in subparagraph 1.
53 The hyperlink to the URL must clearly identify that it provides
54 information regarding the judicial waiver procedures for a minor
55 who is seeking to obtain an abortion without parental consent or
56 notification.
57 4. At least annually, the Office of the State Courts
58 Administrator must review and, if necessary, update the
59 materials and information required under this paragraph for
60 accuracy, including all contact information for the clerks of
61 the court and the courthouses where a minor may file a petition
62 for a judicial waiver.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete line 40
67 and insert:
68 appointed counsel; requiring the Office of the State
69 Courts Administrator to develop and publish certain
70 informational materials in hard copy format and online
71 regarding procedures for obtaining judicial waivers;
72 prescribing the format and content of the materials;
73 providing for the distribution of the materials;
74 requiring the office to publish a clearly visible
75 website hyperlink to a specified webpage containing
76 certain information on the judicial waivers; requiring
77 the office to annually review and update, as
78 necessary, the informational materials, including
79 certain specified information; requesting the Supreme
80 Court to