Not from Florida? - Floridians For Reproductive Freedom

Young people who are from other states who are seeking abortion care in Florida can file for a judicial bypass in any circuit court in Florida (see map and list below). Non-Florida residents are not restricted to any specific circuit. This is different from Florida residents who are to file in a court within the circuit where they live.

Overview of the 2008 1st District Court of Appeal of Florida case: A circuit court determined that it did not have jurisdiction because the minor did not reside within the jurisdiction of the court. Appellant argued that the circuit court erred as a matter of law in holding that it lacked jurisdiction to hear the petition. Appellant asserted that when a minor was a nonresident of the state, Florida law compelled a conclusion that she might file a petition for judicial waiver in any circuit court in the state. The appellate court agreed. Contrary to the circuit court’s ruling, § 390.01114(4)(a) was a venue statute, not a jurisdictional statute. As the statute was silent on the venue in which an out-of-state party was to file a petition, no specific venue was preferred, and the circuit court’s decision was error. However, based on the time limits set forth in the Act, a remand for a new hearing before the circuit court was not authorized. As a result, the appellate court, before issuing its written opinion, had directed that the circuit court immediately issue an order granting the petition.

Full case: In re Doe 07-B_ 973 So. 2d 627

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