In Re: Jane Doe 23-A

          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                        No. 1D2023-3148
                 _____________________________

IN RE: JANE DOE 23-A,

    Appellant.


                 _____________________________


On appeal from the Circuit Court for Calhoun County.
Brandon J. Young, Judge.


                        December 15, 2023

PER CURIAM.

     Jane Doe, a minor seeking to terminate her pregnancy,
appeals the final order dismissing her petition for judicial waiver
of the parental/legal guardian notice and consent requirements
under Florida law. See § 390.01114(3), Fla. Stat. (2023) (providing
that physicians performing abortions must notify and obtain the
consent of a parent or legal guardian before terminating the
pregnancy of a minor unless the circuit court waives the
requirements). In a detailed order, the circuit court determined,
based on the nonadversarial presentation below, that Doe had not
established by clear and convincing evidence that she was
sufficiently mature to decide whether to terminate her pregnancy.
See § 390.01114(6)(c), Fla. Stat.

     Our review of the order is governed by section
390.01114(6)(b)2., Fla. Stat., which directs that “[t]he reason for
overturning a ruling on appeal must be based on abuse of
discretion by the [circuit] court.” We thus consider only the narrow
question of whether the circuit court abused its discretion in
concluding that Doe failed to demonstrate sufficient maturity.
Because we find no such abuse of discretion here, we affirm. The
circuit court’s order addresses and sets out detailed findings for
the factors required under section 390.01114(6)(c)1., Fla. Stat.
Those findings are supported by the record before us.

    AFFIRMED.

NORDBY and LONG, JJ., concur; M.K. THOMAS, J., concurs with
opinion.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________

M.K. Thomas, J., concurring.

     Affirmance is due under the deferential standard of appellate
review required by section 390.01114(6)(b)2., Florida Statutes
(2023). I write only to emphasize Doe’s sole reliance on the waiver
provision allowing termination of her pregnancy without consent
from her “parents or legal guardian.” This process is limited. It
only asks whether the minor has demonstrated sufficient maturity
to obtain an abortion without the knowledge and consent of her
parents or legal guardian. It is not the process by which a family
member is appointed to act as the minor’s legal guardian. To the
extent that Doe and her loved ones wish to obtain a court order
appointing a family member as Doe’s legal guardian, they can file
a guardianship petition with the circuit court. See § 744.3021 Fla.
Stat. (2023) (permitting family members and other interested
persons to petition the court for the appointment of a guardian for
a minor). The record is devoid of any evidence that emergency legal
action was taken to acquire temporary or permanent legal
guardianship designation.

                 _____________________________



                                2
Jane Doe 23-A, pro se, Appellant.




                                3