Florida Senate - 2020                                    SB 1634
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01618A-20                                          20201634__
    1                        A bill to be entitled                      
    2         An act relating to parental rights; creating chapter
    3         1014, F.S.; creating s. 1014.01, F.S.; providing a
    4         short title; creating s. 1014.02, F.S.; providing
    5         legislative findings; defining the term “parent”;
    6         creating s. 1014.03, F.S.; providing that the state,
    7         its political subdivisions, other governmental
    8         entities, or other institutions may not infringe on
    9         parental rights without demonstrating specified
   10         information; creating s. 1014.04, F.S.; providing that
   11         a parent of a minor child has specified rights
   12         relating to his or her minor child; prohibiting the
   13         state from infringing upon specified parental rights;
   14         prohibiting specified parental rights from being
   15         limited or denied; providing that certain actions by
   16         specified individuals are grounds for disciplinary
   17         actions against those individuals; providing
   18         construction; creating s. 1014.05, F.S.; requiring
   19         each district school board in consultation with
   20         parents, teachers, and administrators, to develop and
   21         adopt a policy to promote parental involvement in the
   22         public school system; providing requirements for such
   23         policy; defining the term “instructional materials”;
   24         authorizing a district school board to provide such
   25         policy electronically or on its website; authorizing a
   26         parent to request certain information in writing;
   27         providing a procedure for appealing the denial of such
   28         information requests; creating s. 1014.06, F.S.;
   29         prohibiting certain health care practitioners from
   30         taking specified actions without a parent’s written
   31         permission; prohibiting certain entities from taking
   32         specified actions relating to a minor’s health care
   33         without a parent’s written permission; prohibiting a
   34         health care facility from allowing certain actions
   35         without a parent’s written permission; providing
   36         exceptions; providing for disciplinary actions and
   37         criminal penalties; amending s. 408.813, F.S.;
   38         providing that certain violations relating to parental
   39         consent are grounds for administrative fines for
   40         health care facilities; amending s. 456.072, F.S.;
   41         providing that failure to comply with certain parental
   42         consent requirements is grounds for disciplinary
   43         action for health care practitioners; providing an
   44         effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Chapter 1014, Florida Statutes, consisting of
   49  ss. 1014.01-1014.06, is created and shall be entitled “Parents’
   50  Bill of Rights.”
   51         Section 2. Section 1014.01, Florida Statutes, is created to
   52  read:
   53         1014.01Short title.—This section and ss. 1014.02-1014.06
   54  may be cited as the “Parents’ Bill of Rights.”
   55         Section 3. Section 1014.02, Florida Statutes, is created to
   56  read:
   57         1014.02Legislative findings and definition.—
   58         (1)The Legislature finds that it is a fundamental right of
   59  parents to direct the upbringing, education, and care of their
   60  minor children. The Legislature further finds that important
   61  information relating to a minor child should not be withheld,
   62  either inadvertently or purposefully, from his or her parent,
   63  including information relating to the minor child’s health,
   64  well-being, and education, while the minor child is in the
   65  custody of the school district. The Legislature further finds it
   66  is necessary to establish a consistent mechanism for parents to
   67  be notified of information relating to the health and well-being
   68  of their minor children.
   69         (2)For purposes of this chapter, the term “parent” means a
   70  person who has legal custody of a minor child as a natural or
   71  adoptive parent or a legal guardian.
   72         Section 4. Section 1014.03, Florida Statutes, is created to
   73  read:
   74         1014.03Infringement of parental rights.—The state, any of
   75  its political subdivisions, any other governmental entity, or
   76  any other institution may not infringe on the fundamental rights
   77  of a parent to direct the upbringing, education, health care,
   78  and mental health of his or her minor child without
   79  demonstrating that such action is reasonable and necessary to
   80  achieve a compelling state interest and that such action is
   81  narrowly tailored and is not otherwise served by a less
   82  restrictive means.
   83         Section 5. Section 1014.04, Florida Statutes, is created to
   84  read:
   85         1014.04Parental rights.—
   86         (1)All parental rights are reserved to the parent of a
   87  minor child in this state without obstruction or interference
   88  from the state, any of its political subdivisions, any other
   89  governmental entity, or any other institution, including, but
   90  not limited to, all of the following rights of a parent of a
   91  minor child in this state:
   92         (a)The right to direct the education and care of his or
   93  her minor child.
   94         (b)The right to direct the upbringing and the moral or
   95  religious training of his or her minor child.
   96         (c)The right, pursuant to s. 1002.20(2)(b) and (6), to
   97  enroll his or her minor child in a public school or, as an
   98  alternative to public education, a private school, religious
   99  school, a home education program, or other available options.
  100         (d)The right, pursuant to s. 1002.20(13), to access and
  101  review all school records relating to his or her minor child.
  102         (e)The right to make health care decisions for his or her
  103  minor child, unless otherwise prohibited by law.
  104         (f)The right to access and review all medical records of
  105  his or her minor child, unless prohibited by law or if the
  106  parent is the subject of an investigation of a crime committed
  107  against the minor child and a law enforcement agency or official
  108  requests that the information not be released.
  109         (g)The right to consent in writing before a biometric scan
  110  of his or her minor child is made, shared, or stored.
  111         (h)The right to consent in writing before any record of
  112  his or her minor child’s blood or deoxyribonucleic acid (DNA) is
  113  created, stored, or shared, except as required by general law or
  114  authorized pursuant to a court order.
  115         (i)The right to consent in writing before the state or any
  116  of its political subdivisions makes a video or voice recording
  117  of his or her minor child unless such recording is made during
  118  or as part of a court proceeding or is made as part of a
  119  forensic interview in a criminal or Department of Children and
  120  Families investigation or is to be used solely for the following
  121  purposes:
  122         1.A safety demonstration, including the maintenance of
  123  order and discipline in the common areas of a school or on
  124  student transportation vehicles;
  125         2.A purpose related to a legitimate academic or
  126  extracurricular activity;
  127         3.A purpose related to regular classroom instructions;
  128         4.Security or surveillance of buildings or grounds; or
  129         5.A photo identification card.
  130         (j)The right to be notified promptly if an employee of the
  131  state, any of its political subdivisions, any other governmental
  132  entity, or any other institution suspects that a criminal
  133  offense has been committed against his or her minor child,
  134  unless the incident has first been reported to law enforcement
  135  or the Department of Children and Families and notifying the
  136  parent would impede the investigation.
  137         (2)This section does not:
  138         (a)Authorize a parent of a minor child in this state to
  139  engage in conduct that is unlawful or to abuse or neglect his or
  140  her minor child in violation of general law;
  141         (b)Condone, authorize, approve, or apply to a parental
  142  action or decision that would end life;
  143         (c)Prohibit a court of competent jurisdiction, law
  144  enforcement officer, or employee of a government agency that is
  145  responsible for child welfare from acting in his or her official
  146  capacity within the reasonable and prudent scope of his or her
  147  authority; or
  148         (d)Prohibit a court of competent jurisdiction from issuing
  149  an order that is otherwise permitted by law.
  150         (3)An employee of the state, any of its political
  151  subdivisions, or any other governmental entity who encourages or
  152  coerces, or attempts to encourage or coerce, a minor child to
  153  withhold information from his or her parent may be subject to
  154  disciplinary action.
  155         (4)A parent of a minor child in this state has inalienable
  156  rights that are more comprehensive than those listed in this
  157  section, unless such rights have been legally waived or
  158  terminated. This chapter does not prescribe all rights to a
  159  parent of a minor child in this state. Unless required by law,
  160  the rights of a parent of a minor child in this state may not be
  161  limited or denied. This chapter may not be construed to apply to
  162  a parental action or decision that would end life.
  163         Section 6. Section 1014.05, Florida Statutes, is created to
  164  read:
  165         1014.05School district notifications on parental rights.—
  166         (1)Each district school board shall, in consultation with
  167  parents, teachers, and administrators, develop and adopt a
  168  policy to promote parental involvement in the public school
  169  system. Such policy must include:
  170         (a)A plan, pursuant to s. 1002.23, for parental
  171  participation in schools to improve parent and teacher
  172  cooperation in such areas as homework, school attendance, and
  173  discipline.
  174         (b)A procedure, pursuant to s. 1002.20(19)(b), for a
  175  parent to learn about his or her minor child’s course of study,
  176  including the source of any supplemental education materials.
  177         (c)Procedures for a parent to object to instructional
  178  materials, including all classroom materials and school
  179  activities, pursuant to s. 1006.28(2)(a)2., and a process for
  180  withdrawing his or her minor child from the activity, class, or
  181  program in which such materials or activities are used. Such
  182  objections may be based on beliefs regarding morality, sex, and
  183  religion or the belief that such materials or activities are
  184  harmful. The term “instructional materials” includes, but is not
  185  limited to, textbooks, workbooks and worksheets, handouts,
  186  software, applications, Internet courses, and any and all
  187  digital media available to students pursuant to their role as a
  188  student in public school.
  189         (d)Procedures, pursuant to s. 1002.20(3)(d), for a parent
  190  to withdraw his or her minor child from any portion of the
  191  school district’s comprehensive health education required under
  192  s. 1003.42(2)(n) that relates to sex education or instruction in
  193  acquired immune deficiency syndrome education or any instruction
  194  regarding sexuality if the parent provides a written objection
  195  to his or her minor child’s participation. Such procedures must
  196  provide for a parent to be notified in advance of such course
  197  content so that he or she may withdraw his or her minor child
  198  from those portions of the course.
  199         (e)Procedures, pursuant to s. 1006.195(1)(a), for a parent
  200  to learn about the nature and purpose of clubs and activities
  201  offered at his or her minor child’s school, including those that
  202  are extracurricular or part of the school curriculum.
  203         (f)Procedures for a parent to learn about parental rights
  204  and responsibilities under general law, including all of the
  205  following:
  206         1.Pursuant to s. 1002.20(3)(d), the right to opt his or
  207  her minor child out of any portion of the school district’s
  208  comprehensive health education required under s. 1003.42(2)(n)
  209  that relates to sex education instruction in acquired immune
  210  deficiency syndrome education or any instruction regarding
  211  sexuality.
  212         2.A plan to disseminate information, pursuant to s.
  213  1002.20(6), about school choice options, including open
  214  enrollment.
  215         3.In accordance with s. 1002.20(3)(b), the right of a
  216  parent to exempt his or her minor child from immunizations.
  217         4.In accordance with s. 1008.22, the right of a parent to
  218  review statewide, standardized assessment results.
  219         5.In accordance with s. 1003.57, the right of a parent to
  220  enroll his or her minor child in gifted or special education
  221  programs.
  222         6.In accordance with s. 1006.28(2)(a)1., the right of a
  223  parent to inspect school district instructional materials.
  224         7.In accordance with s. 1008.25, the right of a parent to
  225  access information relating to the school district’s policies
  226  for promotion or retention, including high school graduation
  227  requirements.
  228         8.In accordance with s. 1002.20(14), the right of a parent
  229  to receive a school report card and be informed of his or her
  230  minor child’s attendance requirements.
  231         9.In accordance with s. 1002.23, the right of a parent to
  232  access information relating to the state public education
  233  system, state standards, report card requirements, attendance
  234  requirements, and instructional materials requirements.
  235         10.In accordance with s. 1002.23(4), the right of a parent
  236  to participate in parent-teacher associations and organizations
  237  that are sanctioned by a district school board or the Department
  238  of Education.
  239         11.In accordance with s. 1002.222(1)(a), the right of a
  240  parent to opt out of any district-level data collection relating
  241  to his or her minor child not required by law.
  242         (2)A district school board may provide the information
  243  required in this section electronically or post such information
  244  on its website.
  245         (3)A parent may request, in writing, from the district
  246  school superintendent the information required under this
  247  section. Within 10 days, the district school superintendent must
  248  provide such information to the parent. If the district school
  249  superintendent denies a parent’s request for information or does
  250  not respond to the parent’s request within 10 days, the parent
  251  may appeal the denial to the district school board. The district
  252  school board must place a parent’s appeal on the agenda for its
  253  next public meeting. If it is too late for a parent’s appeal to
  254  appear on the next agenda, the appeal must be included on the
  255  agenda for the subsequent meeting.
  256         Section 7. Section 1014.06, Florida Statutes, is created to
  257  read:
  258         1014.06Parental consent for health care services.—
  259         (1)(a)Except as otherwise provided by law, a health care
  260  practitioner, as defined in s. 456.001, may not provide or
  261  solicit or arrange to provide health care services or prescribe
  262  medicinal drugs to a minor child without first obtaining written
  263  parental consent.
  264         (b)Except as otherwise provided by law, a person, as
  265  defined in s. 1.01, or an individual employed by such person may
  266  not provide or solicit or arrange to provide health care
  267  services or prescribe medicinal drugs to a minor child without
  268  first obtaining written parental consent.
  269         (2)Except as otherwise provided by law or a court order, a
  270  provider, as defined in s. 408.803, may not allow a medical
  271  procedure to be performed on a minor child in its facility
  272  without first obtaining written parental consent.
  273         (3)This section does not apply to an abortion, which is
  274  governed by chapter 390.
  275         (4)A health care practitioner or other person who violates
  276  this section is subject to disciplinary action pursuant to s.
  277  408.813 or s. 456.072, as applicable, and commits a misdemeanor
  278  of the first degree, punishable as provided in s. 775.082 or s.
  279  775.083.
  280         Section 8. Paragraph (f) is added to subsection (3) of
  281  section 408.813, Florida Statutes, to read:
  282         408.813 Administrative fines; violations.—As a penalty for
  283  any violation of this part, authorizing statutes, or applicable
  284  rules, the agency may impose an administrative fine.
  285         (3) The agency may impose an administrative fine for a
  286  violation that is not designated as a class I, class II, class
  287  III, or class IV violation. Unless otherwise specified by law,
  288  the amount of the fine may not exceed $500 for each violation.
  289  Unclassified violations include:
  290         (f)Violating the parental consent requirements of s.
  291  1014.06.
  292         Section 9. Paragraph (pp) is added to subsection (1) of
  293  section 456.072, Florida Statutes, to read:
  294         456.072 Grounds for discipline; penalties; enforcement.—
  295         (1) The following acts shall constitute grounds for which
  296  the disciplinary actions specified in subsection (2) may be
  297  taken:
  298         (pp)Failure to comply with the parental consent
  299  requirements of s. 1014.06.
  300         Section 10. This act shall take effect July 1, 2020.