1 | The Committee on Judiciary recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | House Joint Resolution |
6 | A joint resolution proposing the creation of Section 26 of |
7 | Article I of the State Constitution to provide certain |
8 | constitutional rights of parents with respect to their |
9 | children, to require the Legislature to protect such |
10 | rights by appropriate legislation, and to exclude |
11 | application of the section to certain minors and laws. |
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13 | Be It Resolved by the Legislature of the State of Florida: |
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15 | That the creation of Section 26 of Article I of the State |
16 | Constitution set forth below is agreed to and shall be submitted |
17 | to the electors of Florida for approval or rejection at the |
18 | general election to be held in November 2004: |
19 | ARTICLE I |
20 | DECLARATION OF RIGHTS |
21 | SECTION 26. Parental rights.--Parents have a fundamental |
22 | right to raise, educate, and care for their children. The |
23 | legislature shall protect parental rights by appropriate |
24 | legislation, notwithstanding Section 23 of Article I as it |
25 | relates to the privacy of minors. Nothing in this section shall |
26 | be construed to apply to minors emancipated by general law or |
27 | laws protecting minors from neglect, abuse, or criminal |
28 | wrongdoing. |
29 | BE IT FURTHER RESOLVED that the title and substance of the |
30 | amendment proposed herein shall appear on the ballot as follows: |
31 | PARENTAL RIGHTS |
32 | Proposes the creation of Section 26 of Article I of the |
33 | State Constitution to provide that parents have a fundamental |
34 | right to raise, educate, and care for their children; to require |
35 | the Legislature to protect parental rights by appropriate |
36 | legislation, notwithstanding Section 23 of Article I of the |
37 | State Constitution as it relates to the privacy of minors; and |
38 | to exclude application of the new section to minors emancipated |
39 | by general law or laws protecting minors from neglect, abuse, or |
40 | criminal wrongdoing. The amendment addresses the relationship |
41 | between parents and the state by expressly affirming parental |
42 | rights with express exceptions. The amendment also addresses the |
43 | relative rights of parents and children when such rights come |
44 | into legal conflict. The amendment establishes that parental |
45 | rights supersede any rights specifically claimed by minors under |
46 | the state privacy provision, Section 23 of Article I of the |
47 | State Constitution. This would allow the Legislature to protect |
48 | parental rights in the matters affecting their children, |
49 | including, but not limited to, the decision of a minor to obtain |
50 | an abortion. Minors would retain all of the rights guaranteed |
51 | under the United States Constitution. Minors would also continue |
52 | to be protected under the State Constitution, including the |
53 | state privacy provision, except when in conflict with a parental |
54 | right under the amendment. |