| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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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. |
| 12 |
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| 13 | Be It Resolved by the Legislature of the State of Florida: |
| 14 |
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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. |