HB 0159CS

CHAMBER ACTION




1The Committee on Judiciary recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
House Joint Resolution
6A joint resolution proposing the creation of Section 26 of
7Article I of the State Constitution to provide certain
8constitutional rights of parents with respect to their
9children, to require the Legislature to protect such
10rights by appropriate legislation, and to exclude
11application of the section to certain minors and laws.
12
13Be 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
16Constitution set forth below is agreed to and shall be submitted
17to the electors of Florida for approval or rejection at the
18general election to be held in November 2004:
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ARTICLE I
20
DECLARATION OF RIGHTS
21     SECTION 26.  Parental rights.--Parents have a fundamental
22right to raise, educate, and care for their children. The
23legislature shall protect parental rights by appropriate
24legislation, notwithstanding Section 23 of Article I as it
25relates to the privacy of minors. Nothing in this section shall
26be construed to apply to minors emancipated by general law or
27laws protecting minors from neglect, abuse, or criminal
28wrongdoing.
29     BE IT FURTHER RESOLVED that the title and substance of the
30amendment proposed herein shall appear on the ballot as follows:
31
PARENTAL RIGHTS
32     Proposes the creation of Section 26 of Article I of the
33State Constitution to provide that parents have a fundamental
34right to raise, educate, and care for their children; to require
35the Legislature to protect parental rights by appropriate
36legislation, notwithstanding Section 23 of Article I of the
37State Constitution as it relates to the privacy of minors; and
38to exclude application of the new section to minors emancipated
39by general law or laws protecting minors from neglect, abuse, or
40criminal wrongdoing. The amendment addresses the relationship
41between parents and the state by expressly affirming parental
42rights with express exceptions. The amendment also addresses the
43relative rights of parents and children when such rights come
44into legal conflict. The amendment establishes that parental
45rights supersede any rights specifically claimed by minors under
46the state privacy provision, Section 23 of Article I of the
47State Constitution. This would allow the Legislature to protect
48parental rights in the matters affecting their children,
49including, but not limited to, the decision of a minor to obtain
50an abortion. Minors would retain all of the rights guaranteed
51under the United States Constitution. Minors would also continue
52to be protected under the State Constitution, including the
53state privacy provision, except when in conflict with a parental
54right under the amendment.


CODING: Words stricken are deletions; words underlined are additions.