Florida Senate - 2019 SB 1726 By Senator Gruters 23-01148A-19 20191726__ 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 denied or abridged; providing that certain actions by 16 specified individuals are grounds for disciplinary 17 actions against such individuals; providing 18 construction; creating s. 1014.05, F.S.; requiring 19 each district school board to develop and adopt a 20 policy to promote parental involvement in the public 21 school system; providing requirements for such policy; 22 authorizing a district school board to provide such 23 policy electronically or on its website; authorizing a 24 parent to request certain information in writing; 25 providing a procedure for the denial of such 26 information; creating s. 1014.06, F.S.; prohibiting 27 certain health care practitioners from taking 28 specified actions without a parent’s written 29 permission; prohibiting certain entities from taking 30 specified actions relating to a minor’s health care 31 without a parent’s written permission; prohibiting a 32 hospital from allowing certain actions without a 33 parent’s written permission; providing exceptions; 34 providing penalties; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Chapter 1014, Florida Statutes, consisting of 39 ss. 1014.01-1014.06, is created and shall be entitled “Parents’ 40 Bill of Rights.” 41 Section 2. Section 1014.01, Florida Statutes, is created to 42 read: 43 1014.01 Short title.—This section and ss. 1014.02-1014.06 44 may be cited as the “Parents’ Bill of Rights.” 45 Section 3. Section 1014.02, Florida Statutes, is created to 46 read: 47 1014.02 Legislative findings and definition.— 48 (1) The Legislature finds that important information 49 relating to a child should not be withheld, either inadvertently 50 or purposefully, from his or her parent, including information 51 relating to the child’s health, well-being, and education, while 52 the child is in the custody of the school district. The 53 Legislature further finds it is necessary to establish a 54 consistent mechanism for parents to be notified of information 55 relating to the health and well-being of their children and that 56 it is a fundamental right of parents to direct the upbringing, 57 education, and care of their children. 58 (2) For purposes of this chapter, the term “parent” means a 59 person who has legal custody of a minor child as a natural or 60 adoptive parent or a legal guardian. 61 Section 4. Section 1014.03, Florida Statutes, is created to 62 read: 63 1014.03 Infringement of parental rights.—The state, any of 64 its political subdivisions, any other governmental entity, or 65 any other institution may not infringe on the fundamental rights 66 of a parent to direct the upbringing, education, health care, 67 and mental health of his or her minor child without 68 demonstrating that such action is reasonable and necessary to 69 achieve a compelling state interest and that such action is 70 narrowly tailored and is not otherwise served by a less 71 restrictive means. 72 Section 5. Section 1014.04, Florida Statutes, is created to 73 read: 74 1014.04 Parental rights.— 75 (1) All parental rights are reserved to the parent of a 76 minor child in this state without obstruction or interference 77 from the state, any of its political subdivisions, any other 78 governmental entity, or any other institution, including, but 79 not limited to, all of the following rights of a parent of a 80 minor child in this state: 81 (a) The right to direct the education and care of his or 82 her minor child. 83 (b) The right to direct the upbringing and the moral or 84 religious training of the minor child. 85 (c) The right, pursuant to s. 1002.20(2)(b) and (6), to 86 enroll his or her child in a public school or, as an alternative 87 to public education, a private school, religious school, a home 88 education program, or other available options. 89 (d) The right to access and review all school records 90 relating to the minor child. 91 (e) The right to make health care decisions for his or her 92 minor child, unless otherwise prohibited by law. 93 (f) The right to access and review all medical records of 94 the minor child, unless prohibited by law or if the parent is 95 the subject of an investigation of a crime committed against the 96 minor child and a law enforcement agency or official requests 97 that the information not be released. 98 (g) The right to consent in writing before a biometric scan 99 of the minor child is made, shared, or stored. 100 (h) The right to consent in writing before any record of 101 his or her minor child’s blood or deoxyribonucleic acid (DNA) is 102 created, stored, or shared, except as required by general law or 103 authorized pursuant to a court order. 104 (i) The right to consent in writing before the state or any 105 of its political subdivisions makes a video or voice recording 106 of his or her minor child unless such recording is made during 107 or as part of a court proceeding, is made by law enforcement or 108 during a law enforcement investigation, is made as part of a 109 forensic interview in a criminal or Department of Children and 110 Families investigation or to be used solely for the following 111 purposes: 112 1. A safety demonstration, including the maintenance of 113 order and discipline in the common areas of a school or on 114 student transportation vehicles; 115 2. A purpose related to a legitimate academic or 116 extracurricular activity; 117 3. A purpose related to regular classroom instructions; 118 4. Security or surveillance of buildings or grounds; or 119 5. A photo identification card. 120 (j) The right to be notified promptly if an employee of the 121 state, any of its political subdivisions, any other governmental 122 entity, or any other institution suspects that a criminal 123 offense has been committed against his or her minor child, 124 unless the incident has first been reported to law enforcement 125 or the Department of Children and Families and notifying the 126 parent would impede the investigation. 127 (2) This section does not: 128 (a) Authorize a parent of a minor child in this state to 129 engage in conduct that is unlawful or to abuse or neglect his or 130 her minor child in violation of general law; 131 (b) Condone, authorize, approve, or apply to a parental 132 action or decision that would end life; 133 (c) Prohibit a court of competent jurisdiction, law 134 enforcement officer, or employees of a government agency that is 135 responsible for child welfare from acting in his or her official 136 capacity within the reasonable and prudent scope of his or her 137 authority; or 138 (d) Prohibit a court of competent jurisdiction from issuing 139 an order that is otherwise permitted by law. 140 (3) An employee of the state, any of its political 141 subdivisions, or any other governmental entity who encourages or 142 coerces, or attempts to encourage or coerce, a minor child to 143 withhold information from his or her parent may be subject to 144 disciplinary action. This subsection does not apply to law 145 enforcement personnel and Department of Children and Families 146 personnel acting within their official capacities. 147 (4) A parent of a minor child in this state has inalienable 148 rights that are more comprehensive than those listed in this 149 section, unless such rights have been legally waived or 150 terminated. This chapter does not prescribe all rights to a 151 parent of a minor child in this state. Unless required by law, 152 the rights of a parent of a minor child in this state may not be 153 limited or denied. This chapter may not be construed to apply to 154 a parental action or decision that would end life. 155 Section 6. Section 1014.05, Florida Statutes, is created to 156 read: 157 1014.05 School district notifications on parental rights.— 158 (1) Each district school board shall, in consultation with 159 parents, teachers, and administrators, develop and adopt a 160 policy to promote parental involvement in the public school 161 system. Such policy must include: 162 (a) A plan for parental participation in schools to improve 163 parent and teacher cooperation in such areas as homework, school 164 attendance, and discipline. 165 (b) A procedure for a parent to learn about his or her 166 child’s course of study, including the source of any 167 supplemental education materials. 168 (c) Procedures for a parent to object to classroom 169 materials and activities and a process for withdrawing his or 170 her student from the activity, class, or program in which such 171 materials or activities are used. Such objections may be based 172 on beliefs regarding morality, sex, and religion or the belief 173 that such materials or activities are harmful. 174 (d) Procedures for a parent to withdraw his or her student 175 from any portion of the school district’s comprehensive health 176 education required under s. 1003.42(2)(n) that relates to sex 177 education or instruction in acquired immune deficiency syndrome 178 education or any instruction regarding sexuality if the parent 179 provides a written objection to his or her child’s 180 participation. Such procedures must provide for a parent to be 181 notified in advance of such course content so that he or she may 182 withdraw his or her student from those portions of the course. 183 (e) Procedures for a parent to learn about the nature and 184 purpose of clubs and activities offered at his or her child’s 185 school, including those that are extracurricular or part of the 186 school curriculum. 187 (f) Procedures for a parent to learn about parental rights 188 and responsibilities under general law, including all of the 189 following: 190 1. The right to opt his or her minor child out of any 191 portion of the school district’s comprehensive health education 192 required under s. 1003.42(2)(n) that relates to sex education 193 instruction in acquired immune deficiency syndrome education or 194 any instruction regarding sexuality. 195 2. School choice options, including open enrollment. 196 3. The right of a parent to exempt his or her student from 197 immunizations. 198 4. The right of a parent to review statewide, standardized 199 assessment results pursuant to s. 1008.22. 200 5. The right of a parent to enroll his or her student in 201 gifted or special education programs. 202 6. The right of a parent to inspect school district 203 instructional materials. 204 7. The right of a parent to access to information relating 205 to the school district’s policies for promotion or retention, 206 including high school graduation requirements. 207 8. The right of a parent to receive a school report card 208 and be informed of his or her child’s attendance requirements. 209 9. The right of a parent to access information relating to 210 the state public education system, state standards, report card 211 requirements, attendance requirements, and instructional 212 materials requirements. 213 10. The right of a parent to participate in parent-teacher 214 associations and organizations that are sanctioned by a district 215 school board or the Department of Education. 216 11. The right of a parent to opt out of any district-level 217 data collection relating to his or her minor child not required 218 by law. 219 (2) A district school board may provide the information 220 required in this section electronically or post such information 221 on its website. 222 (3) A parent may request, in writing, from the district 223 school superintendent the information required under this 224 section. Within 10 days, the district school superintendent must 225 provide such information to the parent. If the district school 226 superintendent denies a parent’s request for information or does 227 not respond to the parent’s request within 10 days, the parent 228 may appeal the denial to the district school board. The district 229 school board must place a parent’s appeal on the agenda for its 230 next public meeting. If it is too late for a parent’s appeal to 231 appear on the next agenda, the appeal must be included on the 232 agenda for the subsequent meeting. 233 Section 7. Section 1014.06, Florida Statutes, is created to 234 read: 235 1014.06 Parental consent for health care purposes.— 236 (1)(a) Except as otherwise provided by law or a court 237 order, a health care practitioner, as defined in s. 456.001, may 238 not solicit to perform, arrange to perform, or perform surgical 239 procedures, physical examinations, mental health evaluations in 240 a clinical or nonclinical setting, or mental health treatments 241 on a minor child or prescribe any prescription drugs to a minor 242 child without the written consent of his or her parent. 243 (b) Except as otherwise provided by law, a person, 244 corporation, association, organization, state-supported 245 institution, or an individual employed by such entities may not 246 procure, solicit to perform, or arrange for the performance of 247 surgical procedures, physical examinations, mental health 248 evaluations in a clinical or nonclinical setting, or mental 249 health treatments on or the prescribing of prescription drugs to 250 minor child without the written consent of his or her parent. 251 (2) Pursuant to general law, a hospital licensed under 252 chapter 395 may not allow a surgical procedure to be performed 253 on a minor child in its facilities without first receiving the 254 written consent of his or her parent. 255 (3) This section does not apply when an emergency condition 256 exists that requires immediate medical attention to prevent a 257 serious injury or save the minor child from death or if a minor 258 child’s parent cannot be located or contacted after a reasonably 259 diligent effort. 260 (4) This section does not apply to an abortion, which is 261 governed by chapter 390. 262 (5) A health care practitioner or other person who violates 263 this section is subject to disciplinary action as provided in 264 general law and commits a misdemeanor of the first degree, 265 punishable as provided in ss. 775.082 and 775.083. 266 Section 8. This act shall take effect July 1, 2019. 267