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         1014.01Short 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         1014.02Legislative 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         1014.03Infringement 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         1014.04Parental 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         1014.05School 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         1014.06Parental 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