Florida Senate - 2022                                    SB 1684
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01623-22                                           20221684__
    1                        A bill to be entitled                      
    2         An act relating to the Parents’ Bill of Rights;
    3         creating s. 1014.07, F.S.; creating a cause of action
    4         for parents for an infringement of parental rights
    5         relating to the upbringing, education, health care,
    6         and mental health of their children; providing for
    7         declaratory relief, injunctive relief, and the
    8         recovery of actual damages; providing for the recovery
    9         of reasonable attorney fees and costs; providing that
   10         a parent is considered a prevailing party under
   11         specified circumstances; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 1014.07, Florida Statutes, is created to
   16  read:
   17         1014.07 Private remedy.—
   18         (1) A parent may bring a civil action:
   19         (a) For actual damages caused by a violation of this
   20  chapter;
   21         (b) To obtain a declaratory judgment that an act or a
   22  practice violates this chapter; or
   23         (c) To enjoin an entity that has violated, is violating, or
   24  is otherwise likely to violate this chapter.
   25         (2)(a) A parent who prevails in a suit brought under this
   26  section may recover actual damages, plus reasonable attorney
   27  fees and court costs.
   28         (b) If, after a parent files suit under this section, a
   29  defendant voluntarily changes or ceases the act or practice that
   30  is the basis of the suit, the parent is considered the
   31  prevailing party for purposes of this section.
   32         Section 2. This act shall take effect July 1, 2022.