Florida Senate - 2023                                     SB 584
       
       
        
       By Senator Book
       
       
       
       
       
       35-00618A-23                                           2023584__
    1                        A bill to be entitled                      
    2         An act relating to the rights of children; creating
    3         part IV of ch. 391, F.S., entitled “Children’s Bill of
    4         Rights Act”; creating s. 391.311, F.S.; defining
    5         terms; creating s. 391.312, F.S.; providing for
    6         specified rights of children; authorizing and
    7         encouraging district school boards to establish
    8         certain educational programs; authorizing district
    9         school boards to provide such programs in conjunction
   10         with certain other education programs and instruction;
   11         creating s. 391.313, F.S.; prohibiting the state and
   12         certain governmental agencies from deliberately
   13         infringing on the rights of children; providing duties
   14         for the state and such agencies to ensure such rights
   15         are protected; requiring the state to take certain
   16         appropriate measures to protect children from
   17         specified harms; amending s. 402.56, F.S.; revising a
   18         short title; renaming the “Children and Youth Cabinet”
   19         as the “Commission on the Status of Children and
   20         Youth”; revising a legislative finding; removing the
   21         commission from the Executive Office of the Governor;
   22         revising requirements for commission meetings,
   23         membership, and duties; providing requirements for
   24         votes of the commission; providing membership
   25         requirements for the advisory board appointed by the
   26         Governor; providing for the appointment of an
   27         executive director of the commission; requiring the
   28         Department of Management Services to provide support
   29         staff for the commission and the executive director;
   30         authorizing the commission to request information and
   31         presentations from certain governmental agencies;
   32         authorizing the commission to adopt rules; amending s.
   33         402.57, F.S.; conforming a provision to changes made
   34         by the act; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Part IV of chapter 391, Florida Statutes,
   39  consisting of ss. 391.311, 391.312, and 391.313, Florida
   40  Statutes, is created and entitled “Children’s Bill of Rights
   41  Act.”
   42         Section 2. Section 391.311, Florida Statutes, is created to
   43  read:
   44         391.311Definitions.—As used in this part, the term:
   45         (1)“Child” or “youth” has the same meaning as in s. 39.01.
   46         (2)“Parent” has the same meaning as in s. 1014.02(2).
   47         (3)“Vulnerable youth” means any person younger than 18
   48  years of age whose everyday life has been or may be
   49  characterized by violence, sexual abuse, negligence, substance
   50  abuse, crime, psychiatric or mental disorders, a lack of
   51  interest in school, or a lack of positive adult relationships.
   52         Section 3. Section 391.312, Florida Statutes, is created to
   53  read:
   54         391.312Rights of children.—
   55         (1)(a)A child has the right, with guidance and supervision
   56  from each parent, to:
   57         1.Seek, receive, and impart information and ideas of any
   58  kind, verbally, in writing or print, in the form of art, or
   59  through any other medium of the child’s choice.
   60         2.Freedom of thought, conscience, and religion and to
   61  exercise this right verbally, in writing or print, in the form
   62  of art, or through any other medium of the child’s choice.
   63         (b)The state or governmental agencies that provide
   64  services for children, youth, and their families shall respect
   65  the rights and duties of parents to provide direction to the
   66  child in the exercise of his or her rights in a manner
   67  consistent with the evolving capacities and needs of the child.
   68         (c)Any restrictions imposed upon the exercise of a child’s
   69  rights may be only by law and as necessary for the respect of
   70  the rights or reputations of others or for the protection of
   71  public order.
   72         (2)(a)A child has the right not to be subjected to
   73  arbitrary, capricious, or unlawful interference with or attacks
   74  on his or her privacy, family, home, correspondence with one or
   75  both parents, or honor and reputation.
   76         (b)A child has the right to the protection of the law
   77  against such interference and attacks.
   78         (3)A child has the explicit and inalienable right to an
   79  education, and the state shall enact measures to achieve this
   80  right based on equal opportunity.
   81         (4)In areas of this state where linguistic minority groups
   82  or indigenous populations reside, a child belonging to such a
   83  minority group or indigenous population has the right, in
   84  community with other members of his or her group or population,
   85  to enjoy his or her own culture and to use his or her own
   86  language.
   87         (5)A child has the right to maintain a bank account, to
   88  work, and to manage personal income, including any allowance,
   89  consistent with his or her age and developmental level, unless
   90  otherwise prohibited by law, and to be informed about any funds
   91  being held in a trust on behalf of the child.
   92         (6)A child has the right to receive medical, dental,
   93  vision, and mental health services as needed; to be free of the
   94  administration of psychotropic medication or chemical substances
   95  unless the administration of such medication or substances is
   96  authorized by a parent; and to be free from confinement in any
   97  room, building, or facility unless placed by court order in a
   98  residential treatment center.
   99         (7)A child has the right to be free from physical, sexual,
  100  emotional, or other abuse or cruel and unusual punishment. This
  101  includes the child’s right to be placed away from other children
  102  who are known to pose a threat of harm.
  103         (8)A child has the right to be able to contact the
  104  Commission on the Status of Children and Youth as described in
  105  s. 402.56 regarding violations of rights; to speak to the
  106  ombudsman confidentially; and to be free from threats or
  107  punishment for making complaints.
  108         (9)District school boards are authorized and encouraged to
  109  establish educational programs for students ages 5 through 18
  110  years which relate to identifying and reporting abuse,
  111  abandonment, or neglect and the effects of abuse, abandonment,
  112  or neglect on a child. The district school boards may provide
  113  such programs in conjunction with the youth mental health
  114  awareness and assistance training program required under s.
  115  1012.584, any other mental health education program offered by
  116  the school district, or any of the educational instruction
  117  required under s. 1003.42(2).
  118         Section 4. Section 391.313, Florida Statutes, is created to
  119  read:
  120         391.313Protection of children’s rights.—
  121         (1)The state or other governmental agencies that provide
  122  services for children, youth, and their families may not
  123  deliberately infringe upon the rights of any child as provided
  124  in this part.
  125         (2)The state or other governmental agencies that provide
  126  services for children, youth, and their families shall ensure
  127  that:
  128         (a)The rights of children are respected without regard to
  129  a child’s or his or her parent’s race, color, sex, national or
  130  ethnic origin, immigration status, language, religion, political
  131  opinion or affiliation, property, or disability.
  132         (b)In all actions concerning children which are undertaken
  133  by public social welfare institutions, courts of law, executive
  134  agencies, or the Legislature:
  135         1. The best interest of the child is a primary
  136  consideration.
  137         2.The child is provided protection and care as is
  138  necessary for his or her well-being, taking into account the
  139  rights and duties of his or her parents, and taking all
  140  appropriate legislative and administrative measures consistent
  141  with chapter 1014.
  142         (c)The right of every natural-born child who is a resident
  143  of this state to a safe environment is respected.
  144         (d)1.A child is not separated from his or her parents
  145  against the parents’ will, except in certain cases when a court
  146  of law or the Department of Children and Families determines, in
  147  accordance with applicable laws and administrative rules, that
  148  such separation is necessary for the best interests of the
  149  child.
  150         2.In any proceeding pursuant to subparagraph 1., all
  151  interested parties are given an opportunity to participate in
  152  the proceeding and make their views known, unless such
  153  participation is inconsistent with due process procedures.
  154         3.The state or other governmental agencies that provide
  155  services for children, youth, and their families respect the
  156  right of the child who is separated from one or both parents to
  157  maintain personal relations and direct contact with both parents
  158  on a regular basis, unless it is contrary to the child’s best
  159  interests or such contact is prohibited by any applicable law or
  160  administrative rule.
  161         4.If separation is a result of any action initiated by the
  162  state, such as the detention, imprisonment, exile, or death,
  163  including death arising from any cause while the person is in
  164  the custody of the state, except for the execution of a sentence
  165  of death, of one or both parents or of the child, the state,
  166  upon request, must provide the child or, when applicable,
  167  another member of the family with the essential information
  168  concerning the whereabouts of the absent parent, unless the
  169  information would be detrimental to the well-being of the child.
  170  The state shall further ensure that the submission of such a
  171  request does not result in any adverse consequences for any
  172  person concerned.
  173         (e)1.A mentally or physically disabled child enjoys a full
  174  and decent life in conditions that provide dignity, promote
  175  self-reliance, and facilitate the child’s active participation
  176  in the community.
  177         2.The right of each mentally or physically disabled child
  178  to special care is recognized and encouraged, and ensure
  179  assistance, subject to available resources, to each eligible
  180  child and his or her parents for which application is made and
  181  which is appropriate to the needs of the child and the
  182  circumstances of the parents.
  183         3.Any assistance extended by the state to a mentally or
  184  physically disabled child pursuant to subparagraph 1. is
  185  provided, whenever possible, taking into account the financial
  186  resources of the parent, and is designed to provide the child
  187  with effective access to education, training, health care
  188  services, rehabilitation services, preparation for employment,
  189  and recreational opportunities in a manner conducive to the
  190  child achieving the fullest possible social integration and
  191  individual development.
  192         (3)The state or other governmental agencies that provide
  193  services for children, youth, and their families shall respect:
  194         (a)The responsibilities, rights, and duties of parents to
  195  provide, in a manner consistent with the evolving needs of the
  196  child, appropriate direction and guidance in the exercise of the
  197  rights provided in this part.
  198         (b)The right of the child to preserve, without
  199  interference, his or her identity, including his or her
  200  nationality, name, and family relations, as recognized by law.
  201  If a child is deprived of some or all of the elements of his or
  202  her identity, the state must provide appropriate assistance and
  203  protection in timely reestablishing his or her identity.
  204         (4)The state shall take all appropriate legislative and
  205  administrative actions and shall use social and educational
  206  measures to protect a child from all forms of physical or mental
  207  violence, injury, abuse, neglect or negligent treatment, and
  208  exploitation, including sexual abuse, while in the care of a
  209  parent, the state, a legal guardian, or any other caregiver.
  210         Section 5. Section 402.56, Florida Statutes, is amended to
  211  read:
  212         402.56 Children’s commission cabinet; organization;
  213  responsibilities; annual report.—
  214         (1) SHORT TITLE.—This act may be cited as the “Commission
  215  on the Status of Children and Youth Act.” “Children and Youth
  216  Cabinet Act.”
  217         (2) LEGISLATIVE FINDINGS AND INTENT.—
  218         (a) The Legislature finds that all state agencies and
  219  programs that touch the lives of children and youth must work in
  220  a coordinated and comprehensive fashion, with an emphasis on
  221  providing a continuum of services that benefit children from
  222  prenatal care through programs supporting successful transition
  223  to self-sufficient adulthood. The Legislature further finds that
  224  creating a Commission on the Status of Children and Youth
  225  Cabinet is the best method by which the state might achieve the
  226  visions and plans necessary to ensure that this state is the
  227  safest place in the world to be a child. first place families
  228  think of when asked, “Where do you want to raise a child?”
  229         (b) The Legislature, in collaboration with the Governor,
  230  intends to develop and implement a shared vision among the
  231  branches of government in order to improve child and family
  232  outcomes in this state. By working collaboratively, the
  233  Legislature intends to invest in the education and skills of our
  234  children and youth, develop a cohesive vision and plan that
  235  ensures a long-term commitment to children and youth issues,
  236  align public resources serving children and youth to support
  237  their healthy growth and development, and promote increased
  238  efficiency and improved service delivery by all governmental
  239  agencies that provide services for children, youth, and their
  240  families.
  241         (3) ORGANIZATION.—There is created the Commission on the
  242  Status of Children and Youth Cabinet, which is a coordinating
  243  council as defined in s. 20.03.
  244         (a) The commission cabinet shall ensure that the public
  245  policy of this state relating to children and youth is developed
  246  to promote interdepartmental collaboration and program
  247  implementation in order that services designed for children and
  248  youth are planned, managed, and delivered in a holistic and
  249  integrated manner to improve the children’s self-sufficiency,
  250  safety, economic stability, health, and quality of life of
  251  children and youth.
  252         (b) The cabinet is created in the Executive Office of the
  253  Governor, which shall provide administrative support and service
  254  to the cabinet.
  255         (c) The commission cabinet shall meet at least four times
  256  each year, upon the call of the chairperson or two other
  257  officers but no more than six times each year, in different
  258  regions of this the state in order to solicit input from the
  259  public and any other individual offering testimony relevant to
  260  the issues considered. Each meeting must include a public
  261  comment session and must be noticed pursuant to s. 120.525.
  262         (4) MEMBERS.—
  263         (a) The commission shall be composed of 21 members. The
  264  President of the Senate, the Speaker of the House of
  265  Representatives, the Secretary of the Department of Children and
  266  Families, and the Commissioner of Education shall each appoint
  267  three members; the Secretary of Juvenile Justice and the
  268  Secretary of Health Care Administration shall each appoint two
  269  members; and the Governor shall appoint five members.
  270  Appointments are for a term of 4 years. The members appointed by
  271  the Governor must include representatives of children and youth
  272  advocacy organizations who are not service providers. A member
  273  may not serve more than two consecutive terms on the commission,
  274  and vacancies must be filled for the remainder of an unexpired
  275  term in the same manner as the original appointment.
  276         (b)With respect to appointments made by the President of
  277  the Senate and the Speaker of the House Representatives, at
  278  least one of their respective appointees must be selected in
  279  consultation with the minority leader of their respective
  280  chambers.
  281         (c)Biennially, at the first meeting of the first quarter,
  282  a chairperson and a vice chairperson must be elected by the
  283  members, each of whom shall serve until a successor is elected.
  284  An officer may not serve more than two consecutive terms in the
  285  same office.
  286         (d)The commission may establish committees to conduct
  287  commission business between meetings of the commission The
  288  cabinet shall consist of 16 members including the Governor and
  289  the following persons:
  290         (a)1.The Secretary of Children and Families;
  291         2.The Secretary of Juvenile Justice;
  292         3.The director of the Agency for Persons with
  293  Disabilities;
  294         4.A representative from the Division of Early Learning;
  295         5.The State Surgeon General;
  296         6.The Secretary of Health Care Administration;
  297         7.The Commissioner of Education;
  298         8.The director of the Statewide Guardian Ad Litem Office;
  299         9.A representative of the Office of Adoption and Child
  300  Protection;
  301         10.A superintendent of schools, appointed by the Governor;
  302  and
  303         11.Five members who represent children and youth advocacy
  304  organizations and who are not service providers, appointed by
  305  the Governor.
  306         (b)The President of the Senate, the Speaker of the House
  307  of Representatives, the Chief Justice of the Supreme Court, the
  308  Attorney General, and the Chief Financial Officer, or their
  309  appointed designees, shall serve as ex officio members of the
  310  cabinet.
  311         (c)The Governor or the Governor’s designee shall serve as
  312  the chair of the cabinet.
  313         (d)Nongovernmental members of the cabinet shall serve
  314  without compensation, but are entitled to receive per diem and
  315  travel expenses in accordance with s. 112.061 while in
  316  performance of their duties.
  317         (5) DUTIES AND RESPONSIBILITIES.—The commission Children
  318  and Youth Cabinet shall:
  319         (a) Develop and implement a shared and cohesive vision
  320  using integrated services to improve child, youth, and family
  321  outcomes in this state.
  322         (b) Develop a strategic plan to achieve the goals of the
  323  shared and cohesive vision. The plan must shall be centered upon
  324  a long-term commitment to children and youth issues and align
  325  all public resources to serve children and youth and their
  326  families in a manner that supports the healthy growth and
  327  development of children. The plan must shall prepare the
  328  children and youth to be responsible citizens and productive
  329  members of the workforce. The plan must shall include a
  330  continuum of services that will benefit children from prenatal
  331  care through services for youth in transition to adulthood.
  332         (c) Develop and implement measurable outcomes for each
  333  state department, agency, and program which that are consistent
  334  with the strategic plan. The commission cabinet shall establish
  335  a baseline measurement for each outcome and regularly report on
  336  the progress made toward achieving the desired outcome.
  337         (d) Design and implement actions that will promote
  338  collaboration, creativity, increased efficiency, information
  339  sharing, and improved service delivery between and within state
  340  governmental organizations that provide services for children
  341  and youth and their families. In particular, the efforts must
  342  shall include the long-range planning process mandated by s.
  343  216.013.
  344         (e) Foster public awareness of children and youth issues
  345  and develop new partners in the effort to serve children and
  346  youth.
  347         (f) Create a children and youth impact statement for
  348  evaluating proposed legislation, requested appropriations, and
  349  programs. The impact statement must shall be shared with the
  350  Legislature in its their deliberative process.
  351         (g) Identify existing and potential funding streams and
  352  resources for children’s services, including, but not limited
  353  to, public funding, foundation and organization grants, and
  354  other forms of private funding opportunities, including public
  355  private partnerships.
  356         (h) Develop a children-and-youth-based budget structure and
  357  nomenclature that includes all relevant departments, funding
  358  streams, and programs. The budget must shall facilitate improved
  359  coordination and efficiency, explore options for and allow
  360  maximization of federal financial participation, and implement
  361  the state’s vision and strategic plan.
  362         (i) Study and evaluate the following:
  363         1.Access and barriers to, and the availability,
  364  duplication, and funding of, services for vulnerable youth.
  365         2.The level of communication and cooperation between
  366  agencies that serve vulnerable children and youth.
  367         3.Implementation of programs or laws concerning vulnerable
  368  children and youth. In performing this function, the commission
  369  shall serve as a general consultant to the Legislature on
  370  children’s and youth’s affairs.
  371         4.The consolidation of existing entities that serve
  372  vulnerable children and youth. The commission shall make
  373  recommendations to the Legislature for any suggested
  374  consolidations.
  375         5.Data from state agencies relevant to evaluating
  376  progress, targeting efforts, and demonstrating outcomes related
  377  to serving vulnerable children and youth.
  378         6.Crimes of sexual violence against children and youth.
  379         7.The impact of social networking websites, cellular
  380  telephones, other wireless communications devices, digital
  381  media, and new technology on crimes against children and youth.
  382         (j)Review and make recommendations to the Legislature
  383  regarding pending legislation that may affect children and
  384  youth.
  385         (k)Promote information sharing on topics affecting
  386  vulnerable children and youth in this state, including best
  387  practices, policies, and programs Engage in other activities
  388  that will implement improved collaboration of agencies in order
  389  to create, manage, and promote coordinated policies, programs,
  390  and service delivery systems that support children and youth.
  391         (6) VOTING.—The affirmative vote of the majority of the
  392  members appointed to the commission is required for the
  393  commission to take action on any measure, including the adoption
  394  of final reports and the appointment of an executive director.
  395         (7) ADVISORY BOARD.—The Governor may appoint an advisory
  396  board consisting of no more than six persons to assist the
  397  commission cabinet in its tasks. The board shall include persons
  398  who can provide to the commission cabinet the best available
  399  technical and professional research and assistance. If an
  400  advisory board is appointed created, it must shall include
  401  representatives of children and youth advocacy organizations and
  402  youth, whenever wherever practicable, who have been recipients
  403  of services and programs operated or funded by state agencies.
  404         (8)(7) ANNUAL REPORT.—By February 1 of each year, the
  405  commission Children and Youth Cabinet shall, by February 1 of
  406  each year, provide an annual report to the Governor, the
  407  President of the Senate, the Speaker of the House of
  408  Representatives, and the public concerning its activities and
  409  progress toward towards making this state the first place
  410  families think of when asked, “Is Florida the safest place in
  411  the world to be a child?” “Where do they want to raise their
  412  children?” The annual report may include recommendations for
  413  needed legislation or rulemaking authority.
  414         (9)APPOINTMENT OF EXECUTIVE DIRECTOR; SUPPORT STAFF.—The
  415  commission may appoint an individual to serve as executive
  416  director of the commission by vote as provided in subsection
  417  (6). The executive director shall perform the duties assigned by
  418  the commission. The Department of Management Services shall
  419  provide support staff for the commission and the executive
  420  director of the commission.
  421         (10)INFORMATION GATHERING.—The commission may request and
  422  review outcome data from any governmental agency that provides
  423  services to children, youth, and their families and may request
  424  other information or presentations from agency representatives
  425  and other experts on topics related to vulnerable children and
  426  youth.
  427         (11)RULEMAKING AUTHORITY.—The commission may adopt rules
  428  necessary to implement this section.
  429         Section 6. Subsection (1) of section 402.57, Florida
  430  Statutes, is amended to read:
  431         402.57 Direct-support organization.—
  432         (1) The Department of Children and Families shall establish
  433  a direct-support organization to assist the Commission on the
  434  Status of Children and Youth Cabinet established in s. 402.56 in
  435  carrying out its purposes and responsibilities, primarily
  436  regarding fostering public awareness of children and youth
  437  issues and developing new partners in the effort to serve
  438  children and youth by raising money; submitting requests for and
  439  receiving grants from the Federal Government, the state or its
  440  political subdivisions, private foundations, and individuals;
  441  and making expenditures to or for the benefit of the commission
  442  cabinet. The sole purpose for the direct-support organization is
  443  to support the commission cabinet. The direct-support
  444  organization must be:
  445         (a) Incorporated under chapter 617 and approved by the
  446  Department of State as a Florida corporation not for profit.
  447         (b) Organized and operated to make expenditures to or for
  448  the benefit of the commission cabinet.
  449         (c) Approved by the department to be operating for the
  450  benefit of and in a manner consistent with the goals of the
  451  commission cabinet and in the best interest of the state.
  452         Section 7. This act shall take effect July 1, 2023.