Florida Senate - 2021                              CS for SB 582
       By the Committee on Judiciary; and Senators Rodrigues and Baxley
       590-02340-21                                           2021582c1
    1                        A bill to be entitled                      
    2         An act relating to parental rights; creating ch. 1014,
    3         F.S.; creating s. 1014.01, F.S.; providing a short
    4         title; creating s. 1014.02, F.S.; providing
    5         legislative findings; defining the term “parent”;
    6         creating s. 1014.03, F.S.; prohibiting the state, its
    7         political subdivisions, other governmental entities,
    8         or other institutions from infringing on parental
    9         rights unless specified conditions are met; creating
   10         s. 1014.04, F.S.; prohibiting the state, its political
   11         subdivisions, other governmental entities, or other
   12         institutions from obstructing or interfering with
   13         specified parental rights; providing construction;
   14         authorizing discipline of state employees who
   15         encourage or coerce, or attempt to encourage or
   16         coerce, a minor child to withhold information from his
   17         or her parent; providing construction; creating s.
   18         1014.05, F.S.; requiring each district school board to
   19         develop and adopt a policy to promote parental
   20         involvement in the public school system; specifying
   21         requirements for such policy; defining the term
   22         “instructional materials”; authorizing a district
   23         school board to provide such policy electronically or
   24         on its website; authorizing a parent to request
   25         certain information in writing from a district school
   26         superintendent; requiring the district school
   27         superintendent to provide requested information in a
   28         specified timeframe; authorizing a parent to appeal a
   29         district school superintendent’s denial of, or failure
   30         to provide, requested information; requiring a
   31         district school board to place such appeal on the
   32         agenda for its next public meeting, or the subsequent
   33         meeting if it is too late to place such appeal on the
   34         next agenda; creating s. 1014.06, F.S.; prohibiting
   35         health care practitioners and their employees from
   36         providing health care services or prescribing
   37         medicinal drugs to a minor child without a parent’s
   38         written consent; prohibiting a provider from allowing
   39         a medical procedure to be performed on a minor child
   40         in its facility without a parent’s written consent;
   41         providing exceptions; providing applicability;
   42         providing for disciplinary action and criminal
   43         penalties; amending s. 408.813, F.S.; authorizing the
   44         Agency for Health Care Administration to impose an
   45         administrative fine on providers that violate certain
   46         parental consent requirements; amending s. 456.072,
   47         F.S.; authorizing the Department of Health to take
   48         disciplinary action against health care practitioners
   49         who fail to comply with certain parental consent
   50         requirements; providing an effective date.
   52  Be It Enacted by the Legislature of the State of Florida:
   54         Section 1. Chapter 1014, Florida Statutes, consisting of
   55  ss. 1014.01-1014.06, is created and shall be entitled “Parents’
   56  Bill of Rights.”
   57         Section 2. Section 1014.01, Florida Statutes, is created to
   58  read:
   59         1014.01Short title.—This section and ss. 1014.02-1014.06
   60  may be cited as the “Parents’ Bill of Rights.”
   61         Section 3. Section 1014.02, Florida Statutes, is created to
   62  read:
   63         1014.02Legislative findings and definition.—
   64         (1)The Legislature finds that it is a fundamental right of
   65  parents to direct the upbringing, education, and care of their
   66  minor children. The Legislature further finds that important
   67  information relating to a minor child should not be withheld,
   68  either inadvertently or purposefully, from his or her parent,
   69  including information relating to the minor child’s health,
   70  well-being, and education, while the minor child is in the
   71  custody of the school district. The Legislature further finds
   72  that it is necessary to establish a consistent mechanism for
   73  parents to be notified of information relating to the health and
   74  well-being of their minor children.
   75         (2)For purposes of this chapter, the term “parent” means a
   76  person who has legal custody of a minor child as a natural or
   77  adoptive parent or a legal guardian.
   78         Section 4. Section 1014.03, Florida Statutes, is created to
   79  read:
   80         1014.03Infringement of parental rights.—The state, any of
   81  its political subdivisions, any other governmental entity, or
   82  any other institution may not infringe on the fundamental right
   83  of a parent to oversee the upbringing, education, health care,
   84  and mental health of his or her minor child without
   85  demonstrating that such action is reasonable and necessary to
   86  achieve a compelling state interest and that such action is
   87  narrowly tailored and is not otherwise served by a less
   88  restrictive means.
   89         Section 5. Section 1014.04, Florida Statutes, is created to
   90  read:
   91         1014.04Parental rights.—
   92         (1)All parental rights are reserved to the parent of a
   93  minor child in this state without obstruction or interference
   94  from the state, any of its political subdivisions, any other
   95  governmental entity, or any other institution, including, but
   96  not limited to, all of the following rights of a parent of a
   97  minor child in this state:
   98         (a)The right to direct the education and care of his or
   99  her minor child.
  100         (b)The right to direct the upbringing and the moral or
  101  religious training of his or her minor child.
  102         (c)The right, pursuant to s. 1002.20(2)(b) and (6), to
  103  apply to enroll his or her minor child in a public school or, as
  104  an alternative to public education, a private school, including
  105  a religious school, a home education program, or other available
  106  options, as authorized by law.
  107         (d)The right, pursuant to s. 1002.20(13), to access and
  108  review all school records relating to his or her minor child.
  109         (e)The right to make health care decisions for his or her
  110  minor child, unless otherwise prohibited by law.
  111         (f)The right to access and review all medical records of
  112  his or her minor child, unless prohibited by law or if the
  113  parent is the subject of an investigation of a crime committed
  114  against the minor child and a law enforcement agency or official
  115  requests that the information not be released.
  116         (g)The right to consent in writing before a biometric scan
  117  of his or her minor child is made, shared, or stored.
  118         (h)The right to consent in writing before any record of
  119  his or her minor child’s blood or deoxyribonucleic acid (DNA) is
  120  created, stored, or shared, except as required by general law or
  121  authorized pursuant to a court order.
  122         (i)The right to consent in writing before the state or any
  123  of its political subdivisions makes a video or voice recording
  124  of his or her minor child, unless such recording is made during
  125  or as part of a court proceeding or is made as part of a
  126  forensic interview in a criminal or Department of Children and
  127  Families investigation or is to be used solely for the following
  128  purposes:
  129         1.A safety demonstration, including the maintenance of
  130  order and discipline in the common areas of a school or on
  131  student transportation vehicles;
  132         2.A purpose related to a legitimate academic or
  133  extracurricular activity;
  134         3.A purpose related to regular classroom instruction;
  135         4.Security or surveillance of buildings or grounds; or
  136         5.A photo identification card.
  137         (j)The right to be notified promptly if an employee of the
  138  state, any of its political subdivisions, any other governmental
  139  entity, or any other institution suspects that a criminal
  140  offense has been committed against his or her minor child,
  141  unless the incident has first been reported to law enforcement
  142  or the Department of Children and Families and notifying the
  143  parent would impede the investigation.
  144         (k) The right to consent in writing before his or her minor
  145  child's grades are released to a law enforcement officer or law
  146  enforcement agency by an agency or institution as defined in s.
  147  1002.22 unless such release is authorized by s. 1002.221 and the
  148  Family Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  149         (2)This section does not:
  150         (a)Authorize a parent of a minor child in this state to
  151  engage in conduct that is unlawful or to abuse or neglect his or
  152  her minor child in violation of general law;
  153         (b)Condone, authorize, approve, or apply to a parental
  154  action or decision that would end life;
  155         (c)Prohibit a court of competent jurisdiction, law
  156  enforcement officer, or employee of a government agency that is
  157  responsible for child welfare from acting in his or her official
  158  capacity within the reasonable and prudent scope of his or her
  159  authority; or
  160         (d)Prohibit a court of competent jurisdiction from issuing
  161  an order that is otherwise permitted by law.
  162         (3)An employee of the state, any of its political
  163  subdivisions, or any other governmental entity who encourages or
  164  coerces, or attempts to encourage or coerce, a minor child to
  165  withhold information from his or her parent may be subject to
  166  disciplinary action.
  167         (4)A parent of a minor child in this state has inalienable
  168  rights that are more comprehensive than those listed in this
  169  section, unless such rights have been legally waived or
  170  terminated. This chapter does not prescribe all rights to a
  171  parent of a minor child in this state. Unless required by law,
  172  the rights of a parent of a minor child in this state may not be
  173  limited or denied. This chapter may not be construed to apply to
  174  a parental action or decision that would end life.
  175         Section 6. Section 1014.05, Florida Statutes, is created to
  176  read:
  177         1014.05School district notifications on parental rights.—
  178         (1)Each district school board shall, in consultation with
  179  parents, teachers, and administrators, develop and adopt a
  180  policy to promote parental involvement in the public school
  181  system. Such policy must include:
  182         (a)A plan, pursuant to s. 1002.23, for parental
  183  participation in schools to improve parent and teacher
  184  cooperation in such areas as homework, school attendance, and
  185  discipline.
  186         (b)A program, pursuant to s. 1002.20(19)(b), for a parent
  187  to learn about his or her minor child’s course of study,
  188  including the source of any supplemental education materials.
  189         (c)Procedures, pursuant to s. 1006.28(2)(a)2., for a
  190  parent to object to instructional materials and other materials
  191  used in the classroom. Such objections may be based on beliefs
  192  regarding morality, sex, or religion or on the belief that such
  193  materials are harmful. For purposes of this section, the term
  194  “instructional materials” has the same meaning as in s.
  195  1006.29(2) and may include other materials used in the
  196  classroom, including workbooks and worksheets, handouts,
  197  software, applications, and any digital media made available to
  198  students.
  199         (d)Procedures, pursuant to s. 1002.20(3)(d), for a parent
  200  to withdraw his or her minor child from any portion of the
  201  school district’s comprehensive health education required under
  202  s. 1003.42(2)(n) which relates to sex education or instruction
  203  in acquired immune deficiency syndrome education or any
  204  instruction regarding sexuality if the parent provides a written
  205  objection to his or her minor child’s participation. Such
  206  procedures must provide for a parent to be notified in advance
  207  of such course content so that he or she may withdraw his or her
  208  minor child from those portions of the course.
  209         (e)Procedures, pursuant to s. 1006.195(1)(a), for a parent
  210  to learn about the nature and purpose of clubs and activities
  211  offered at his or her minor child’s school, including those that
  212  are extracurricular or part of the school curriculum.
  213         (f)Procedures for a parent to learn about parental rights
  214  and responsibilities under general law, including all of the
  215  following:
  216         1.Pursuant to s. 1002.20(3)(d), the right to opt his or
  217  her minor child out of any portion of the school district’s
  218  comprehensive health education required under s. 1003.42(2)(n)
  219  which relates to sex education instruction in acquired immune
  220  deficiency syndrome education or any instruction regarding
  221  sexuality.
  222         2.A plan to disseminate information about school choice
  223  options, pursuant to s. 1002.20(6), including open enrollment.
  224         3.In accordance with s. 1002.20(3)(b), the right of a
  225  parent to exempt his or her minor child from immunizations.
  226         4.In accordance with s. 1008.22, the right of a parent to
  227  review statewide, standardized assessment results.
  228         5.In accordance with s. 1003.57, the right of a parent to
  229  enroll his or her minor child in gifted or special education
  230  programs.
  231         6.In accordance with s. 1006.28(2)(a)1., the right of a
  232  parent to inspect school district instructional materials.
  233         7.In accordance with s. 1008.25, the right of a parent to
  234  access information relating to the school district’s policies
  235  for promotion or retention, including high school graduation
  236  requirements.
  237         8.In accordance with s. 1002.20(14), the right of a parent
  238  to receive a school report card and be informed of his or her
  239  minor child’s attendance requirements.
  240         9.In accordance with s. 1002.23, the right of a parent to
  241  access information relating to the state public education
  242  system, state standards, report card requirements, attendance
  243  requirements, and instructional materials requirements.
  244         10.In accordance with s. 1002.23(4), the right of a parent
  245  to participate in parent-teacher associations and organizations
  246  that are sanctioned by a district school board or the Department
  247  of Education.
  248         11.In accordance with s. 1002.222(1)(a), the right of a
  249  parent to opt out of any district-level data collection relating
  250  to his or her minor child not required by law.
  251         (2)A district school board may provide the information
  252  required in this section electronically or post such information
  253  on its website.
  254         (3)A parent may request, in writing, from the district
  255  school superintendent the information required under this
  256  section. The district school superintendent must provide such
  257  information to the parent within 10 days. If the district school
  258  superintendent denies a parent’s request for information or does
  259  not respond to the parent’s request within 10 days, the parent
  260  may appeal the denial to the district school board. The district
  261  school board must place a parent’s appeal on the agenda for its
  262  next public meeting. If it is too late for a parent’s appeal to
  263  appear on the next agenda, the appeal must be included on the
  264  agenda for the subsequent meeting.
  265         Section 7. Section 1014.06, Florida Statutes, is created to
  266  read:
  267         1014.06Parental consent for health care services.—
  268         (1)Except as otherwise provided by law, a health care
  269  practitioner as defined in s. 456.001 or an individual employed
  270  by such health care practitioner may not provide or solicit or
  271  arrange to provide health care services or prescribe medicinal
  272  drugs to a minor child without first obtaining written parental
  273  consent.
  274         (2)Except as otherwise provided by law or a court order, a
  275  provider as defined in s. 408.803 may not allow a medical
  276  procedure to be performed on a minor child in its facility
  277  without first obtaining written parental consent.
  278         (3)This section does not apply to an abortion, which is
  279  governed by chapter 390.
  280         (4)This section does not apply to services provided by a
  281  clinical laboratory, unless the services are delivered through a
  282  direct encounter with the minor at the clinical laboratory
  283  facility. For purposes of this subsection, the term “clinical
  284  laboratory” has the same meaning as provided in s. 483.803.
  285         (5)A health care practitioner or other person who violates
  286  this section is subject to disciplinary action pursuant to s.
  287  408.813 or s. 456.072, as applicable, and commits a misdemeanor
  288  of the first degree, punishable as provided in s. 775.082 or s.
  289  775.083.
  290         Section 8. Paragraph (f) is added to subsection (3) of
  291  section 408.813, Florida Statutes, to read:
  292         408.813 Administrative fines; violations.—As a penalty for
  293  any violation of this part, authorizing statutes, or applicable
  294  rules, the agency may impose an administrative fine.
  295         (3) The agency may impose an administrative fine for a
  296  violation that is not designated as a class I, class II, class
  297  III, or class IV violation. Unless otherwise specified by law,
  298  the amount of the fine may not exceed $500 for each violation.
  299  Unclassified violations include:
  300         (f)Violating the parental consent requirements of s.
  301  1014.06.
  302         Section 9. Paragraph (rr) is added to subsection (1) of
  303  section 456.072, Florida Statutes, to read:
  304         456.072 Grounds for discipline; penalties; enforcement.—
  305         (1) The following acts shall constitute grounds for which
  306  the disciplinary actions specified in subsection (2) may be
  307  taken:
  308         (rr)Failure to comply with the parental consent
  309  requirements of s. 1014.06.
  310         Section 10. This act shall take effect July 1, 2021.