Florida Senate - 2021 CS for CS for SB 582 By the Committees on Education; and Judiciary; and Senators Rodrigues and Baxley 581-03257-21 2021582c2 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. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 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 1014.01 Short 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 1014.02 Legislative 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 1014.03 Infringement 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 1014.04 Parental 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 1014.05 School 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 1014.06 Parental 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) This section does not apply to care that is necessary 286 to treat an acute medical condition or to care provided pursuant 287 to s. 768.135. 288 (6) A health care practitioner or other person who violates 289 this section is subject to disciplinary action pursuant to s. 290 408.813 or s. 456.072, as applicable, and commits a misdemeanor 291 of the first degree, punishable as provided in s. 775.082 or s. 292 775.083. 293 Section 8. Paragraph (f) is added to subsection (3) of 294 section 408.813, Florida Statutes, to read: 295 408.813 Administrative fines; violations.—As a penalty for 296 any violation of this part, authorizing statutes, or applicable 297 rules, the agency may impose an administrative fine. 298 (3) The agency may impose an administrative fine for a 299 violation that is not designated as a class I, class II, class 300 III, or class IV violation. Unless otherwise specified by law, 301 the amount of the fine may not exceed $500 for each violation. 302 Unclassified violations include: 303 (f) Violating the parental consent requirements of s. 304 1014.06. 305 Section 9. Paragraph (rr) is added to subsection (1) of 306 section 456.072, Florida Statutes, to read: 307 456.072 Grounds for discipline; penalties; enforcement.— 308 (1) The following acts shall constitute grounds for which 309 the disciplinary actions specified in subsection (2) may be 310 taken: 311 (rr) Failure to comply with the parental consent 312 requirements of s. 1014.06. 313 Section 10. This act shall take effect July 1, 2021.