Florida Senate - 2024                                    SB 1496
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00779-24                                           20241496__
    1                        A bill to be entitled                      
    2         An act relating to protection of parental rights;
    3         amending s. 39.806, F.S.; prohibiting a court from
    4         denying or restricting certain parental rights based
    5         solely on a parent’s medical marijuana use;
    6         prohibiting the presumption of neglect or child
    7         endangerment based solely on a parent’s medical
    8         marijuana use; providing construction; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsections (2), (3), and (4) of section
   14  39.806, Florida Statutes, are redesignated as subsections (3),
   15  (4), and (5), respectively, and a new subsection (2) is added to
   16  that section, to read:
   17         39.806 Grounds for termination of parental rights.—
   18         (2) A court may not deny or otherwise restrict a parent’s
   19  custody of a minor child or the parent’s visitation rights or
   20  parenting time with a minor child based solely on the parent’s
   21  status as a certified medical marijuana user pursuant to s.
   22  381.986. There is no presumption of neglect or child
   23  endangerment based solely on the person’s status as a certified
   24  medical marijuana user pursuant to s. 381.986. In determining
   25  the best interest of the child with respect to custody or
   26  dependency, the provisions of this section shall apply.
   27         Section 2. This act shall take effect July 1, 2024.