Florida Senate - 2026                                     SB 130
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00105-26                                            2026130__
    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 status as a qualified patient for
    6         purposes of medical marijuana use; prohibiting the
    7         presumption of neglect or child endangerment based
    8         solely on a parent’s status as a qualified patient for
    9         purposes of medical marijuana use; providing
   10         construction; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (2), (3), and (4) of section
   15  39.806, Florida Statutes, are redesignated as subsections (3),
   16  (4), and (5), respectively, and a new subsection (2) is added to
   17  that section, to read:
   18         39.806 Grounds for termination of parental rights.—
   19         (2) A court may not deny or otherwise restrict a parent’s
   20  custody of a minor child or the parent’s visitation rights or
   21  parenting time with a minor child based solely on the parent’s
   22  status as a qualified patient pursuant to s. 381.986. There is
   23  no presumption of neglect or child endangerment based solely on
   24  the parent’s status as a qualified patient pursuant to s.
   25  381.986. In determining the best interests of the child with
   26  respect to custody or dependency, this section applies.
   27         Section 2. This act shall take effect July 1, 2026.