Senate Bill 1634 (2020) — Parental rights
SB 1634
Florida Bills
Florida Senate - 2020 SB 1634 By Senator Stargel 22-01618A-20 20201634__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to parental rights; creating
chapter 2 1014, F.S.; creating s. 1014.01, F.S.; providing a 3
short title; creating s. 1014.02, F.S.; providing 4 legislative findings; defining the term “parent”; 5 creating s. 1014.03, F.S.; providing that the state, 6 its political subdivisions, other governmental 7 entities, or other institutions may not infringe on 8 parental rights without demonstrating specified 9 information; creating s. 1014.04, F.S.; providing that 10 a parent of a minor child has specified rights 11 relating to his or her minor child; prohibiting the 12 state from infringing upon specified parental rights; 13 prohibiting specified parental rights from being 14 limited or denied; providing that certain actions by 15 specified individuals are grounds for disciplinary 16 actions against those individuals; providing 17 construction; creating s. 1014.05, F.S.; requiring 18 each district school board in consultation with 19 parents, teachers, and administrators, to develop and 20 adopt a policy to promote parental involvement in the 21 public school system; providing requirements for such 22 policy; defining the term “instructional materials”; 23 authorizing a district school board to provide such 24 policy electronically or on its website; authorizing a 25 parent to request certain information in writing; 26 providing a procedure for appealing the denial of such 27 information requests; creating s. 1014.06, F.S.; 28 prohibiting certain health care practitioners from 29
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. taking specified actions without a parent’s written 30 permission; prohibiting certain entities from taking 31 specified actions relating to a minor’s health care 32 without a parent’s written permission; prohibiting a 33 health care facility from allowing certain actions 34 without a parent’s written permission; providing 35 exceptions; providing for disciplinary actions and 36 criminal penalties; amending s. 408.813, F.S.; 37 providing that certain violations relating to parental 38 consent are grounds for administrative fines for 39 health care facilities; amending s. 456.072, F.S.; 40 providing that failure to comply with certain parental 41 consent requirements is grounds for disciplinary 42 action for health care practitioners; providing an 43 effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47
Section 1.
Chapter 1014, Florida Statutes, consisting of 48 ss. 1014.01-1014.06, is created and shall be entitled “Parents’ 49 Bill of Rights.” 50
Section
Section 1014.01, Florida Statutes, is created to 51 read: 52 1014.01
Short title.—This
section and ss. 1014.02-1014.06 53 may be cited as the “Parents’ Bill of Rights.” 54
Section
Section 1014.02, Florida Statutes, is created to 55 read: 56 1014.02 Legislative findings and definition.— 57
(1) The Legislature finds that it is a fundamental right of 58
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. parents to direct the upbringing, education, and care of their 59 minor children. The Legislature further finds that important 60 information relating to a minor child should not be withheld, 61 either inadvertently or purposefully, from his or her parent, 62 including information relating to the minor child’s health, 63 well-being, and education, while the minor child is in the 64 custody of the school district.
The Legislature further finds it 65 is necessary to establish a consistent mechanism for parents to 66 be notified of information relating to the health and well-being 67 of their minor children. 68
(2) For purposes of this chapter, the term “parent” means a 69 person who has legal custody of a minor child as a natural or 70 adoptive parent or a legal guardian. 71
Section
Section 1014.03, Florida Statutes, is created to 72 read: 73 1014.03 Infringement of parental rights.—The state, any of 74 its political subdivisions, any other governmental entity, or 75 any other institution may not infringe on the fundamental rights 76 of a parent to direct the upbringing, education, health care, 77 and mental health of his or her minor child without 78 demonstrating that such action is reasonable and necessary to 79 achieve a compelling state interest and that such action is 80 narrowly tailored and is not otherwise served by a less 81 restrictive means. 82
Section
Section 1014.04, Florida Statutes, is created to 83 read: 84 1014.04 Parental rights.— 85
(1) All parental rights are reserved to the parent of a 86 minor child in this state without obstruction or interference 87
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. from the state, any of its political subdivisions, any other 88 governmental entity, or any other institution, including, but 89 not limited to, all of the following rights of a parent of a 90 minor child in this state: 91 (
a) The right to direct the education and care of his or 92 her minor child. 93 (
b) The right to direct the upbringing and the moral or 94 religious training of his or her minor child. 95 (
c) The right, pursuant to s. 1002.20(2)(
b) and (6), to 96 enroll his or her minor child in a public school or, as an 97 alternative to public education, a private school, religious 98 school, a home education program, or other available options. 99 (
d) The right, pursuant to s. 1002.20(13), to access and 100 review all school records relating to his or her minor child. 101 (
e) The right to make health care decisions for his or her 102 minor child, unless otherwise prohibited by law. 103 (
f) The right to access and review all medical records of 104 his or her minor child, unless prohibited by law or if the 105 parent is the subject of an investigation of a crime committed 106 against the minor child and a law enforcement agency or official 107 requests that the information not be released. 108 (
g) The right to consent in writing before a biometric scan 109 of his or her minor child is made, shared, or stored. 110 (
h) The right to consent in writing before any record of 111 his or her minor child’s blood or deoxyribonucleic acid (DNA) is 112 created, stored, or shared, except as required by general law or 113 authorized pursuant to a court order. 114 (
i) The right to consent in writing before the state or any 115 of its political subdivisions makes a video or voice recording 116
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. of his or her minor child unless such recording is made during 117 or as part of a court proceeding or is made as part of a 118 forensic interview in a criminal or Department of Children and 119 Families investigation or is to be used solely for the following 120 purposes: 121 1. A safety demonstration, including the maintenance of 122 order and discipline in the common areas of a school or on 123 student transportation vehicles; 124 2.
A purpose related to a legitimate academic or 125 extracurricular activity; 126 3. A purpose related to regular classroom instructions; 127 4. Security or surveillance of buildings or grounds; or 128 5. A photo identification card. 129 (
j) The right to be notified promptly if an employee of the 130 state, any of its political subdivisions, any other governmental 131 entity, or any other institution suspects that a criminal 132 offense has been committed against his or her minor child, 133 unless the incident has first been reported to law enforcement 134 or the Department of Children and Families and notifying the 135 parent would impede the investigation. 136
(2) This
section does not: 137 (
a) Authorize a parent of a minor child in this state to 138 engage in conduct that is unlawful or to abuse or neglect his or 139 her minor child in violation of general law; 140 (
b) Condone, authorize, approve, or apply to a parental 141 action or decision that would end life; 142 (
c) Prohibit a court of competent jurisdiction, law 143 enforcement officer, or employee of a government agency that is 144 responsible for child welfare from acting in his or her official 145
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. capacity within the reasonable and prudent scope of his or her 146 authority; or 147 (
d) Prohibit a court of competent jurisdiction from issuing 148 an order that is otherwise permitted by law. 149
(3) An employee of the state, any of its political 150 subdivisions, or any other governmental entity who encourages or 151 coerces, or attempts to encourage or coerce, a minor child to 152 withhold information from his or her parent may be subject to 153 disciplinary action. 154
(4) A parent of a minor child in this state has inalienable 155 rights that are more comprehensive than those listed in this 156 section, unless such rights have been legally waived or 157 terminated. This
chapter does not prescribe all rights to a 158 parent of a minor child in this state. Unless required by law, 159 the rights of a parent of a minor child in this state may not be 160 limited or denied. This
chapter may not be construed to apply to 161 a parental action or decision that would end life. 162
Section
Section 1014.05, Florida Statutes, is created to 163 read: 164 1014.05 School district notifications on parental rights.— 165
(1) Each district school board shall, in consultation with 166 parents, teachers, and administrators, develop and adopt a 167 policy to promote parental involvement in the public school 168 system. Such policy must include: 169 (
a) A plan, pursuant to s. 1002.23, for parental 170 participation in schools to improve parent and teacher 171 cooperation in such areas as homework, school attendance, and 172 discipline. 173 (
b) A procedure, pursuant to s. 1002.20(19)(b), for a 174
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. parent to learn about his or her minor child’s course of study, 175 including the source of any supplemental education materials. 176 (
c) Procedures for a parent to object to instructional 177 materials, including all classroom materials and school 178 activities, pursuant to s. 1006.28(2)(a)2., and a process for 179 withdrawing his or her minor child from the activity, class, or 180 program in which such materials or activities are used. Such 181 objections may be based on beliefs regarding morality, sex, and 182 religion or the belief that such materials or activities are 183 harmful.
The term “instructional materials” includes, but is not 184 limited to, textbooks, workbooks and worksheets, handouts, 185 software, applications, Internet courses, and any and all 186 digital media available to students pursuant to their role as a 187 student in public school. 188 (
d) Procedures, pursuant to s. 1002.20(3)(d), for a parent 189 to withdraw his or her minor child from any portion of the 190 school district’s comprehensive health education required under 191 s. 1003.42(2)(
n) that relates to sex education or instruction in 192 acquired immune deficiency syndrome education or any instruction 193 regarding sexuality if the parent provides a written objection 194 to his or her minor child’s participation. Such procedures must 195 provide for a parent to be notified in advance of such course 196 content so that he or she may withdraw his or her minor child 197 from those portions of the course. 198 (
e) Procedures, pursuant to s. 1006.195(1)(a), for a parent 199 to learn about the nature and purpose of clubs and activities 200 offered at his or her minor child’s school, including those that 201 are extracurricular or part of the school curriculum. 202 (
f) Procedures for a parent to learn about parental rights 203
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. and responsibilities under general law, including all of the 204 following: 205 1. Pursuant to s. 1002.20(3)(d), the right to opt his or 206 her minor child out of any portion of the school district’s 207 comprehensive health education required under s. 1003.42(2)(n) 208 that relates to sex education instruction in acquired immune 209 deficiency syndrome education or any instruction regarding 210 sexuality. 211 2.
A plan to disseminate information, pursuant to s. 212 1002.20(6), about school choice options, including open 213 enrollment. 214 3. In accordance with s. 1002.20(3)(b), the right of a 215 parent to exempt his or her minor child from immunizations. 216 4. In accordance with s. 1008.22, the right of a parent to 217 review statewide, standardized assessment results. 218 5. In accordance with s. 1003.57, the right of a parent to 219 enroll his or her minor child in gifted or special education 220 programs. 221 6.
In accordance with s. 1006.28(2)(a)1., the right of a 222 parent to inspect school district instructional materials. 223 7. In accordance with s. 1008.25, the right of a parent to 224 access information relating to the school district’s policies 225 for promotion or retention, including high school graduation 226 requirements. 227 8. In accordance with s. 1002.20(14), the right of a parent 228 to receive a school report card and be informed of his or her 229 minor child’s attendance requirements. 230 9.
In accordance with s. 1002.23, the right of a parent to 231 access information relating to the state public education 232
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. system, state standards, report card requirements, attendance 233 requirements, and instructional materials requirements. 234 10. In accordance with s. 1002.23(4), the right of a parent 235 to participate in parent-teacher associations and organizations 236 that are sanctioned by a district school board or the Department 237 of Education. 238 11. In accordance with s. 1002.222(1)(a), the right of a 239 parent to opt out of any district-level data collection relating 240 to his or her minor child not required by law. 241
(2) A district school board may provide the information 242 required in this
section electronically or post such information 243 on its website. 244
(3) A parent may request, in writing, from the district 245 school superintendent the information required under this 246 section. Within 10 days, the district school superintendent must 247 provide such information to the parent. If the district school 248 superintendent denies a parent’s request for information or does 249 not respond to the parent’s request within 10 days, the parent 250 may appeal the denial to the district school board. The district 251 school board must place a parent’s appeal on the agenda for its 252 next public meeting.
If it is too late for a parent’s appeal to 253 appear on the next agenda, the appeal must be included on the 254 agenda for the subsequent meeting. 255
Section
Section 1014.06, Florida Statutes, is created to 256 read: 257 1014.06 Parental consent for health care services.— 258 (1)(
a) Except as otherwise provided by law, a health care 259 practitioner, as defined in s. 456.001, may not provide or 260 solicit or arrange to provide health care services or prescribe 261
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. medicinal drugs to a minor child without first obtaining written 262 parental consent. 263 (
b) Except as otherwise provided by law, a person, as 264 defined in s. 1.01, or an individual employed by such person may 265 not provide or solicit or arrange to provide health care 266 services or prescribe medicinal drugs to a minor child without 267 first obtaining written parental consent. 268
(2) Except as otherwise provided by law or a court order, a 269 provider, as defined in s. 408.803, may not allow a medical 270 procedure to be performed on a minor child in its facility 271 without first obtaining written parental consent. 272
(3) This
section does not apply to an abortion, which is 273 governed by
chapter 390. 274
(4) A health care practitioner or other person who violates 275 this
section is subject to disciplinary action pursuant to s. 276 408.813 or s. 456.072, as applicable, and commits a misdemeanor 277 of the first degree, punishable as provided in s. 775.082 or s. 278 775.083. 279
Section 8. Paragraph (
f) is added to subsection (3) of 280
section 408.813, Florida Statutes, to read: 281 408.813 Administrative fines; violations.—As a penalty for 282 any violation of this part, authorizing statutes, or applicable 283 rules, the agency may impose an administrative fine. 284
(3) The agency may impose an administrative fine for a 285 violation that is not designated as a class I, class II, class 286 III, or class IV violation. Unless otherwise specified by law, 287 the amount of the fine may not exceed $500 for each violation. 288 Unclassified violations include: 289 (
f) Violating the parental consent requirements of s. 290
Florida Senate - 2020 SB 1634 22-01618A-20 20201634__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. 1014.06. 291
Section 9. Paragraph (pp) is added to subsection (1) of 292
section 456.072, Florida Statutes, to read: 293 456.072 Grounds for discipline; penalties; enforcement.— 294
(1) The following acts shall constitute grounds for which 295 the disciplinary actions specified in subsection (2) may be 296 taken: 297 (pp) Failure to comply with the parental consent 298 requirements of s. 1014.06. 299