Text of FL H 241 (2021)
Parents' Bill of Rights
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As introduced
20,647 characters
HB 241
2021
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A bill to be entitled
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An act relating to Parents' Bill of Rights; creating
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chapter 1014, F.S.; creating s. 1014.01, F.S.;
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providing a short title; creating s. 1014.02, F.S.;
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providing legislative findings; defining the term
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"parent"; creating s. 1014.03, F.S.; providing that
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the state, its political subdivisions, other
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governmental entities, or other institutions may not
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infringe on parental rights without demonstrating
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specified information; creating s. 1014.04, F.S.;
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providing that a parent of a minor child has specified
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rights relating to his or her minor child; prohibiting
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the state from infringing upon specified parental
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rights; providing that certain actions by specified
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individuals are grounds for disciplinary actions
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against such individuals; prohibiting specified
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parental rights from being denied or abridged;
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providing construction; creating s. 1014.05, F.S.;
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requiring each district school board to develop and
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adopt a policy to promote parental involvement in the
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public school system; providing requirements for such
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policy; defining the term "instructional materials";
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authorizing a district school board to provide such
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policy electronically or on its website; authorizing a
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parent to request certain information in writing;
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providing a procedure for the denial of such
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information; creating s. 1014.06, F.S.; prohibiting
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certain health care practitioners and their employees
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from taking specified actions without a parent's
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written permission; prohibiting a health care facility
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from allowing certain actions without a parent's
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written permission; providing exceptions; providing
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for disciplinary actions and criminal penalties;
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amending s. 408.813, F.S.; providing that certain
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violations relating to parental consent are grounds
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for administrative fines for health care facilities;
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amending s. 456.072, F.S.; providing that failure to
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comply with certain parental consent requirements is
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grounds for disciplinary action for health care
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practitioners; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Chapter 1014, Florida Statutes, consisting of
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ss. 1014.01-1014.06, is created and shall be entitled "Parents'
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Bill of Rights."
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Section 2. Section 1014.01, Florida Statutes, is created
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to read:
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1014.01 Short title.—This section and ss. 1014.02-1014.06
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may be cited as the "Parents' Bill of Rights."
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Section 3. Section 1014.02, Florida Statutes, is created
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to read:
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1014.02 Legislative findings and definition.—
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(1) The Legislature finds that it is a fundamental right
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of parents to direct the upbringing, education, and care of
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their minor children. The Legislature further finds that
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important information relating to a minor child should not be
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withheld, either inadvertently or purposefully, from his or her
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parent, including information relating to the minor child's
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health, well-being, and education, while the minor child is in
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the custody of the school district. The Legislature further
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finds it is necessary to establish a consistent mechanism for
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parents to be notified of information relating to the health and
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well-being of their minor children.
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(2) For purposes of this chapter, the term "parent" means
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a person who has legal custody of a minor child as a natural or
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adoptive parent or a legal guardian.
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Section 4. Section 1014.03, Florida Statutes, is created
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to read:
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1014.03 Infringement of parental rights.—The state, any of
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its political subdivisions, any other governmental entity, or
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any other institution may not infringe on the fundamental rights
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of a parent to direct the upbringing, education, health care,
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and mental health of his or her minor child without
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demonstrating that such action is reasonable and necessary to
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achieve a compelling state interest and that such action is
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narrowly tailored and is not otherwise served by a less
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restrictive means.
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Section 5. Section 1014.04, Florida Statutes, is created
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to read:
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1014.04 Parental rights.—
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(1) All parental rights are reserved to the parent of a
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minor child in this state without obstruction or interference
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from the state, any of its political subdivisions, any other
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governmental entity, or any other institution, including, but
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not limited to, all of the following rights of a parent of a
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minor child in this state:
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(a) The right to direct the education and care of his or
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her minor child.
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(b) The right to direct the upbringing and the moral or
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religious training of his or her minor child.
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(c) The right, pursuant to s. 1002.20(2)(b) and (6), to
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apply to enroll his or her minor child in a public school or, as
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an alternative to public education, a private school, including
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a religious school, a home education program, or other available
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options, as authorized by law.
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(d) The right, pursuant to s. 1002.20(13), to access and
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review all school records relating to his or her minor child.
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(e) The right to make health care decisions for his or her
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minor child, unless otherwise prohibited by law.
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(f) The right to access and review all medical records of
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his or her minor child, unless prohibited by law or if the
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parent is the subject of an investigation of a crime committed
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against the minor child and a law enforcement agency or official
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requests that the information not be released.
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(g) The right to consent in writing before a biometric
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scan of his or her minor child is made, shared, or stored.
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(h) The right to consent in writing before any record of
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his or her minor child's blood or deoxyribonucleic acid (DNA) is
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created, stored, or shared, except as required by general law or
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authorized pursuant to a court order.
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(i) The right to consent in writing before the state or
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any of its political subdivisions makes a video or voice
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recording of his or her minor child unless such recording is
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made during or as part of a court proceeding or is made as part
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of a forensic interview in a criminal or Department of Children
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and Families investigation or is to be used solely for the
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following purposes:
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1. A safety demonstration, including the maintenance of
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order and discipline in the common areas of a school or on
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student transportation vehicles;
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2. A purpose related to a legitimate academic or
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extracurricular activity;
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3. A purpose related to regular classroom instructions;
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4. Security or surveillance of buildings or grounds; or
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5. A photo identification card.
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(j) The right to be notified promptly if an employee of
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the state, any of its political subdivisions, any other
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governmental entity, or any other institution suspects that a
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criminal offense has been committed against his or her minor
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child, unless the incident has first been reported to law
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enforcement or the Department of Children and Families and
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notifying the parent would impede the investigation.
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(2) This section does not:
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(a) Authorize a parent of a minor child in this state to
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engage in conduct that is unlawful or to abuse or neglect his or
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her minor child in violation of general law;
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(b) Condone, authorize, approve, or apply to a parental
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action or decision that would end life;
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(c) Prohibit a court of competent jurisdiction, law
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enforcement officer, or employees of a government agency that is
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responsible for child welfare from acting in his or her official
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capacity within the reasonable and prudent scope of his or her
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authority; or
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(d) Prohibit a court of competent jurisdiction from
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issuing an order that is otherwise permitted by law.
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(3) An employee of the state, any of its political
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subdivisions, or any other governmental entity who encourages or
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coerces, or attempts to encourage or coerce, a minor child to
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withhold information from his or her parent may be subject to
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disciplinary action.
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(4) A parent of a minor child in this state has
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inalienable rights that are more comprehensive than those listed
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in this section, unless such rights have been legally waived or
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terminated. This chapter does not prescribe all rights to a
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parent of a minor child in this state. Unless required by law,
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the rights of a parent of a minor child in this state may not be
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limited or denied. This chapter may not be construed to apply to
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a parental action or decision that would end life.
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Section 6. Section 1014.05, Florida Statutes, is created
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to read:
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1014.05 School district notifications on parental rights.—
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(1) Each district school board shall, in consultation with
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parents, teachers, and administrators, develop and adopt a
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policy to promote parental involvement in the public school
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system. Such policy must include:
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(a) A plan, pursuant to s. 1002.23, for parental
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participation in schools to improve parent and teacher
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cooperation in such areas as homework, school attendance, and
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discipline.
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(b) A procedure, pursuant to s. 1002.20(19)(b), for a
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parent to learn about his or her minor child's course of study,
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including the source of any supplemental education materials.
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(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a
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parent to object to instructional materials and other materials
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used in the classroom. Such objections may be based on beliefs
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regarding morality, sex, and religion or the belief that such
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materials are harmful. For purposes of this section, the term
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"instructional materials" has the same meaning as in s.
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1006.29(2) and may include other materials used in the
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classroom, including workbooks and worksheets, handouts,
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software, applications, and any digital media made available to
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students.
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(d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
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to withdraw his or her minor child from any portion of the
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school district's comprehensive health education required under
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s. 1003.42(2)(n) that relates to sex education or instruction in
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acquired immune deficiency syndrome education or any instruction
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regarding sexuality if the parent provides a written objection
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to his or her minor child's participation. Such procedures must
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provide for a parent to be notified in advance of such course
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content so that he or she may withdraw his or her minor child
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from those portions of the course.
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(e) Procedures, pursuant to s. 1006.195(1)(a), for a
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parent to learn about the nature and purpose of clubs and
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activities offered at his or her minor child's school, including
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those that are extracurricular or part of the school curriculum.
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(f) Procedures for a parent to learn about parental rights
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and responsibilities under general law, including all of the
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following:
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1. Pursuant to s. 1002.20(3)(d), the right to opt his or
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her minor child out of any portion of the school district's
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comprehensive health education required under s. 1003.42(2)(n)
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that relates to sex education instruction in acquired immune
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deficiency syndrome education or any instruction regarding
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sexuality.
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2. A plan to disseminate information, pursuant to s.
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1002.20(6), about school choice options, including open
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enrollment.
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3. In accordance with s. 1002.20(3)(b), the right of a
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parent to exempt his or her minor child from immunizations.
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4. In accordance with s. 1008.22, the right of a parent to
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review statewide, standardized assessment results.
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5. In accordance with s. 1003.57, the right of a parent to
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enroll his or her minor child in gifted or special education
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programs.
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6. In accordance with s. 1006.28(2)(a)1., the right of a
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parent to inspect school district instructional materials.
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7. In accordance with s. 1008.25, the right of a parent to
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access information relating to the school district's policies
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for promotion or retention, including high school graduation
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requirements.
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8. In accordance with s. 1002.20(14), the right of a
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parent to receive a school report card and be informed of his or
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her minor child's attendance requirements.
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9. In accordance with s. 1002.23, the right of a parent to
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access information relating to the state public education
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system, state standards, report card requirements, attendance
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requirements, and instructional materials requirements.
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10. In accordance with s. 1002.23(4), the right of a
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parent to participate in parent-teacher associations and
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organizations that are sanctioned by a district school board or
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the Department of Education.
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11. In accordance with s. 1002.222(1)(a), the right of a
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parent to opt out of any district-level data collection relating
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to his or her minor child not required by law.
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(2) A district school board may provide the information
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required in this section electronically or post such information
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on its website.
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(3) A parent may request, in writing, from the district
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school superintendent the information required under this
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section. Within 10 days, the district school superintendent must
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provide such information to the parent. If the district school
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superintendent denies a parent's request for information or does
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not respond to the parent's request within 10 days, the parent
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may appeal the denial to the district school board. The district
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school board must place a parent's appeal on the agenda for its
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next public meeting. If it is too late for a parent's appeal to
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appear on the next agenda, the appeal must be included on the
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agenda for the subsequent meeting.
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Section 7. Section 1014.06, Florida Statutes, is created
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to read:
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1014.06 Parental consent for health care services.—
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(1) Except as otherwise provided by law, a health care
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practitioner, as defined in s. 456.001, or an individual
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employed by such health care practitioner may not provide or
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solicit or arrange to provide health care services or prescribe
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medicinal drugs to a minor child without first obtaining written
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parental consent.
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(2) Except as otherwise provided by law or a court order,
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a provider, as defined in s. 408.803, may not allow a medical
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procedure to be performed on a minor child in its facility
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without first obtaining written parental consent.
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(3) This section does not apply to an abortion, which is
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governed by chapter 390.
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(4) This section does not apply to services provided by a
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clinical laboratory, unless the services are delivered through a
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direct encounter with the minor at the clinical laboratory
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facility. For purposes of this subsection, the term "clinical
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laboratory" has the same meaning as provided in s. 483.803.
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(5) A health care practitioner or other person who
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violates this section is subject to disciplinary action pursuant
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to s. 408.813 or s. 456.072, as applicable, and commits a
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misdemeanor of the first degree, punishable as provided in s.
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775.082 or s. 775.083.
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Section 8. Paragraph (f) is added to subsection (3) of
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section 408.813, Florida Statutes, to read:
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408.813 Administrative fines; violations.—As a penalty for
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any violation of this part, authorizing statutes, or applicable
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rules, the agency may impose an administrative fine.
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(3) The agency may impose an administrative fine for a
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violation that is not designated as a class I, class II, class
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III, or class IV violation. Unless otherwise specified by law,
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the amount of the fine may not exceed $500 for each violation.
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Unclassified violations include:
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(f) Violating the parental consent requirements of s.
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1014.06.
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Section 9. Paragraph (rr) is added to subsection (1) of
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section 456.072, Florida Statutes, to read:
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456.072 Grounds for discipline; penalties; enforcement.—
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(1) The following acts shall constitute grounds for which
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the disciplinary actions specified in subsection (2) may be
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taken:
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(rr) Failure to comply with the parental consent
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requirements of s. 1014.06.
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Section 10. This act shall take effect July 1, 2021.
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As enrolled or final
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1
An act relating to Parents' Bill of Rights; creating
2
chapter 1014, F.S.; creating s. 1014.01, F.S.;
3
providing a short title; creating s. 1014.02, F.S.;
4
providing legislative findings; defining the term
5
"parent"; creating s. 1014.03, F.S.; providing that
6
the state, its political subdivisions, other
7
governmental entities, or other institutions may not
8
infringe on parental rights without demonstrating
9
specified information; creating s. 1014.04, F.S.;
10
providing that a parent of a minor child has specified
11
rights relating to his or her minor child; prohibiting
12
the state from infringing upon specified parental
13
rights; providing that certain actions by specified
14
individuals are grounds for disciplinary actions
15
against such individuals; prohibiting specified
16
parental rights from being denied or abridged;
17
providing construction; creating s. 1014.05, F.S.;
18
requiring each district school board to develop and
19
adopt a policy to promote parental involvement in the
20
public school system; providing requirements for such
21
policy; defining the term "instructional materials";
22
authorizing a district school board to provide such
23
policy electronically or on its website; authorizing a
24
parent to request certain information in writing;
25
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providing a procedure for the denial of such
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information; creating s. 1014.06, F.S.; prohibiting
27
certain health care practitioners and their employees
28
from taking specified actions without a parent's
29
written permission; prohibiting a health care facility
30
from allowing certain actions without a parent's
31
written permission; providing exceptions; providing
32
for disciplinary actions and criminal penalties;
33
amending s. 408.813, F.S.; providing that certain
34
violations relating to parental consent are grounds
35
for administrative fines for health care facilities;
36
amending s. 456.072, F.S.; providing that failure to
37
comply with certain parental consent requirements is
38
grounds for disciplinary action for health care
39
practitioners; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Chapter 1014, Florida Statutes, consisting of
44
ss. 1014.01-1014.06, is created and shall be entitled "Parents'
45
Bill of Rights."
46
Section 2. Section 1014.01, Florida Statutes, is created
47
to read:
48
1014.01 Short title.—This section and ss. 1014.02-1014.06
49
may be cited as the "Parents' Bill of Rights."
50
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Section 3. Section 1014.02, Florida Statutes, is created
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to read:
52
1014.02 Legislative findings and definition.—
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(1) The Legislature finds that it is a fundamental right
54
of parents to direct the upbringing, education, and care of
55
their minor children. The Legislature further finds that
56
important information relating to a minor child should not be
57
withheld, either inadvertently or purposefully, from his or her
58
parent, including information relating to the minor child's
59
health, well-being, and education, while the minor child is in
60
the custody of the school district. The Legislature further
61
finds it is necessary to establish a consistent mechanism for
62
parents to be notified of information relating to the health and
63
well-being of their minor children.
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(2) For purposes of this chapter, the term "parent" means
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a person who has legal custody of a minor child as a natural or
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adoptive parent or a legal guardian.
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Section 4. Section 1014.03, Florida Statutes, is created
68
to read:
69
1014.03 Infringement of parental rights.—The state, any of
70
its political subdivisions, any other governmental entity, or
71
any other institution may not infringe on the fundamental rights
72
of a parent to direct the upbringing, education, health care,
73
and mental health of his or her minor child without
74
demonstrating that such action is reasonable and necessary to
75
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achieve a compelling state interest and that such action is
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narrowly tailored and is not otherwise served by a less
77
restrictive means.
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Section 5. Section 1014.04, Florida Statutes, is created
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to read:
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1014.04 Parental rights.—
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(1) All parental rights are reserved to the parent of a
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minor child in this state without obstruction or interference
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from the state, any of its political subdivisions, any other
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governmental entity, or any other institution, including, but
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not limited to, all of the following rights of a parent of a
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minor child in this state:
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(a) The right to direct the education and care of his or
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her minor child.
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(b) The right to direct the upbringing and the moral or
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religious training of his or her minor child.
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(c) The right, pursuant to s. 1002.20(2)(b) and (6), to
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apply to enroll his or her minor child in a public school or, as
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an alternative to public education, a private school, including
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a religious school, a home education program, or other available
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options, as authorized by law.
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(d) The right, pursuant to s. 1002.20(13), to access and
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review all school records relating to his or her minor child.
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(e) The right to make health care decisions for his or her
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minor child, unless otherwise prohibited by law.
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(f) The right to access and review all medical records of
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his or her minor child, unless prohibited by law or if the
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parent is the subject of an investigation of a crime committed
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against the minor child and a law enforcement agency or official
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requests that the information not be released.
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(g) The right to consent in writing before a biometric
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scan of his or her minor child is made, shared, or stored.
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(h) The right to consent in writing before any record of
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his or her minor child's blood or deoxyribonucleic acid (DNA) is
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created, stored, or shared, except as required by general law or
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authorized pursuant to a court order.
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(i) The right to consent in writing before the state or
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any of its political subdivisions makes a video or voice
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recording of his or her minor child unless such recording is
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made during or as part of a court proceeding or is made as part
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of a forensic interview in a criminal or Department of Children
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and Families investigation or is to be used solely for the
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following purposes:
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1. A safety demonstration, including the maintenance of
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order and discipline in the common areas of a school or on
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student transportation vehicles;
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2. A purpose related to a legitimate academic or
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extracurricular activity;
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3. A purpose related to regular classroom instructions;
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4. Security or surveillance of buildings or grounds; or
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5. A photo identification card.
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(j) The right to be notified promptly if an employee of
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the state, any of its political subdivisions, any other
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governmental entity, or any other institution suspects that a
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criminal offense has been committed against his or her minor
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child, unless the incident has first been reported to law
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enforcement or the Department of Children and Families and
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notifying the parent would impede the investigation.
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(2) This section does not:
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(a) Authorize a parent of a minor child in this state to
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engage in conduct that is unlawful or to abuse or neglect his or
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her minor child in violation of general law;
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(b) Condone, authorize, approve, or apply to a parental
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action or decision that would end life;
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(c) Prohibit a court of competent jurisdiction, law
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enforcement officer, or employees of a government agency that is
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responsible for child welfare from acting in his or her official
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capacity within the reasonable and prudent scope of his or her
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authority; or
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(d) Prohibit a court of competent jurisdiction from
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issuing an order that is otherwise permitted by law.
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(3) An employee of the state, any of its political
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subdivisions, or any other governmental entity who encourages or
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coerces, or attempts to encourage or coerce, a minor child to
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withhold information from his or her parent may be subject to
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disciplinary action.
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(4) A parent of a minor child in this state has
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inalienable rights that are more comprehensive than those listed
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in this section, unless such rights have been legally waived or
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terminated. This chapter does not prescribe all rights to a
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parent of a minor child in this state. Unless required by law,
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the rights of a parent of a minor child in this state may not be
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limited or denied. This chapter may not be construed to apply to
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a parental action or decision that would end life.
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Section 6. Section 1014.05, Florida Statutes, is created
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to read:
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1014.05 School district notifications on parental rights.—
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(1) Each district school board shall, in consultation with
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parents, teachers, and administrators, develop and adopt a
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policy to promote parental involvement in the public school
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system. Such policy must include:
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(a) A plan, pursuant to s. 1002.23, for parental
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participation in schools to improve parent and teacher
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cooperation in such areas as homework, school attendance, and
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discipline.
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(b) A procedure, pursuant to s. 1002.20(19)(b), for a
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parent to learn about his or her minor child's course of study,
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including the source of any supplemental education materials.
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(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a
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parent to object to instructional materials and other materials
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used in the classroom. Such objections may be based on beliefs
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regarding morality, sex, and religion or the belief that such
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materials are harmful. For purposes of this section, the term
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"instructional materials" has the same meaning as in s.
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1006.29(2) and may include other materials used in the
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classroom, including workbooks and worksheets, handouts,
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software, applications, and any digital media made available to
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students.
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(d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
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to withdraw his or her minor child from any portion of the
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school district's comprehensive health education required under
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s. 1003.42(2)(n) that relates to sex education or instruction in
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acquired immune deficiency syndrome education or any instruction
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regarding sexuality if the parent provides a written objection
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to his or her minor child's participation. Such procedures must
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provide for a parent to be notified in advance of such course
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content so that he or she may withdraw his or her minor child
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from those portions of the course.
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(e) Procedures, pursuant to s. 1006.195(1)(a), for a
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parent to learn about the nature and purpose of clubs and
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activities offered at his or her minor child's school, including
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those that are extracurricular or part of the school curriculum.
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(f) Procedures for a parent to learn about parental rights
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and responsibilities under general law, including all of the
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following:
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1. Pursuant to s. 1002.20(3)(d), the right to opt his or
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her minor child out of any portion of the school district's
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comprehensive health education required under s. 1003.42(2)(n)
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that relates to sex education instruction in acquired immune
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deficiency syndrome education or any instruction regarding
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sexuality.
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2. A plan to disseminate information, pursuant to s.
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1002.20(6), about school choice options, including open
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enrollment.
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3. In accordance with s. 1002.20(3)(b), the right of a
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parent to exempt his or her minor child from immunizations.
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4. In accordance with s. 1008.22, the right of a parent to
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review statewide, standardized assessment results.
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5. In accordance with s. 1003.57, the right of a parent to
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enroll his or her minor child in gifted or special education
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programs.
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6. In accordance with s. 1006.28(2)(a)1., the right of a
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parent to inspect school district instructional materials.
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7. In accordance with s. 1008.25, the right of a parent to
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access information relating to the school district's policies
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for promotion or retention, including high school graduation
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requirements.
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8. In accordance with s. 1002.20(14), the right of a
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parent to receive a school report card and be informed of his or
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her minor child's attendance requirements.
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9. In accordance with s. 1002.23, the right of a parent to
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access information relating to the state public education
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system, state standards, report card requirements, attendance
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requirements, and instructional materials requirements.
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10. In accordance with s. 1002.23(4), the right of a
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parent to participate in parent-teacher associations and
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organizations that are sanctioned by a district school board or
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the Department of Education.
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11. In accordance with s. 1002.222(1)(a), the right of a
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parent to opt out of any district-level data collection relating
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to his or her minor child not required by law.
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(2) A district school board may provide the information
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required in this section electronically or post such information
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on its website.
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(3) A parent may request, in writing, from the district
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school superintendent the information required under this
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section. Within 10 days, the district school superintendent must
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provide such information to the parent. If the district school
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superintendent denies a parent's request for information or does
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not respond to the parent's request within 10 days, the parent
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may appeal the denial to the district school board. The district
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school board must place a parent's appeal on the agenda for its
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next public meeting. If it is too late for a parent's appeal to
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appear on the next agenda, the appeal must be included on the
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agenda for the subsequent meeting.
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Section 7. Section 1014.06, Florida Statutes, is created
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to read:
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1014.06 Parental consent for health care services.—
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(1) Except as otherwise provided by law, a health care
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practitioner, as defined in s. 456.001, or an individual
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employed by such health care practitioner may not provide or
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solicit or arrange to provide health care services or prescribe
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medicinal drugs to a minor child without first obtaining written
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parental consent.
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(2) Except as otherwise provided by law or a court order,
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a provider, as defined in s. 408.803, may not allow a medical
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procedure to be performed on a minor child in its facility
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without first obtaining written parental consent.
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(3) This section does not apply to an abortion, which is
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governed by chapter 390.
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(4) This section does not apply to services provided by a
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clinical laboratory, unless the services are delivered through a
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direct encounter with the minor at the clinical laboratory
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facility. For purposes of this subsection, the term "clinical
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laboratory" has the same meaning as provided in s. 483.803.
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(5) A health care practitioner or other person who
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violates this section is subject to disciplinary action pursuant
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to s. 408.813 or s. 456.072, as applicable, and commits a
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misdemeanor of the first degree, punishable as provided in s.
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775.082 or s. 775.083.
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Section 8. Paragraph (f) is added to subsection (3) of
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section 408.813, Florida Statutes, to read:
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408.813 Administrative fines; violations.—As a penalty for
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any violation of this part, authorizing statutes, or applicable
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rules, the agency may impose an administrative fine.
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(3) The agency may impose an administrative fine for a
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violation that is not designated as a class I, class II, class
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III, or class IV violation. Unless otherwise specified by law,
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the amount of the fine may not exceed $500 for each violation.
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Unclassified violations include:
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(f) Violating the parental consent requirements of s.
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1014.06.
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Section 9. Paragraph (rr) is added to subsection (1) of
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section 456.072, Florida Statutes, to read:
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456.072 Grounds for discipline; penalties; enforcement.—
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(1) The following acts shall constitute grounds for which
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the disciplinary actions specified in subsection (2) may be
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taken:
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(rr) Failure to comply with the parental consent
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requirements of s. 1014.06.
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Section 10. This act shall take effect July 1, 2021.
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