Bill Text: FL S1532 | 2015 | Regular Session | Introduced

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Bill Title: Parental Rights

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Children, Families, and Elder Affairs [S1532 Detail]

Download: Florida-2015-S1532-Introduced.html

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       Florida Senate - 2015                                    SB 1532
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00881A-15                                          20151532__
    1                        A bill to be entitled                      
    2         An act relating to parental rights; amending s.
    3         39.001, F.S.; revising legislative intent to establish
    4         the right of a parent to make decisions regarding the
    5         care, custody, and management of his or her child;
    6         requiring a specific determination to overcome that
    7         right; providing for applicability; providing that
    8         general law adopted after a specified date may
    9         supersede the right if a specified requirement is met;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (7) of section 39.001, Florida
   15  Statutes, is amended to read:
   16         39.001 Purposes and intent; personnel standards and
   17  screening.—
   18         (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES;
   19  PARENTAL RIGHTS.—
   20         (a) Responsibilities.—Parents, custodians, and guardians
   21  are deemed by the state to be responsible for providing their
   22  children with sufficient support, guidance, and supervision. The
   23  state further recognizes that the ability of parents,
   24  custodians, and guardians to fulfill these those
   25  responsibilities can be greatly impaired by economic, social,
   26  behavioral, emotional, and related problems. It is, therefore,
   27  the policy of the Legislature that it is the state’s
   28  responsibility to ensure that factors impeding the ability of
   29  caregivers to fulfill their responsibilities are identified
   30  through the dependency process and that appropriate
   31  recommendations and services to address those problems are
   32  considered in any judicial or nonjudicial proceeding.
   33         (b) Parental rights.—
   34         1. The liberty of a parent to direct the upbringing,
   35  education, and care of his or her child is a fundamental right.
   36         2.a. The state, or a political subdivision of the state,
   37  may not infringe upon the right of a parent as stated in
   38  subparagraph 1. unless it demonstrates that the public safety,
   39  health, and welfare of a child is in jeopardy or that its
   40  interest, as applied to the parent, is of the highest order and
   41  cannot be otherwise served.
   42         b. This paragraph applies retroactively and prospectively
   43  to any state, general, or local law or local ordinance and the
   44  implementation of that law or ordinance.
   45         c. A general law adopted after July 1, 2015, may supersede
   46  this paragraph, but only to the extent that it does so by
   47  express reference to this paragraph.
   48         Section 2. This act shall take effect July 1, 2015.