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CS/HB 949 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to child welfare; amending s. 39.01, 2
F.S.; revising the definition of the term "harm" to 3
provide that exposure of a child to a controlled 4
substance may be established by evidence of acute or 5
chronic use of a controlled substance by a parent to a 6
specified extent; revising the definition of the term 7
"neglect" to provide that neglect occurs when there is 8
evidence of acute or chronic use of a controlled 9
substance by a parent to a specified extent; 10
reenacting ss. 39.521(1)(c), 39.6012(1)(c), 11
39.806(1)(k), 61.13(2)(c), 61.401, 61.402(3), 12
390.01114(2)(b), 393.067(4)(g), (7), and (9), 13
744.309(3), 984.03(24), 985.155(4)(c), and 14
1001.42(8)(c), F.S., relating to disposition hearings 15
and powers of disposition; case plan tasks and 16
services; grounds for termination of parental rights; 17
support of children, parenting and time-sharing, and 18
powers of the court; appointment of guardian ad litem; 19
qualifications of guardians ad litem; the Parental 20
Notice of and Consent for Abortion Act; facility 21
licensure; who may be appointed guardian of a resident 22
ward; definitions; neighborhood restorative justice; 23
and powers and duties of district school board, 24
respectively, to incorporate the amendment made to s. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
39.01, F.S., in references thereto; providing an 26
effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Paragraph (g) of subsection (37) and subsection 31
(53) of section 39.01, Florida Statutes, are amended to read: 32
39.01 Definitions.—When used in this chapter, unless the 33
context otherwise requires: 34
(37) "Harm" to a child's health or welfare can occur when 35
any person: 36
(g) Exposes a child to a controlled substance or alcohol. 37
Exposure to a controlled substance or alcohol is established by: 38
1. A test, administered at birth, which indicated that the 39
child's blood, urine, or meconium contained any amount of 40
alcohol or a controlled substance or metabolites of such 41
substances, the presence of which was not the result of medical 42
treatment administered to the mother or the newborn infant; or 43
2. Evidence of extensive, abusive, and chronic use of a 44
controlled substance or alcohol by a parent to the extent that 45
the parent's ability to provide supervision and care for the 46
child has been or is likely to be severely compromised; or 47
3. Evidence of acute or chronic use of a controlled 48
substance by a parent to the extent that the ongoing threat of 49
the parent's future intoxication compromises the parent's 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ability to guarantee and provide supervision and care for the 51
child. 52
53
As used in this paragraph, the term "controlled substance" means 54
prescription drugs not prescribed for the parent or not 55
administered as prescribed and controlled substances as outlined 56
in Schedule I or Schedule II of s. 893.03. 57
(53) "Neglect" occurs when: 58
(a) A child is deprived of, or is allowed to be deprived 59
of, necessary food, clothing, shelter, or medical treatment or a 60
child is permitted to live in an environment when such 61
deprivation or environment causes the child's physical, mental, 62
or emotional health to be significantly impaired or to be in 63
danger of being significantly impaired. The foregoing 64
circumstances shall not be considered neglect if caused 65
primarily by financial inability unless actual services for 66
relief have been offered to and rejected by such person. A 67
parent or legal custodian legitimately practicing religious 68
beliefs in accordance with a recognized church or religious 69
organization who thereby does not provide specific medical 70
treatment for a child may not, for that reason alone, be 71
considered a negligent parent or legal custodian; however, such 72
an exception does not preclude a court from ordering the 73
following services to be provided, when the health of the child 74
so requires: 75
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1.(a) Medical services from a licensed physician, dentist, 76
optometrist, podiatric physician, or other qualified health care 77
provider; or 78
2.(b) Treatment by a duly accredited practitioner who 79
relies solely on spiritual means for healing in accordance with 80
the tenets and practices of a well-recognized church or 81
religious organization. 82
(b) There is evidence of acute or chronic use of a 83
controlled substance by a parent to the extent that the ongoing 84
threat of the parent's future intoxication results in an 85
environment that causes the child's physical, mental, or 86
emotional safety to be significantly impaired or to be in danger 87
of being significantly impaired. 88
89
Neglect of a child includes acts or omissions. 90
Section 2. For the purpose of incorporating the amendment 91
made by this act to section 39.01, Florida Statutes, in a 92
reference thereto, paragraph (c) of subsection (1) of section 93
39.521, Florida Statutes, is reenacted to read: 94
39.521 Disposition hearings; powers of disposition.— 95
(1) A disposition hearing shall be conducted by the court, 96
if the court finds that the facts alleged in the petition for 97
dependency were proven in the adjudicatory hearing, or if the 98
parents or legal custodians have consented to the finding of 99
dependency or admitted the allegations in the petition, have 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
failed to appear for the arraignment hearing after proper 101
notice, or have not been located despite a diligent search 102
having been conducted. 103
(c) When any child is adjudicated by a court to be 104
dependent, the court having jurisdiction of the child has the 105
power by order to: 106
1. Require the parent and, when appropriate, the legal 107
guardian or the child to participate in treatment and services 108
identified as necessary. The court may require the person who 109
has custody or who is requesting custody of the child to submit 110
to a mental health or substance abuse disorder assessment or 111
evaluation. The order may be made only upon good cause shown and 112
pursuant to notice and procedural requirements provided under 113
the Florida Rules of Juvenile Procedure. The mental health 114
assessment or evaluation must be administered by a qualified 115
professional as defined in s. 39.01, and the substance abuse 116
assessment or evaluation must be administered by a qualified 117
professional as defined in s. 397.311. The court may also 118
require such person to participate in and comply with treatment 119
and services identified as necessary, including, when 120
appropriate and available, participation in and compliance with 121
a mental health court program established under chapter 394 or a 122
treatment-based drug court program established under s. 397.334. 123
Adjudication of a child as dependent based upon evidence of harm 124
as defined in s. 39.01(37)(g) demonstrates good cause, and the 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
court shall require the parent whose actions caused the harm to 126
submit to a substance abuse disorder assessment or evaluation 127
and to participate and comply with treatment and services 128
identified in the assessment or evaluation as being necessary. 129
In addition to supervision by the department, the court, 130
including the mental health court program or the treatment-based 131
drug court program, may oversee the progress and compliance with 132
treatment by a person who has custody or is requesting custody 133
of the child. The court may impose appropriate available 134
sanctions for noncompliance upon a person who has custody or is 135
requesting custody of the child or make a finding of 136
noncompliance for consideration in determining whether an 137
alternative placement of the child is in the child's best 138
interests. Any order entered under this subparagraph may be made 139
only upon good cause shown. This subparagraph does not authorize 140
placement of a child with a person seeking custody of the child, 141
other than the child's parent or legal custodian, who requires 142
mental health or substance abuse disorder treatment. 143
2. Require, if the court deems necessary, the parties to 144
participate in dependency mediation. 145
3. Require placement of the child either under the 146
protective supervision of an authorized agent of the department 147
in the home of one or both of the child's parents or in the home 148
of a relative of the child or another adult approved by the 149
court, or in the custody of the department. Protective 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
supervision continues until the court terminates it or until the 151
child reaches the age of 18, whichever date is first. Protective 152
supervision shall be terminated by the court whenever the court 153
determines that permanency has been achieved for the child, 154
whether with a parent, another relative, or a legal custodian, 155
and that protective supervision is no longer needed. The 156
termination of supervision may be with or without retaining 157
jurisdiction, at the court's discretion, and shall in either 158
case be considered a permanency option for the child. The order 159
terminating supervision by the department must set forth the 160
powers of the custodian of the child and include the powers 161
ordinarily granted to a guardian of the person of a minor unless 162
otherwise specified. Upon the court's termination of supervision 163
by the department, further judicial reviews are not required if 164
permanency has been established for the child. 165
4. Determine whether the child has a strong attachment to 166
the prospective permanent guardian and whether such guardian has 167
a strong commitment to permanently caring for the child. 168
Section 3. For the purpose of incorporating the amendment 169
made by this act to section 39.01, Florida Statutes, in a 170
reference thereto, paragraph (c) of subsection (1) of section 171
39.6012, Florida Statutes, is reenacted to read: 172
39.6012 Case plan tasks; services.— 173
(1) The services to be provided to the parent and the 174
tasks that must be completed are subject to the following: 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) If there is evidence of harm as defined in s. 176
39.01(37)(g), the case plan must include as a required task for 177
the parent whose actions caused the harm that the parent submit 178
to a substance abuse disorder assessment or evaluation and 179
participate and comply with treatment and services identified in 180
the assessment or evaluation as being necessary. 181
Section 4. For the purpose of incorporating the amendment 182
made by this act to section 39.01, Florida Statutes, in a 183
reference thereto, paragraph (k) of subsection (1) of section 184
39.806, Florida Statutes, is reenacted to read: 185
39.806 Grounds for termination of parental rights.— 186
(1) Grounds for the termination of parental rights may be 187
established under any of the following circumstances: 188
(k) A test administered at birth that indicated that the 189
child's blood, urine, or meconium contained any amount of 190
alcohol or a controlled substance or metabolites of such 191
substances, the presence of which was not the result of medical 192
treatment administered to the mother or the newborn infant, and 193
the biological mother of the child is the biological mother of 194
at least one other child who was adjudicated dependent after a 195
finding of harm to the child's health or welfare due to exposure 196
to a controlled substance or alcohol as defined in s. 39.01, 197
after which the biological mother had the opportunity to 198
participate in substance abuse treatment. 199
Section 5. For the purpose of incorporating the amendment 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
made by this act to section 39.01, Florida Statutes, in a 201
reference thereto, paragraph (c) of subsection (2) of section 202
61.13, Florida Statutes, is reenacted to read: 203
61.13 Support of children; parenting and time-sharing; 204
powers of court.— 205
(2) 206
(c) The court shall determine all matters relating to 207
parenting and time-sharing of each minor child of the parties in 208
accordance with the best interests of the child and in 209
accordance with the Uniform Child Custody Jurisdiction and 210
Enforcement Act, except that modification of a parenting plan 211
and time-sharing schedule requires a showing of a substantial 212
and material change of circumstances. 213
1. It is the public policy of this state that each minor 214
child has frequent and continuing contact with both parents 215
after the parents separate or the marriage of the parties is 216
dissolved and to encourage parents to share the rights and 217
responsibilities, and joys, of childrearing. Unless otherwise 218
provided in this section or agreed to by the parties, there is a 219
rebuttable presumption that equal time-sharing of a minor child 220
is in the best interests of the minor child. To rebut this 221
presumption, a party must prove by a preponderance of the 222
evidence that equal time-sharing is not in the best interests of 223
the minor child. Except when a time-sharing schedule is agreed 224
to by the parties and approved by the court, the court must 225
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evaluate all of the factors set forth in subsection (3) and make 226
specific written findings of fact when creating or modifying a 227
time-sharing schedule. 228
2. The court shall order that the parental responsibility 229
for a minor child be shared by both parents unless the court 230
finds that shared parental responsibility would be detrimental 231
to the child. In determining detriment to the child, the court 232
shall consider: 233
a. Evidence of domestic violence, as defined in s. 741.28; 234
b. Whether either parent has or has had reasonable cause 235
to believe that he or she or his or her minor child or children 236
are or have been in imminent danger of becoming victims of an 237
act of domestic violence as defined in s. 741.28 or sexual 238
violence as defined in s. 784.046(1)(c) by the other parent 239
against the parent or against the child or children whom the 240
parents share in common regardless of whether a cause of action 241
has been brought or is currently pending in the court; 242
c. Whether either parent has or has had reasonable cause 243
to believe that his or her minor child or children are or have 244
been in imminent danger of becoming victims of an act of abuse, 245
abandonment, or neglect, as those terms are defined in s. 39.01, 246
by the other parent against the child or children whom the 247
parents share in common regardless of whether a cause of action 248
has been brought or is currently pending in the court; and 249
d. Any other relevant factors. 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. The following evidence creates a rebuttable presumption 251
that shared parental responsibility is detrimental to the child: 252
a. A parent has been convicted of a misdemeanor of the 253
first degree or higher involving domestic violence, as defined 254
in s. 741.28 and chapter 775; 255
b. A parent meets the criteria of s. 39.806(1)(d); or 256
c. A parent has been convicted of or had adjudication 257
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 258
at the time of the offense: 259
(I) The parent was 18 years of age or older. 260
(II) The victim was under 18 years of age or the parent 261
believed the victim to be under 18 years of age. 262
263
If the presumption is not rebutted after the convicted parent is 264
advised by the court that the presumption exists, shared 265
parental responsibility, including time-sharing with the child, 266
and decisions made regarding the child, may not be granted to 267
the convicted parent. However, the convicted parent is not 268
relieved of any obligation to provide financial support. If the 269
court determines that shared parental responsibility would be 270
detrimental to the child, it may order sole parental 271
responsibility and make such arrangements for time-sharing as 272
specified in the parenting plan as will best protect the child 273
or abused spouse from further harm. Whether or not there is a 274
conviction of any offense of domestic violence or child abuse or 275
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the existence of an injunction for protection against domestic 276
violence, the court shall consider evidence of domestic violence 277
or child abuse as evidence of detriment to the child. 278
4. In ordering shared parental responsibility, the court 279
may consider the expressed desires of the parents and may grant 280
to one party the ultimate responsibility over specific aspects 281
of the child's welfare or may divide those responsibilities 282
between the parties based on the best interests of the child. 283
Areas of responsibility may include education, health care, and 284
any other responsibilities that the court finds unique to a 285
particular family. 286
5. The court shall order sole parental responsibility for 287
a minor child to one parent, with or without time-sharing with 288
the other parent if it is in the best interests of the minor 289
child. 290
6. There is a rebuttable presumption against granting 291
time-sharing with a minor child if a parent has been convicted 292
of or had adjudication withheld for an offense enumerated in s. 293
943.0435(1)(h)1.a., and at the time of the offense: 294
a. The parent was 18 years of age or older. 295
b. The victim was under 18 years of age or the parent 296
believed the victim to be under 18 years of age. 297
298
A parent may rebut the presumption upon a specific finding in 299
writing by the court that the parent poses no significant risk 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of harm to the child and that time-sharing is in the best 301
interests of the minor child. If the presumption is rebutted, 302
the court must consider all time-sharing factors in subsection 303
(3) when developing a time-sharing schedule. 304
7. Access to records and information pertaining to a minor 305
child, including, but not limited to, medical, dental, and 306
school records, may not be denied to either parent. Full rights 307
under this subparagraph apply to either parent unless a court 308
order specifically revokes these rights, including any 309
restrictions on these rights as provided in a domestic violence 310
injunction. A parent having rights under this subparagraph has 311
the same rights upon request as to form, substance, and manner 312
of access as are available to the other parent of a child, 313
including, without limitation, the right to in-person 314
communication with medical, dental, and education providers. 315
Section 6. For the purpose of incorporating the amendment 316
made by this act to section 39.01, Florida Statutes, in a 317
reference thereto, section 61.401, Florida Statutes, is 318
reenacted to read: 319
61.401 Appointment of guardian ad litem.—In an action for 320
dissolution of marriage or for the creation, approval, or 321
modification of a parenting plan, if the court finds it is in 322
the best interest of the child, the court may appoint a guardian 323
ad litem to act as next friend of the child, investigator or 324
evaluator, not as attorney or advocate. The court in its 325
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discretion may also appoint legal counsel for a child to act as 326
attorney or advocate; however, the guardian and the legal 327
counsel shall not be the same person. In such actions which 328
involve an allegation of child abuse, abandonment, or neglect as 329
defined in s. 39.01, which allegation is verified and determined 330
by the court to be well-founded, the court shall appoint a 331
guardian ad litem for the child. The guardian ad litem shall be 332
a party to any judicial proceeding from the date of the 333
appointment until the date of discharge. 334
Section 7. For the purpose of incorporating the amendment 335
made by this act to section 39.01, Florida Statutes, in a 336
reference thereto, subsection (3) of section 61.402, Florida 337
Statutes, is reenacted to read: 338
61.402 Qualifications of guardians ad litem.— 339
(3) Only a guardian ad litem who qualifies under paragraph 340
(1)(a) or paragraph (1)(c) may be appointed to a case in which 341
the court has determined that there are well-founded allegations 342
of child abuse, abandonment, or neglect as defined in s. 39.01. 343
Section 8. For the purpose of incorporating the amendment 344
made by this act to section 39.01, Florida Statutes, in a 345
reference thereto, paragraph (b) of subsection (2) of section 346
390.01114, Florida Statutes, is reenacted to read: 347
390.01114 Parental Notice of and Consent for Abortion 348
Act.— 349
(2) DEFINITIONS.—As used in this section, the term: 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Child abuse" means abandonment, abuse, harm, mental 351
injury, neglect, physical injury, or sexual abuse of a child as 352
those terms are defined in ss. 39.01, 827.04, and 984.03. 353
Section 9. For the purpose of incorporating the amendment 354
made by this act to section 39.01, Florida Statutes, in a 355
reference thereto, paragraph (g) of subsection (4) and 356
subsections (7) and (9) of section 393.067, Florida Statutes, 357
are reenacted to read: 358
393.067 Facility licensure.— 359
(4) The application shall be under oath and shall contain 360
the following: 361
(g) Certification that the staff of the facility or adult 362
day training program will receive training to detect, report, 363
and prevent sexual abuse, abuse, neglect, exploitation, and 364
abandonment, as defined in ss. 39.01 and 415.102, of residents 365
and clients. 366
(7) The agency shall adopt rules establishing minimum 367
standards for facilities and adult day training programs 368
licensed under this section, including rules requiring 369
facilities and adult day training programs to train staff to 370
detect, report, and prevent sexual abuse, abuse, neglect, 371
exploitation, and abandonment, as defined in ss. 39.01 and 372
415.102, of residents and clients, minimum standards of quality 373
and adequacy of client care, incident reporting requirements, 374
and uniform firesafety standards established by the State Fire 375
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Marshal which are appropriate to the size of the facility or 376
adult day training program. 377
(9) The agency may conduct unannounced inspections to 378
determine compliance by foster care facilities, group home 379
facilities, residential habilitation centers, and adult day 380
training programs with the applicable provisions of this chapter 381
and the rules adopted pursuant hereto, including the rules 382
adopted for training staff of a facility or an adult day 383
training program to detect, report, and prevent sexual abuse, 384
abuse, neglect, exploitation, and abandonment, as defined in ss. 385
39.01 and 415.102, of residents and clients. The facility or 386
adult day training program shall make copies of inspection 387
reports available to the public upon request. 388
Section 10. For the purpose of incorporating the amendment 389
made by this act to section 39.01, Florida Statutes, in a 390
reference thereto, subsection (3) of section 744.309, Florida 391
Statutes, is reenacted to read: 392
744.309 Who may be appointed guardian of a resident ward.— 393
(3) DISQUALIFIED PERSONS.—No person who has been convicted 394
of a felony or who, from any incapacity or illness, is incapable 395
of discharging the duties of a guardian, or who is otherwise 396
unsuitable to perform the duties of a guardian, shall be 397
appointed to act as guardian. Further, no person who has been 398
judicially determined to have committed abuse, abandonment, or 399
neglect against a child as defined in s. 39.01 or s. 984.03(1), 400
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(2), and (24), or who has been found guilty of, regardless of 401
adjudication, or entered a plea of nolo contendere or guilty to, 402
any offense prohibited under s. 435.04 or similar statute of 403
another jurisdiction, shall be appointed to act as a guardian. 404
Except as provided in subsection (5) or subsection (6), a person 405
who provides substantial services to the proposed ward in a 406
professional or business capacity, or a creditor of the proposed 407
ward, may not be appointed guardian and retain that previous 408
professional or business relationship. A person may not be 409
appointed a guardian if he or she is in the employ of any 410
person, agency, government, or corporation that provides service 411
to the proposed ward in a professional or business capacity, 412
except that a person so employed may be appointed if he or she 413
is the spouse, adult child, parent, or sibling of the proposed 414
ward or the court determines that the potential conflict of 415
interest is insubstantial and that the appointment would clearly 416
be in the proposed ward's best interest. The court may not 417
appoint a guardian in any other circumstance in which a conflict 418
of interest may occur. 419
Section 11. For the purpose of incorporating the amendment 420
made by this act to section 39.01, Florida Statutes, in a 421
reference thereto, subsection (24) of section 984.03, Florida 422
Statutes, is reenacted to read: 423
984.03 Definitions.—When used in this chapter, the term: 424
(24) "Neglect" has the same meaning as in s. 39.01(53). 425
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Section 12. For the purpose of incorporating the amendment 426
made by this act to section 39.01, Florida Statutes, in a 427
reference thereto, paragraph (c) of subsection (4) of section 428
985.155, Florida Statutes, is reenacted to read: 429
985.155 Neighborhood restorative justice.— 430
(4) DEFERRED PROSECUTION PROGRAM; PROCEDURES.— 431
(c) The board shall require the parent or legal guardian 432
of the juvenile who is referred to a Neighborhood Restorative 433
Justice Center to appear with the juvenile before the board at 434
the time set by the board. In scheduling board meetings, the 435
board shall be cognizant of a parent's or legal guardian's other 436
obligations. The failure of a parent or legal guardian to appear 437
at the scheduled board meeting with his or her child or ward may 438
be considered by the juvenile court as an act of child neglect 439
as defined by s. 39.01, and the board may refer the matter to 440
the Department of Children and Families for investigation under 441
the provisions of chapter 39. 442
Section 13. For the purpose of incorporating the amendment 443
made by this act to section 39.01, Florida Statutes, in a 444
reference thereto, paragraph (c) of subsection (8) of section 445
1001.42, Florida Statutes, is reenacted to read: 446
1001.42 Powers and duties of district school board.—The 447
district school board, acting as a board, shall exercise all 448
powers and perform all duties listed below: 449
(8) STUDENT WELFARE.— 450
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(c)1. In accordance with the rights of parents enumerated 451
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 452
student's parent if there is a change in the student's services 453
or monitoring related to the student's mental, emotional, or 454
physical health or well-being and the school's ability to 455
provide a safe and supportive learning environment for the 456
student. The procedures must reinforce the fundamental right of 457
parents to make decisions regarding the upbringing and control 458
of their children by requiring school district personnel to 459
encourage a student to discuss issues relating to his or her 460
well-being with his or her parent or to facilitate discussion of 461
the issue with the parent. The procedures may not prohibit 462
parents from accessing any of their student's education and 463
health records created, maintained, or used by the school 464
district, as required by s. 1002.22(2). 465
2. A school district may not adopt procedures or student 466
support forms that prohibit school district personnel from 467
notifying a parent about his or her student's mental, emotional, 468
or physical health or well-being, or a change in related 469
services or monitoring, or that encourage or have the effect of 470
encouraging a student to withhold from a parent such 471
information. School district personnel may not discourage or 472
prohibit parental notification of and involvement in critical 473
decisions affecting a student's mental, emotional, or physical 474
health or well-being. This subparagraph does not prohibit a 475
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school district from adopting procedures that permit school 476
personnel to withhold such information from a parent if a 477
reasonably prudent person would believe that disclosure would 478
result in abuse, abandonment, or neglect, as those terms are 479
defined in s. 39.01. 480
3. Classroom instruction by school personnel or third 481
parties on sexual orientation or gender identity may not occur 482
in prekindergarten through grade 8, except when required by ss. 483
1003.42(2)(o)3. and 1003.46. If such instruction is provided in 484
grades 9 through 12, the instruction must be age-appropriate or 485
developmentally appropriate for students in accordance with 486
state standards. This subparagraph applies to charter schools. 487
4. Student support services training developed or provided 488
by a school district to school district personnel must adhere to 489
student services guidelines, standards, and frameworks 490
established by the Department of Education. 491
5. At the beginning of the school year, each school 492
district shall notify parents of each health care service 493
offered at their student's school and the option to withhold 494
consent or decline any specific service in accordance with s. 495
1014.06. Parental consent to a health care service does not 496
waive the parent's right to access his or her student's 497
educational or health records or to be notified about a change 498
in his or her student's services or monitoring as provided by 499
this paragraph. 500
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6. Before administering a student well-being questionnaire 501
or health screening form to a student in kindergarten through 502
grade 3, the school district must provide the questionnaire or 503
health screening form to the parent and obtain the permission of 504
the parent. 505
7. Each school district shall adopt procedures for a 506
parent to notify the principal, or his or her designee, 507
regarding concerns under this paragraph at his or her student's 508
school and the process for resolving those concerns within 7 509
calendar days after notification by the parent. 510
a. At a minimum, the procedures must require that within 511
30 days after notification by the parent that the concern 512
remains unresolved, the school district must either resolve the 513
concern or provide a statement of the reasons for not resolving 514
the concern. 515
b. If a concern is not resolved by the school district, a 516
parent may: 517
(I) Request the Commissioner of Education to appoint a 518
special magistrate who is a member of The Florida Bar in good 519
standing and who has at least 5 years' experience in 520
administrative law. The special magistrate shall determine facts 521
relating to the dispute over the school district procedure or 522
practice, consider information provided by the school district, 523
and render a recommended decision for resolution to the State 524
Board of Education within 30 days after receipt of the request 525
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by the parent. The State Board of Education must approve or 526
reject the recommended decision at its next regularly scheduled 527
meeting that is more than 7 calendar days and no more than 30 528
days after the date the recommended decision is transmitted. The 529
costs of the special magistrate shall be borne by the school 530
district. The State Board of Education shall adopt rules, 531
including forms, necessary to implement this subparagraph. 532
(II) Bring an action against the school district to obtain 533
a declaratory judgment that the school district procedure or 534
practice violates this paragraph and seek injunctive relief. A 535
court may award damages and shall award reasonable attorney fees 536
and court costs to a parent who receives declaratory or 537
injunctive relief. 538
c. Each school district shall adopt and post on its 539
website policies to notify parents of the procedures required 540
under this subparagraph. 541
d. Nothing contained in this subparagraph shall be 542
construed to abridge or alter rights of action or remedies in 543
equity already existing under the common law or general law. 544
Section 14. This act shall take effect July 1, 2026. 545