THE BILL ITSELF
SB 130
Protection of Parental Rights
Florida Senate - 2026 SB 130 By Senator Polsky 30-00105-26 2026130__
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A bill to be entitled
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An act relating to protection of parental rights;
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amending s. 39.806, F.S.; prohibiting a court from
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denying or restricting certain parental rights based
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solely on a parent’s status as a qualified patient for
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purposes of medical marijuana use; prohibiting the
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presumption of neglect or child endangerment based
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solely on a parent’s status as a qualified patient for
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purposes of medical marijuana use; providing
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construction; 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. Present subsections (2), (3), and (4) of section
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39.806, Florida Statutes, are redesignated as subsections (3),
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(4), and (5), respectively, and a new subsection (2) is added to
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that section, to read:
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39.806 Grounds for termination of parental rights.—
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(2) A court may not deny or otherwise restrict a parent’s
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custody of a minor child or the parent’s visitation rights or
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parenting time with a minor child based solely on the parent’s
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status as a qualified patient pursuant to s. 381.986. There is
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no presumption of neglect or child endangerment based solely on
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the parent’s status as a qualified patient pursuant to s.
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381.986. In determining the best interests of the child with
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respect to custody or dependency, this section applies.
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Section 2. This act shall take effect July 1, 2026.