CS/HB 949 full text · Session Watch

1 A bill to be entitled

2 An act relating to child welfare; amending s. 39.01,

3 F.S.; revising the definition of the term "harm" to

4 provide that exposure of a child to a controlled

5 substance may be established by evidence of acute or

6 chronic use of a controlled substance by a parent to a

7 specified extent; revising the definition of the term

8 "neglect" to provide that neglect occurs when there is

9 evidence of acute or chronic use of a controlled

10 substance by a parent to a specified extent;

11 reenacting ss. 39.521(1)(c), 39.6012(1)(c),

12 39.806(1)(k), 61.13(2)(c), 61.401, 61.402(3),

13 390.01114(2)(b), 393.067(4)(g), (7), and (9),

14 744.309(3), 984.03(24), 985.155(4)(c), and

15 1001.42(8)(c), F.S., relating to disposition hearings

16 and powers of disposition; case plan tasks and

17 services; grounds for termination of parental rights;

18 support of children, parenting and time-sharing, and

19 powers of the court; appointment of guardian ad litem;

20 qualifications of guardians ad litem; the Parental

21 Notice of and Consent for Abortion Act; facility

22 licensure; who may be appointed guardian of a resident

23 ward; definitions; neighborhood restorative justice;

24 and powers and duties of district school board,

25 respectively, to incorporate the amendment made to s.

26 39.01, F.S., in references thereto; providing an

27 effective date.

29 Be It Enacted by the Legislature of the State of Florida:

31 Section 1. Paragraph (g) of subsection (37) and subsection

32 (53) of section 39.01, Florida Statutes, are amended to read:

33 39.01 Definitions.—When used in this chapter, unless the

34 context otherwise requires:

35 (37) "Harm" to a child's health or welfare can occur when

36 any person:

37 (g) Exposes a child to a controlled substance or alcohol.

38 Exposure to a controlled substance or alcohol is established by:

39 1. A test, administered at birth, which indicated that the

40 child's blood, urine, or meconium contained any amount of

41 alcohol or a controlled substance or metabolites of such

42 substances, the presence of which was not the result of medical

43 treatment administered to the mother or the newborn infant; or

44 2. Evidence of extensive, abusive, and chronic use of a

45 controlled substance or alcohol by a parent to the extent that

46 the parent's ability to provide supervision and care for the

47 child has been or is likely to be severely compromised; or

48 3. Evidence of acute or chronic use of a controlled

49 substance by a parent to the extent that the ongoing threat of

50 the parent's future intoxication compromises the parent's

51 ability to guarantee and provide supervision and care for the

52 child.

54 As used in this paragraph, the term "controlled substance" means

55 prescription drugs not prescribed for the parent or not

56 administered as prescribed and controlled substances as outlined

57 in Schedule I or Schedule II of s. 893.03.

58 (53) "Neglect" occurs when:

59 (a) A child is deprived of, or is allowed to be deprived

60 of, necessary food, clothing, shelter, or medical treatment or a

61 child is permitted to live in an environment when such

62 deprivation or environment causes the child's physical, mental,

63 or emotional health to be significantly impaired or to be in

64 danger of being significantly impaired. The foregoing

65 circumstances shall not be considered neglect if caused

66 primarily by financial inability unless actual services for

67 relief have been offered to and rejected by such person. A

68 parent or legal custodian legitimately practicing religious

69 beliefs in accordance with a recognized church or religious

70 organization who thereby does not provide specific medical

71 treatment for a child may not, for that reason alone, be

72 considered a negligent parent or legal custodian; however, such

73 an exception does not preclude a court from ordering the

74 following services to be provided, when the health of the child

75 so requires:

76 ~~1.(a)~~ Medical services from a licensed physician, dentist,

77 optometrist, podiatric physician, or other qualified health care

78 provider; or

79 ~~2.(b)~~ Treatment by a duly accredited practitioner who

80 relies solely on spiritual means for healing in accordance with

81 the tenets and practices of a well-recognized church or

82 religious organization.

83 (b) There is evidence of acute or chronic use of a

84 controlled substance by a parent to the extent that the ongoing

85 threat of the parent's future intoxication results in an

86 environment that causes the child's physical, mental, or

87 emotional safety to be significantly impaired or to be in danger

88 of being significantly impaired.

90 Neglect of a child includes acts or omissions.

91 Section 2. For the purpose of incorporating the amendment

92 made by this act to section 39.01, Florida Statutes, in a

93 reference thereto, paragraph (c) of subsection (1) of section

94 39.521, Florida Statutes, is reenacted to read:

95 39.521 Disposition hearings; powers of disposition.—

96 (1) A disposition hearing shall be conducted by the court,

97 if the court finds that the facts alleged in the petition for

98 dependency were proven in the adjudicatory hearing, or if the

99 parents or legal custodians have consented to the finding of

100 dependency or admitted the allegations in the petition, have

101 failed to appear for the arraignment hearing after proper

102 notice, or have not been located despite a diligent search

103 having been conducted.

104 (c) When any child is adjudicated by a court to be

105 dependent, the court having jurisdiction of the child has the

106 power by order to:

107 1. Require the parent and, when appropriate, the legal

108 guardian or the child to participate in treatment and services

109 identified as necessary. The court may require the person who

110 has custody or who is requesting custody of the child to submit

111 to a mental health or substance abuse disorder assessment or

112 evaluation. The order may be made only upon good cause shown and

113 pursuant to notice and procedural requirements provided under

114 the Florida Rules of Juvenile Procedure. The mental health

115 assessment or evaluation must be administered by a qualified

116 professional as defined in s. 39.01, and the substance abuse

117 assessment or evaluation must be administered by a qualified

118 professional as defined in s. 397.311. The court may also

119 require such person to participate in and comply with treatment

120 and services identified as necessary, including, when

121 appropriate and available, participation in and compliance with

122 a mental health court program established under chapter 394 or a

123 treatment-based drug court program established under s. 397.334.

124 Adjudication of a child as dependent based upon evidence of harm

125 as defined in s. 39.01(37)(g) demonstrates good cause, and the

126 court shall require the parent whose actions caused the harm to

127 submit to a substance abuse disorder assessment or evaluation

128 and to participate and comply with treatment and services

129 identified in the assessment or evaluation as being necessary.

130 In addition to supervision by the department, the court,

131 including the mental health court program or the treatment-based

132 drug court program, may oversee the progress and compliance with

133 treatment by a person who has custody or is requesting custody

134 of the child. The court may impose appropriate available

135 sanctions for noncompliance upon a person who has custody or is

136 requesting custody of the child or make a finding of

137 noncompliance for consideration in determining whether an

138 alternative placement of the child is in the child's best

139 interests. Any order entered under this subparagraph may be made

140 only upon good cause shown. This subparagraph does not authorize

141 placement of a child with a person seeking custody of the child,

142 other than the child's parent or legal custodian, who requires

143 mental health or substance abuse disorder treatment.

144 2. Require, if the court deems necessary, the parties to

145 participate in dependency mediation.

146 3. Require placement of the child either under the

147 protective supervision of an authorized agent of the department

148 in the home of one or both of the child's parents or in the home

149 of a relative of the child or another adult approved by the

150 court, or in the custody of the department. Protective

151 supervision continues until the court terminates it or until the

152 child reaches the age of 18, whichever date is first. Protective

153 supervision shall be terminated by the court whenever the court

154 determines that permanency has been achieved for the child,

155 whether with a parent, another relative, or a legal custodian,

156 and that protective supervision is no longer needed. The

157 termination of supervision may be with or without retaining

158 jurisdiction, at the court's discretion, and shall in either

159 case be considered a permanency option for the child. The order

160 terminating supervision by the department must set forth the

161 powers of the custodian of the child and include the powers

162 ordinarily granted to a guardian of the person of a minor unless

163 otherwise specified. Upon the court's termination of supervision

164 by the department, further judicial reviews are not required if

165 permanency has been established for the child.

166 4. Determine whether the child has a strong attachment to

167 the prospective permanent guardian and whether such guardian has

168 a strong commitment to permanently caring for the child.

169 Section 3. For the purpose of incorporating the amendment

170 made by this act to section 39.01, Florida Statutes, in a

171 reference thereto, paragraph (c) of subsection (1) of section

172 39.6012, Florida Statutes, is reenacted to read:

173 39.6012 Case plan tasks; services.—

174 (1) The services to be provided to the parent and the

175 tasks that must be completed are subject to the following:

176 (c) If there is evidence of harm as defined in s.

177 39.01(37)(g), the case plan must include as a required task for

178 the parent whose actions caused the harm that the parent submit

179 to a substance abuse disorder assessment or evaluation and

180 participate and comply with treatment and services identified in

181 the assessment or evaluation as being necessary.

182 Section 4. For the purpose of incorporating the amendment

183 made by this act to section 39.01, Florida Statutes, in a

184 reference thereto, paragraph (k) of subsection (1) of section

185 39.806, Florida Statutes, is reenacted to read:

186 39.806 Grounds for termination of parental rights.—

187 (1) Grounds for the termination of parental rights may be

188 established under any of the following circumstances:

189 (k) A test administered at birth that indicated that the

190 child's blood, urine, or meconium contained any amount of

191 alcohol or a controlled substance or metabolites of such

192 substances, the presence of which was not the result of medical

193 treatment administered to the mother or the newborn infant, and

194 the biological mother of the child is the biological mother of

195 at least one other child who was adjudicated dependent after a

196 finding of harm to the child's health or welfare due to exposure

197 to a controlled substance or alcohol as defined in s. 39.01,

198 after which the biological mother had the opportunity to

199 participate in substance abuse treatment.

200 Section 5. For the purpose of incorporating the amendment

201 made by this act to section 39.01, Florida Statutes, in a

202 reference thereto, paragraph (c) of subsection (2) of section

203 61.13, Florida Statutes, is reenacted to read:

204 61.13 Support of children; parenting and time-sharing;

205 powers of court.—

206 (2)

207 (c) The court shall determine all matters relating to

208 parenting and time-sharing of each minor child of the parties in

209 accordance with the best interests of the child and in

210 accordance with the Uniform Child Custody Jurisdiction and

211 Enforcement Act, except that modification of a parenting plan

212 and time-sharing schedule requires a showing of a substantial

213 and material change of circumstances.

214 1. It is the public policy of this state that each minor

215 child has frequent and continuing contact with both parents

216 after the parents separate or the marriage of the parties is

217 dissolved and to encourage parents to share the rights and

218 responsibilities, and joys, of childrearing. Unless otherwise

219 provided in this section or agreed to by the parties, there is a

220 rebuttable presumption that equal time-sharing of a minor child

221 is in the best interests of the minor child. To rebut this

222 presumption, a party must prove by a preponderance of the

223 evidence that equal time-sharing is not in the best interests of

224 the minor child. Except when a time-sharing schedule is agreed

225 to by the parties and approved by the court, the court must

226 evaluate all of the factors set forth in subsection (3) and make

227 specific written findings of fact when creating or modifying a

228 time-sharing schedule.

229 2. The court shall order that the parental responsibility

230 for a minor child be shared by both parents unless the court

231 finds that shared parental responsibility would be detrimental

232 to the child. In determining detriment to the child, the court

233 shall consider:

234 a. Evidence of domestic violence, as defined in s. 741.28;

235 b. Whether either parent has or has had reasonable cause

236 to believe that he or she or his or her minor child or children

237 are or have been in imminent danger of becoming victims of an

238 act of domestic violence as defined in s. 741.28 or sexual

239 violence as defined in s. 784.046(1)(c) by the other parent

240 against the parent or against the child or children whom the

241 parents share in common regardless of whether a cause of action

242 has been brought or is currently pending in the court;

243 c. Whether either parent has or has had reasonable cause

244 to believe that his or her minor child or children are or have

245 been in imminent danger of becoming victims of an act of abuse,

246 abandonment, or neglect, as those terms are defined in s. 39.01,

247 by the other parent against the child or children whom the

248 parents share in common regardless of whether a cause of action

249 has been brought or is currently pending in the court; and

250 d. Any other relevant factors.

251 3. The following evidence creates a rebuttable presumption

252 that shared parental responsibility is detrimental to the child:

253 a. A parent has been convicted of a misdemeanor of the

254 first degree or higher involving domestic violence, as defined

255 in s. 741.28 and chapter 775;

256 b. A parent meets the criteria of s. 39.806(1)(d); or

257 c. A parent has been convicted of or had adjudication

258 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and

259 at the time of the offense:

260 (I) The parent was 18 years of age or older.

261 (II) The victim was under 18 years of age or the parent

262 believed the victim to be under 18 years of age.

264 If the presumption is not rebutted after the convicted parent is

265 advised by the court that the presumption exists, shared

266 parental responsibility, including time-sharing with the child,

267 and decisions made regarding the child, may not be granted to

268 the convicted parent. However, the convicted parent is not

269 relieved of any obligation to provide financial support. If the

270 court determines that shared parental responsibility would be

271 detrimental to the child, it may order sole parental

272 responsibility and make such arrangements for time-sharing as

273 specified in the parenting plan as will best protect the child

274 or abused spouse from further harm. Whether or not there is a

275 conviction of any offense of domestic violence or child abuse or

276 the existence of an injunction for protection against domestic

277 violence, the court shall consider evidence of domestic violence

278 or child abuse as evidence of detriment to the child.

279 4. In ordering shared parental responsibility, the court

280 may consider the expressed desires of the parents and may grant

281 to one party the ultimate responsibility over specific aspects

282 of the child's welfare or may divide those responsibilities

283 between the parties based on the best interests of the child.

284 Areas of responsibility may include education, health care, and

285 any other responsibilities that the court finds unique to a

286 particular family.

287 5. The court shall order sole parental responsibility for

288 a minor child to one parent, with or without time-sharing with

289 the other parent if it is in the best interests of the minor

290 child.

291 6. There is a rebuttable presumption against granting

292 time-sharing with a minor child if a parent has been convicted

293 of or had adjudication withheld for an offense enumerated in s.

294 943.0435(1)(h)1.a., and at the time of the offense:

295 a. The parent was 18 years of age or older.

296 b. The victim was under 18 years of age or the parent

297 believed the victim to be under 18 years of age.

299 A parent may rebut the presumption upon a specific finding in

300 writing by the court that the parent poses no significant risk

301 of harm to the child and that time-sharing is in the best

302 interests of the minor child. If the presumption is rebutted,

303 the court must consider all time-sharing factors in subsection

304 (3) when developing a time-sharing schedule.

305 7. Access to records and information pertaining to a minor

306 child, including, but not limited to, medical, dental, and

307 school records, may not be denied to either parent. Full rights

308 under this subparagraph apply to either parent unless a court

309 order specifically revokes these rights, including any

310 restrictions on these rights as provided in a domestic violence

311 injunction. A parent having rights under this subparagraph has

312 the same rights upon request as to form, substance, and manner

313 of access as are available to the other parent of a child,

314 including, without limitation, the right to in-person

315 communication with medical, dental, and education providers.

316 Section 6. For the purpose of incorporating the amendment

317 made by this act to section 39.01, Florida Statutes, in a

318 reference thereto, section 61.401, Florida Statutes, is

319 reenacted to read:

320 61.401 Appointment of guardian ad litem.—In an action for

321 dissolution of marriage or for the creation, approval, or

322 modification of a parenting plan, if the court finds it is in

323 the best interest of the child, the court may appoint a guardian

324 ad litem to act as next friend of the child, investigator or

325 evaluator, not as attorney or advocate. The court in its

326 discretion may also appoint legal counsel for a child to act as

327 attorney or advocate; however, the guardian and the legal

328 counsel shall not be the same person. In such actions which

329 involve an allegation of child abuse, abandonment, or neglect as

330 defined in s. 39.01, which allegation is verified and determined

331 by the court to be well-founded, the court shall appoint a

332 guardian ad litem for the child. The guardian ad litem shall be

333 a party to any judicial proceeding from the date of the

334 appointment until the date of discharge.

335 Section 7. For the purpose of incorporating the amendment

336 made by this act to section 39.01, Florida Statutes, in a

337 reference thereto, subsection (3) of section 61.402, Florida

338 Statutes, is reenacted to read:

339 61.402 Qualifications of guardians ad litem.—

340 (3) Only a guardian ad litem who qualifies under paragraph

341 (1)(a) or paragraph (1)(c) may be appointed to a case in which

342 the court has determined that there are well-founded allegations

343 of child abuse, abandonment, or neglect as defined in s. 39.01.

344 Section 8. For the purpose of incorporating the amendment

345 made by this act to section 39.01, Florida Statutes, in a

346 reference thereto, paragraph (b) of subsection (2) of section

347 390.01114, Florida Statutes, is reenacted to read:

348 390.01114 Parental Notice of and Consent for Abortion

349 Act.—

350 (2) DEFINITIONS.—As used in this section, the term:

351 (b) "Child abuse" means abandonment, abuse, harm, mental

352 injury, neglect, physical injury, or sexual abuse of a child as

353 those terms are defined in ss. 39.01, 827.04, and 984.03.

354 Section 9. For the purpose of incorporating the amendment made by this act to section 39.01, Florida Statutes, in a

356 reference thereto, paragraph (g) of subsection (4) and

357 subsections (7) and (9) of section 393.067, Florida Statutes,

358 are reenacted to read:

359 393.067 Facility licensure.—

360 (4) The application shall be under oath and shall contain

361 the following:

362 (g) Certification that the staff of the facility or adult

363 day training program will receive training to detect, report,

364 and prevent sexual abuse, abuse, neglect, exploitation, and

365 abandonment, as defined in ss. 39.01 and 415.102, of residents

366 and clients.

367 (7) The agency shall adopt rules establishing minimum

368 standards for facilities and adult day training programs

369 licensed under this section, including rules requiring

370 facilities and adult day training programs to train staff to

371 detect, report, and prevent sexual abuse, abuse, neglect,

372 exploitation, and abandonment, as defined in ss. 39.01 and

373 415.102, of residents and clients, minimum standards of quality

374 and adequacy of client care, incident reporting requirements,

375 and uniform firesafety standards established by the State Fire

376 Marshal which are appropriate to the size of the facility or

377 adult day training program.

378 (9) The agency may conduct unannounced inspections to

379 determine compliance by foster care facilities, group home

380 facilities, residential habilitation centers, and adult day

381 training programs with the applicable provisions of this chapter

382 and the rules adopted pursuant hereto, including the rules

383 adopted for training staff of a facility or an adult day

384 training program to detect, report, and prevent sexual abuse,

385 abuse, neglect, exploitation, and abandonment, as defined in ss.

386 39.01 and 415.102, of residents and clients. The facility or

387 adult day training program shall make copies of inspection

388 reports available to the public upon request.

389 Section 10. For the purpose of incorporating the amendment made by this act to section 39.01, Florida Statutes, in a

391 reference thereto, subsection (3) of section 744.309, Florida

392 Statutes, is reenacted to read:

393 744.309 Who may be appointed guardian of a resident ward.—

394 (3) DISQUALIFIED PERSONS.—No person who has been convicted

395 of a felony or who, from any incapacity or illness, is incapable

396 of discharging the duties of a guardian, or who is otherwise

397 unsuitable to perform the duties of a guardian, shall be

398 appointed to act as guardian. Further, no person who has been

399 judicially determined to have committed abuse, abandonment, or

400 neglect against a child as defined in s. 39.01 or s. 984.03(1),

401 (2), and (24), or who has been found guilty of, regardless of

402 adjudication, or entered a plea of nolo contendere or guilty to,

403 any offense prohibited under s. 435.04 or similar statute of

404 another jurisdiction, shall be appointed to act as a guardian.

405 Except as provided in subsection (5) or subsection (6), a person

406 who provides substantial services to the proposed ward in a

407 professional or business capacity, or a creditor of the proposed

408 ward, may not be appointed guardian and retain that previous

409 professional or business relationship. A person may not be

410 appointed a guardian if he or she is in the employ of any

411 person, agency, government, or corporation that provides service

412 to the proposed ward in a professional or business capacity,

413 except that a person so employed may be appointed if he or she

414 is the spouse, adult child, parent, or sibling of the proposed

415 ward or the court determines that the potential conflict of

416 interest is insubstantial and that the appointment would clearly

417 be in the proposed ward's best interest. The court may not

418 appoint a guardian in any other circumstance in which a conflict

419 of interest may occur.

420 Section 11. For the purpose of incorporating the amendment

421 made by this act to section 39.01, Florida Statutes, in a

422 reference thereto, subsection (24) of section 984.03, Florida

423 Statutes, is reenacted to read:

424 984.03 Definitions.—When used in this chapter, the term:

425 (24) "Neglect" has the same meaning as in s. 39.01(53).

426 Section 12. For the purpose of incorporating the amendment

427 made by this act to section 39.01, Florida Statutes, in a

428 reference thereto, paragraph (c) of subsection (4) of section

429 985.155, Florida Statutes, is reenacted to read:

430 985.155 Neighborhood restorative justice.—

431 (4) DEFERRED PROSECUTION PROGRAM; PROCEDURES.—

432 (c) The board shall require the parent or legal guardian

433 of the juvenile who is referred to a Neighborhood Restorative

434 Justice Center to appear with the juvenile before the board at

435 the time set by the board. In scheduling board meetings, the

436 board shall be cognizant of a parent's or legal guardian's other

437 obligations. The failure of a parent or legal guardian to appear

438 at the scheduled board meeting with his or her child or ward may

439 be considered by the juvenile court as an act of child neglect

440 as defined by s. 39.01, and the board may refer the matter to

441 the Department of Children and Families for investigation under

442 the provisions of chapter 39.

443 Section 13. For the purpose of incorporating the amendment

444 made by this act to section 39.01, Florida Statutes, in a

445 reference thereto, paragraph (c) of subsection (8) of section

446 1001.42, Florida Statutes, is reenacted to read:

447 1001.42 Powers and duties of district school board.—The

448 district school board, acting as a board, shall exercise all

449 powers and perform all duties listed below:

450 (8) STUDENT WELFARE.—

451 (c)1. In accordance with the rights of parents enumerated

452 in ss. 1002.20 and 1014.04, adopt procedures for notifying a

453 student's parent if there is a change in the student's services

454 or monitoring related to the student's mental, emotional, or

455 physical health or well-being and the school's ability to

456 provide a safe and supportive learning environment for the

457 student. The procedures must reinforce the fundamental right of

458 parents to make decisions regarding the upbringing and control

459 of their children by requiring school district personnel to

460 encourage a student to discuss issues relating to his or her

461 well-being with his or her parent or to facilitate discussion of

462 the issue with the parent. The procedures may not prohibit

463 parents from accessing any of their student's education and

464 health records created, maintained, or used by the school

465 district, as required by s. 1002.22(2).

466 2. A school district may not adopt procedures or student

467 support forms that prohibit school district personnel from

468 notifying a parent about his or her student's mental, emotional,

469 or physical health or well-being, or a change in related

470 services or monitoring, or that encourage or have the effect of

471 encouraging a student to withhold from a parent such

472 information. School district personnel may not discourage or

473 prohibit parental notification of and involvement in critical

474 decisions affecting a student's mental, emotional, or physical

475 health or well-being. This subparagraph does not prohibit a

476 school district from adopting procedures that permit school

477 personnel to withhold such information from a parent if a

478 reasonably prudent person would believe that disclosure would

479 result in abuse, abandonment, or neglect, as those terms are

480 defined in s. 39.01.

481 3. Classroom instruction by school personnel or third

482 parties on sexual orientation or gender identity may not occur

483 in prekindergarten through grade 8, except when required by ss.

484 1003.42(2)(o)3. and 1003.46. If such instruction is provided in

485 grades 9 through 12, the instruction must be age-appropriate or

486 developmentally appropriate for students in accordance with

487 state standards. This subparagraph applies to charter schools.

488 4. Student support services training developed or provided

489 by a school district to school district personnel must adhere to

490 student services guidelines, standards, and frameworks

491 established by the Department of Education.

492 5. At the beginning of the school year, each school

493 district shall notify parents of each health care service

494 offered at their student's school and the option to withhold

495 consent or decline any specific service in accordance with s.

496 1014.06. Parental consent to a health care service does not

497 waive the parent's right to access his or her student's

498 educational or health records or to be notified about a change

499 in his or her student's services or monitoring as provided by

500 this paragraph.

501 6. Before administering a student well-being questionnaire

502 or health screening form to a student in kindergarten through

503 grade 3, the school district must provide the questionnaire or

504 health screening form to the parent and obtain the permission of

505 the parent.

506 7. Each school district shall adopt procedures for a

507 parent to notify the principal, or his or her designee,

508 regarding concerns under this paragraph at his or her student's

509 school and the process for resolving those concerns within 7

510 calendar days after notification by the parent.

511 a. At a minimum, the procedures must require that within

512 30 days after notification by the parent that the concern

513 remains unresolved, the school district must either resolve the

514 concern or provide a statement of the reasons for not resolving

515 the concern.

516 b. If a concern is not resolved by the school district, a

517 parent may:

518 (I) Request the Commissioner of Education to appoint a

519 special magistrate who is a member of The Florida Bar in good

520 standing and who has at least 5 years' experience in

521 administrative law. The special magistrate shall determine facts

522 relating to the dispute over the school district procedure or

523 practice, consider information provided by the school district,

524 and render a recommended decision for resolution to the State

525 Board of Education within 30 days after receipt of the request

526 by the parent. The State Board of Education must approve or

527 reject the recommended decision at its next regularly scheduled

528 meeting that is more than 7 calendar days and no more than 30

529 days after the date the recommended decision is transmitted. The

530 costs of the special magistrate shall be borne by the school

531 district. The State Board of Education shall adopt rules,

532 including forms, necessary to implement this subparagraph.

533 (II) Bring an action against the school district to obtain

534 a declaratory judgment that the school district procedure or

535 practice violates this paragraph and seek injunctive relief. A

536 court may award damages and shall award reasonable attorney fees

537 and court costs to a parent who receives declaratory or

538 injunctive relief.

539 c. Each school district shall adopt and post on its

540 website policies to notify parents of the procedures required

541 under this subparagraph.

542 d. Nothing contained in this subparagraph shall be

543 construed to abridge or alter rights of action or remedies in

544 equity already existing under the common law or general law.

545 Section 14. This act shall take effect July 1, 2026.