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A bill to be entitled 1
An act relating to the rights of children; creating 2
part IV of ch. 391, F.S., entitled "Children's Bill of 3
Rights Act"; creating s. 391.311, F.S.; providing 4
definitions; creating s. 391.312, F.S.; providing for 5
the rights of children; creating s. 391.313, F.S.; 6
providing for the protection of such rights; amending 7
s. 402.56, F.S.; revising the name of the children's 8
commission; revising provisions relating to the 9
membership and duties of the commission; providing for 10
staff appointments, information gathering, and 11
rulemaking authority; amending s. 402.57, F.S.; 12
conforming a provision to changes made by the act; 13
providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Part IV of chapter 391, Florida Statutes, 18
consisting of ss. 391.311, 391.312, and 391.313, Florida 19
Statutes, is created and entitled "Children's Bill of Rights 20
Act." 21
Section 2. Section 391.311, F lorida Statutes, is created 22
to read: 23
391.311 Definitions. —As used in this part, the term: 24
(1) "Child" or "youth" has the same meaning as in s. 25
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39.01. 26
(2) "Parent" has the same meaning as in s. 1014.02(2). 27
(3) "Vulnerable youth" means any person und er 18 years of 28
age whose everyday life has been or may be characterized by 29
violence, sexual abuse, negligence, substance abuse, crime, 30
psychiatric or mental disorders, a lack of interest in school, 31
or a lack of positive adult relationships. 32
Section 3. Section 391.312, Florida Statutes, is created 33
to read: 34
391.312 Rights of children. — 35
(1)(a) A child has the right, with guidance and 36
supervision from the parent or parents, to: 37
1. Seek, receive, and impart information and ideas of any 38
kind orally, in writing or in print, in the form of art, or 39
through any other medium of the child's choice. 40
2. Freedom of thought, conscience, and religion and to 41
exercise these rights orally, in writing or in print, in the 42
form of art, or through any other medium of the child's choice. 43
(b) The state or governmental agencies that provide 44
services for children, youth, and their families shall respect 45
the rights and duties of the parents to provide direction to the 46
child in the exercise of his or her rights in a manner 47
consistent with the evolving capacities and needs of the child. 48
(c) Any restrictions imposed upon the exercise of the 49
child's rights may only be by law and as necessary for the 50
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respect of the rights or reputations of others or for the 51
protection of public order. 52
(2)(a) A child may not be subjected to arbitrary, 53
capricious, or unlawful interference or attacks on his or her 54
privacy, family, home, correspondence with one or both parents, 55
or honor and reputation. 56
(b) A child has the right to the protection of the law 57
against such interference or attacks. 58
(3) A child has the explicit and inalienable right to an 59
education and the state shall enact measures to achieve this 60
right based on equal opportunity. 61
(4) In areas of the state where linguist ic minority groups 62
or indigenous populations exist, a child belonging to such a 63
minority group or indigenous population may not be denied the 64
right, in community with other members of his or her group, to 65
enjoy his or her own culture and to use his or her own language. 66
Section 4. Section 391.313, Florida Statutes, is created 67
to read: 68
391.313 Protection of children's rights. — 69
(1) The state or other governmental agencies that provide 70
services for children, youth, and their families may not 71
deliberately infringe upon the rights of any child as provided 72
in this part. 73
(2) The state or other governmental agencies that provide 74
services for children, youth, and their families shall ensure 75
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that: 76
(a) The rights of children are respected without regard to 77
the child's or his or her parent's race, color, sex, national or 78
ethnic origin, immigration status, language, religion, political 79
opinion or affiliation, property, or disability. 80
(b) In all actions concerning children undertaken by 81
public social welfare institutions, courts of law, executive 82
agencies, or the Legislature, the best interests of the child 83
shall be a primary consideration. 84
(c) In all actions concerning children undertaken by 85
public social welfare institutions, courts of law, executive 86
agencies or the Legislature, the child is provided protection 87
and care as is necessary for his or her wellbeing, taking into 88
account the rights and duties of his or her parents, and take 89
all appropriate legislative and administrative measures 90
consistent with chapter 1014. 91
(d) Every natural-born child who is a resident in the 92
state has the inherent right to a safe environment. 93
(e)1. A child may not be separated from his or her parents 94
against his or her parent's will, except in certain cases when a 95
court of law or the Department of Children and Families 96
determines, in accordance with applicable laws and 97
administrative rules, that such separation is necessary for the 98
best interests of the child. 99
2. In any proceeding pursuant to subparagraph 1., all 100
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interested parties shall be given an opportunity to participate 101
in the proceedings and make his or her views known unless such 102
participation is not in accordance with due process procedures. 103
3. The state or other governmental agencies that provide 104
services for children, youth, and their families shall respect 105
the right of the child who is separated from one or both parents 106
to maintain personal relations and direct contact with both 107
parents on a regular basis, unless it is contrary to the child's 108
best interests or if such contact is disallowed by any 109
applicable law or administrative rule. 110
4. If separation is a result of any action initiated by 111
the state, such as the detention, imprisonment, exile, or death, 112
including death arising from any cause while the person is in 113
the custody of the state except for the execution of a sentence 114
of death, of one or both parents or of the child, the state 115
shall, upon request, provide the child or, when applicable, 116
another member of the family, with the essential information 117
concerning the whereabouts of the absent parent unless the 118
information would be detrimental to the wellbeing of the child. 119
The state shall further ensure that the submission of such a 120
request may not entail any adverse consequences for any person 121
concerned. 122
(f)1. A mentally or physically disabled child may enjoy a 123
full and decent life, in conditions which provide dignity, 124
promote self-reliance, and facilitate the child's active 125
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participation in the community. 126
2. The state or other governmental agencies that provide 127
services for children, youth, and their families shall recognize 128
the right of the mentally or physically disabled child to 129
special care and shall encourage and ensure assistance, subject 130
to available resources, to the eligible child and his or her 131
parents for which application is made and which is appropriate 132
to the needs of the child and the circumstances of the parents. 133
3. Any assistance extended by the state to a child in 134
accordance with subparagraph 1. shall be provided, whenever 135
possible, while taking into account the financial resources of 136
the parents, and shall be designed to provide the child with 137
effective access to education, training, health care services, 138
rehabilitation services, preparation for employment, and 139
recreation opportunities in a manner conducive to the child 140
achieving the fullest possible social integration and individual 141
development. 142
(3) The state or other governmental agencies that provide 143
services for children, youth, and their families shall respect: 144
(a) The responsibilities, rights, and duties of the 145
parents to provide, in a manner consistent with the evolving 146
needs of the child, appropriate direction and guidance in the 147
exercise of the rights provided in this part. 148
(b)1. The right of the child to preserve his or h er 149
identity, including nationality, name, and family relations as 150
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recognized by law without interference. 151
2. If a child is deprived of some or all the elements of 152
his or her identity, the state shall provide appropriate 153
assistance and protection, with a view to reestablishing his or 154
her identity in a timely manner. 155
(4) The state shall take all appropriate legislative, 156
administrative, social, and educational measures to protect the 157
child from all forms of physical or mental violence, injury or 158
abuse, neglect or negligent treatment, exploitation, including 159
sexual abuse, while in the care of parent or parents, the state, 160
legal guardians, or any other caregiver. 161
Section 5. Section 402.56, Florida Statutes, is amended to 162
read: 163
402.56 Children's commission cabinet; organization; 164
responsibilities; annual report. — 165
(1) SHORT TITLE.—This act may be cited as the "Status of 166
Children and Youth Act." "Children and Youth Cabinet Act." 167
(2) LEGISLATIVE FINDINGS AND INTENT. — 168
(a) The Legislature finds that all state agencies and 169
programs that touch the lives of children and youth must work in 170
a coordinated and comprehensive fashion, with an emphasis on 171
providing a continuum of services that benefit children from 172
prenatal care through programs supporting successful transition 173
to self-sufficient adulthood. The Legislature further finds that 174
creating a Commission on the Status of Children and Youth 175
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Cabinet is the best method by which the state might achieve the 176
visions and plans necessary to ensure that this state is the 177
safest place in the world to be a child. first place families 178
think of when asked, "Where do you want to raise a child?" 179
(b) The Legislature, in collaboration with the Governor, 180
intends to develop and implement a shared vision among the 181
branches of government in order to improve child and family 182
outcomes in this state. By working collaboratively, the 183
Legislature intends to invest in the education and skills of our 184
children and youth, develop a cohesive vision and plan that 185
ensures a long-term commitment to children and youth issues, 186
align public resources serving children and youth to support 187
their healthy growth and development, and promote increased 188
efficiency and improved service delivery by all governmental 189
agencies that provide services for children, youth, and their 190
families. 191
(3) ORGANIZATION.—There is created the Commission on the 192
Status of Children and Youth Cabinet, which is a coordinating 193
council as defined in s. 20.03. 194
(a) The commission cabinet shall ensure that the public 195
policy of this state relating to children and youth is developed 196
to promote interdepartmental collaboration and program 197
implementation in order that services designed for children and 198
youth are planned, managed, and delivered in a h olistic and 199
integrated manner to improve the children's self -sufficiency, 200
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safety, economic stability, health, and quality of life. 201
(b) The cabinet is created in the Executive Office of the 202
Governor, which shall provide administrative support and service 203
to the cabinet. 204
(b)(c) The commission cabinet shall meet at least four 205
times each year, upon the call of the chairperson or two other 206
officers but no more than six times each year, in different 207
regions of the state in order to solicit input from the publ ic 208
and any other individual offering testimony relevant to the 209
issues considered. Each meeting must include a public comment 210
session and shall be noticed pursuant to s. 120.525 . 211
(4)(a) MEMBERS.— The commission shall consist of 21 212
members. The President o f the Senate, the Speaker of the House 213
of Representatives, the Secretary of the Department of Children 214
and Families, and the Commissioner of Education shall each 215
appoint three members, the Secretary of Juvenile Justice and the 216
Secretary of Health Care Admi nistration shall each appoint two 217
members, and the Governor shall appoint five members for a term 218
of 4 years each. The members appointed by the Governor shall 219
include representatives of children and youth advocacy 220
organizations who are not service provider s. A member may not 221
serve more than two consecutive terms on the commission. A 222
vacancy shall be filled for the remainder of the unexpired term 223
in the same manner as the original appointment. 224
(b) Members appointed by the Speaker of the House 225
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Representatives and the President of the Senate shall have at 226
least one of their appointees recommended with consultation of 227
the minority leaders of the House of Representatives and the 228
Senate. 229
(c) Biennially, at the first meeting in the first quarter, 230
a chairperson and a vice chairperson shall be elected by the 231
members and each officer shall serve until a successor is 232
elected and qualified. An officer may not serve more than two 233
consecutive terms in the same office. 234
(d) The commission may resolve itself into commit tees to 235
handle various areas of commission business between general 236
meetings of the commission. The cabinet shall consist of 16 237
members including the Governor and the following persons: 238
(a)1. The Secretary of Children and Families; 239
2. The Secretary of Juvenile Justice; 240
3. The director of the Agency for Persons with 241
Disabilities; 242
4. A representative from the Division of Early Learning; 243
5. The State Surgeon General; 244
6. The Secretary of Health Care Administration; 245
7. The Commissioner of Education ; 246
8. The director of the Statewide Guardian Ad Litem Office; 247
9. A representative of the Office of Adoption and Child 248
Protection; 249
10. A superintendent of schools, appointed by the 250
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Governor; and 251
11. Five members who represent children and youth advoc acy 252
organizations and who are not service providers, appointed by 253
the Governor. 254
(b) The President of the Senate, the Speaker of the House 255
of Representatives, the Chief Justice of the Supreme Court, the 256
Attorney General, and the Chief Financial Officer, o r their 257
appointed designees, shall serve as ex officio members of the 258
cabinet. 259
(c) The Governor or the Governor's designee shall serve as 260
the chair of the cabinet. 261
(d) Nongovernmental members of the cabinet shall serve 262
without compensation, but are ent itled to receive per diem and 263
travel expenses in accordance with s. 112.061 while in 264
performance of their duties. 265
(5) DUTIES AND RESPONSIBILITIES. —The Commission on the 266
Status of Children and Youth Cabinet shall: 267
(a) Develop and implement a shared and cohesive vision 268
using integrated services to improve child, youth, and family 269
outcomes in this state. 270
(b) Develop a strategic plan to achieve the goals of the 271
shared and cohesive vision. The plan shall be centered upon a 272
long-term commitment to children and youth issues and align all 273
public resources to serve children and youth and their families 274
in a manner that supports the healthy growth and development of 275
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children. The plan shall prepare the children and youth to be 276
responsible citizens and productive members of the workforce. 277
The plan shall include a continuum of services that will benefit 278
children from prenatal care through services for youth in 279
transition to adulthood. 280
(c) Develop and implement measurable outcomes for each 281
state department, agency , and program that are consistent with 282
the strategic plan. The commission cabinet shall establish a 283
baseline measurement for each outcome and regularly report on 284
the progress made toward achieving the desired outcome. 285
(d) Design and implement actions tha t will promote 286
collaboration, creativity, increased efficiency, information 287
sharing, and improved service delivery between and within state 288
governmental organizations that provide services for children 289
and youth and their families. In particular, the effor ts shall 290
include the long-range planning process mandated by s. 216.013. 291
(e) Foster public awareness of children and youth issues 292
and develop new partners in the effort to serve children and 293
youth. 294
(f) Create a children and youth impact statement for 295
evaluating proposed legislation, requested appropriations, and 296
programs. The impact statement shall be shared with the 297
Legislature in their deliberative process. 298
(g) Identify existing and potential funding streams and 299
resources for children's services, i ncluding, but not limited 300
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to, public funding, foundation and organization grants, and 301
other forms of private funding opportunities, including public -302
private partnerships. 303
(h) Develop a children -and-youth-based budget structure 304
and nomenclature that inclu des all relevant departments, funding 305
streams, and programs. The budget shall facilitate improved 306
coordination and efficiency, explore options for and allow 307
maximization of federal financial participation, and implement 308
the state's vision and strategic pla n. 309
(i) Study and evaluate the following: 310
1. Access, availability, duplication, barriers, and 311
funding of services for vulnerable youth. 312
2. Communication and cooperation by agencies concerning 313
vulnerable youth. 314
3. Implementation of programs or laws c oncerning 315
vulnerable youth, acting as general consultants to the 316
Legislature on children's affairs. 317
4. The consolidation of existing entities that serve 318
vulnerable youth and proposing such suggestions to the 319
Legislature. 320
5. Data from state agencies relevant to evaluating 321
progress, targeting efforts, and demonstrating outcomes; 322
6. Crimes of sexual violence against children. 323
7. The impact of social networking web sites, cellular 324
telephones and wireless communications devices, digital media, 325
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and new technology on crimes against children. 326
(j) Review and make recommendations to the Legislature 327
concerning pending legislation that may affect children. 328
(k) Promote information sharing concerning vulnerable 329
youth across the state including best practice s, policies, and 330
programs. 331
(6) VOTING.—The affirmative votes of a majority of the 332
members appointed to the commission are required for the 333
commission to take action on any measure, including the adoption 334
of final reports and the appointment of an executi ve director. 335
(i) Engage in other activities that will implement 336
improved collaboration of agencies in order to create, manage, 337
and promote coordinated policies, programs, and service delivery 338
systems that support children and youth . 339
(7)(6) ADVISORY BOARD.—The Governor may appoint an 340
advisory board consisting of no more than six persons to assist 341
the commission cabinet in its tasks. The board shall include 342
persons who can provide to the commission cabinet the best 343
available technical and professional re search and assistance. If 344
an advisory board is created, it shall include representatives 345
of children and youth advocacy organizations and youth, wherever 346
practicable, who have been recipients of services and programs 347
operated or funded by state agencies. 348
(8)(7) ANNUAL REPORT.—The Commission on the Status of 349
Children and Youth Cabinet shall, by February 1 of each year, 350
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provide an annual report to the Governor, the President of the 351
Senate, the Speaker of the House of Representatives, and the 352
public concerning its activities and progress towards making 353
this state the first place families think of when asked, "Is 354
Florida the safest place in the world to be a child?" "Where do 355
they want to raise their children?" The annual report may 356
include recommendations for needed legislation or rulemaking 357
authority. 358
(9) STAFF APPOINTMENTS. —The commission may appoint an 359
individual to serve as executive director of the commission 360
pursuant to subsection (6). The executive director shall perform 361
the duties assigned by the com mission. The Department of 362
Management Services shall provide support staff for the 363
commission and the executive director of the commission. 364
(10) INFORMATION GATHERING. —The commission may request 365
information or a presentation and review outcome data from any 366
governmental agency that provides services for children, youth, 367
and their families or receive information or a presentation from 368
experts concerning vulnerable youth. 369
(11) RULEMAKING AUTHORITY. —The commission may adopt any 370
necessary rules to implement this section. 371
Section 6. Subsection (1) of section 402.57, Florida 372
Statutes, is amended to read: 373
402.57 Direct-support organization. — 374
(1) The Department of Children and Families shall 375
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establish a direct-support organization to assist the Commission 376
on the Status of Children and Youth Cabinet established in s. 377
402.56 in carrying out its purposes and responsibilities, 378
primarily regarding fostering public awareness of children and 379
youth issues and developing new partners in the effort to serve 380
children and youth by raising money; submitting requests for and 381
receiving grants from the Federal Government, the state or its 382
political subdivisions, private foundations, and individuals; 383
and making expenditures to or for the benefit of the commission 384
cabinet. The sole purpose for the direct -support organization is 385
to support the commission cabinet. The direct-support 386
organization must be: 387
(a) Incorporated under chapter 617 and approved by the 388
Department of State as a Florida corporation not for profit. 389
(b) Organized and operated to make expenditures to or for 390
the benefit of the commission cabinet. 391
(c) Approved by the department to be operating for the 392
benefit of and in a manner consistent with the goals of the 393
commission cabinet and in the best interest of the state. 394
Section 7. This act shall take effect July 1, 2023. 395