Florida 2023 Regular Session

Florida House Bill H0217 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 217 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to the rights of children; creating 2
16	16	part IV of ch. 391, F.S., entitled "Children's Bill of 3
17	17	Rights Act"; creating s. 391.311, F.S.; providing 4
18	18	definitions; creating s. 391.312, F.S.; providing for 5
19	19	the rights of children; creating s. 391.313, F.S.; 6
20	20	providing for the protection of such rights; amending 7
21	21	s. 402.56, F.S.; revising the name of the children's 8
22	22	commission; revising provisions relating to the 9
23	23	membership and duties of the commission; providing for 10
24	24	staff appointments, information gathering, and 11
25	25	rulemaking authority; amending s. 402.57, F.S.; 12
26	26	conforming a provision to changes made by the act; 13
27	27	providing an effective date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Part IV of chapter 391, Florida Statutes, 18
32	32	consisting of ss. 391.311, 391.312, and 391.313, Florida 19
33	33	Statutes, is created and entitled "Children's Bill of Rights 20
34	34	Act." 21
35	35	Section 2. Section 391.311, F lorida Statutes, is created 22
36	36	to read: 23
37	37	391.311 Definitions. —As used in this part, the term: 24
38	38	(1) "Child" or "youth" has the same meaning as in s. 25
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45	45	hb0217-00
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47	47	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
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49	49
50	50
51	51	39.01. 26
52	52	(2) "Parent" has the same meaning as in s. 1014.02(2). 27
53	53	(3) "Vulnerable youth" means any person und er 18 years of 28
54	54	age whose everyday life has been or may be characterized by 29
55	55	violence, sexual abuse, negligence, substance abuse, crime, 30
56	56	psychiatric or mental disorders, a lack of interest in school, 31
57	57	or a lack of positive adult relationships. 32
58	58	Section 3. Section 391.312, Florida Statutes, is created 33
59	59	to read: 34
60	60	391.312 Rights of children. — 35
61	61	(1)(a) A child has the right, with guidance and 36
62	62	supervision from the parent or parents, to: 37
63	63	1. Seek, receive, and impart information and ideas of any 38
64	64	kind orally, in writing or in print, in the form of art, or 39
65	65	through any other medium of the child's choice. 40
66	66	2. Freedom of thought, conscience, and religion and to 41
67	67	exercise these rights orally, in writing or in print, in the 42
68	68	form of art, or through any other medium of the child's choice. 43
69	69	(b) The state or governmental agencies that provide 44
70	70	services for children, youth, and their families shall respect 45
71	71	the rights and duties of the parents to provide direction to the 46
72	72	child in the exercise of his or her rights in a manner 47
73	73	consistent with the evolving capacities and needs of the child. 48
74	74	(c) Any restrictions imposed upon the exercise of the 49
75	75	child's rights may only be by law and as necessary for the 50
76	76
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84	84	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
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86	86
87	87
88	88	respect of the rights or reputations of others or for the 51
89	89	protection of public order. 52
90	90	(2)(a) A child may not be subjected to arbitrary, 53
91	91	capricious, or unlawful interference or attacks on his or her 54
92	92	privacy, family, home, correspondence with one or both parents, 55
93	93	or honor and reputation. 56
94	94	(b) A child has the right to the protection of the law 57
95	95	against such interference or attacks. 58
96	96	(3) A child has the explicit and inalienable right to an 59
97	97	education and the state shall enact measures to achieve this 60
98	98	right based on equal opportunity. 61
99	99	(4) In areas of the state where linguist ic minority groups 62
100	100	or indigenous populations exist, a child belonging to such a 63
101	101	minority group or indigenous population may not be denied the 64
102	102	right, in community with other members of his or her group, to 65
103	103	enjoy his or her own culture and to use his or her own language. 66
104	104	Section 4. Section 391.313, Florida Statutes, is created 67
105	105	to read: 68
106	106	391.313 Protection of children's rights. — 69
107	107	(1) The state or other governmental agencies that provide 70
108	108	services for children, youth, and their families may not 71
109	109	deliberately infringe upon the rights of any child as provided 72
110	110	in this part. 73
111	111	(2) The state or other governmental agencies that provide 74
112	112	services for children, youth, and their families shall ensure 75
113	113
114	114	HB 217 2023
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121	121	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
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123	123
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125	125	that: 76
126	126	(a) The rights of children are respected without regard to 77
127	127	the child's or his or her parent's race, color, sex, national or 78
128	128	ethnic origin, immigration status, language, religion, political 79
129	129	opinion or affiliation, property, or disability. 80
130	130	(b) In all actions concerning children undertaken by 81
131	131	public social welfare institutions, courts of law, executive 82
132	132	agencies, or the Legislature, the best interests of the child 83
133	133	shall be a primary consideration. 84
134	134	(c) In all actions concerning children undertaken by 85
135	135	public social welfare institutions, courts of law, executive 86
136	136	agencies or the Legislature, the child is provided protection 87
137	137	and care as is necessary for his or her wellbeing, taking into 88
138	138	account the rights and duties of his or her parents, and take 89
139	139	all appropriate legislative and administrative measures 90
140	140	consistent with chapter 1014. 91
141	141	(d) Every natural-born child who is a resident in the 92
142	142	state has the inherent right to a safe environment. 93
143	143	(e)1. A child may not be separated from his or her parents 94
144	144	against his or her parent's will, except in certain cases when a 95
145	145	court of law or the Department of Children and Families 96
146	146	determines, in accordance with applicable laws and 97
147	147	administrative rules, that such separation is necessary for the 98
148	148	best interests of the child. 99
149	149	2. In any proceeding pursuant to subparagraph 1., all 100
150	150
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158	158	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
159	159
160	160
161	161
162	162	interested parties shall be given an opportunity to participate 101
163	163	in the proceedings and make his or her views known unless such 102
164	164	participation is not in accordance with due process procedures. 103
165	165	3. The state or other governmental agencies that provide 104
166	166	services for children, youth, and their families shall respect 105
167	167	the right of the child who is separated from one or both parents 106
168	168	to maintain personal relations and direct contact with both 107
169	169	parents on a regular basis, unless it is contrary to the child's 108
170	170	best interests or if such contact is disallowed by any 109
171	171	applicable law or administrative rule. 110
172	172	4. If separation is a result of any action initiated by 111
173	173	the state, such as the detention, imprisonment, exile, or death, 112
174	174	including death arising from any cause while the person is in 113
175	175	the custody of the state except for the execution of a sentence 114
176	176	of death, of one or both parents or of the child, the state 115
177	177	shall, upon request, provide the child or, when applicable, 116
178	178	another member of the family, with the essential information 117
179	179	concerning the whereabouts of the absent parent unless the 118
180	180	information would be detrimental to the wellbeing of the child. 119
181	181	The state shall further ensure that the submission of such a 120
182	182	request may not entail any adverse consequences for any person 121
183	183	concerned. 122
184	184	(f)1. A mentally or physically disabled child may enjoy a 123
185	185	full and decent life, in conditions which provide dignity, 124
186	186	promote self-reliance, and facilitate the child's active 125
187	187
188	188	HB 217 2023
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195	195	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
196	196
197	197
198	198
199	199	participation in the community. 126
200	200	2. The state or other governmental agencies that provide 127
201	201	services for children, youth, and their families shall recognize 128
202	202	the right of the mentally or physically disabled child to 129
203	203	special care and shall encourage and ensure assistance, subject 130
204	204	to available resources, to the eligible child and his or her 131
205	205	parents for which application is made and which is appropriate 132
206	206	to the needs of the child and the circumstances of the parents. 133
207	207	3. Any assistance extended by the state to a child in 134
208	208	accordance with subparagraph 1. shall be provided, whenever 135
209	209	possible, while taking into account the financial resources of 136
210	210	the parents, and shall be designed to provide the child with 137
211	211	effective access to education, training, health care services, 138
212	212	rehabilitation services, preparation for employment, and 139
213	213	recreation opportunities in a manner conducive to the child 140
214	214	achieving the fullest possible social integration and individual 141
215	215	development. 142
216	216	(3) The state or other governmental agencies that provide 143
217	217	services for children, youth, and their families shall respect: 144
218	218	(a) The responsibilities, rights, and duties of the 145
219	219	parents to provide, in a manner consistent with the evolving 146
220	220	needs of the child, appropriate direction and guidance in the 147
221	221	exercise of the rights provided in this part. 148
222	222	(b)1. The right of the child to preserve his or h er 149
223	223	identity, including nationality, name, and family relations as 150
224	224
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232	232	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
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234	234
235	235
236	236	recognized by law without interference. 151
237	237	2. If a child is deprived of some or all the elements of 152
238	238	his or her identity, the state shall provide appropriate 153
239	239	assistance and protection, with a view to reestablishing his or 154
240	240	her identity in a timely manner. 155
241	241	(4) The state shall take all appropriate legislative, 156
242	242	administrative, social, and educational measures to protect the 157
243	243	child from all forms of physical or mental violence, injury or 158
244	244	abuse, neglect or negligent treatment, exploitation, including 159
245	245	sexual abuse, while in the care of parent or parents, the state, 160
246	246	legal guardians, or any other caregiver. 161
247	247	Section 5. Section 402.56, Florida Statutes, is amended to 162
248	248	read: 163
249	249	402.56 Children's commission cabinet; organization; 164
250	250	responsibilities; annual report. — 165
251	251	(1) SHORT TITLE.—This act may be cited as the "Status of 166
252	252	Children and Youth Act." "Children and Youth Cabinet Act." 167
253	253	(2) LEGISLATIVE FINDINGS AND INTENT. — 168
254	254	(a) The Legislature finds that all state agencies and 169
255	255	programs that touch the lives of children and youth must work in 170
256	256	a coordinated and comprehensive fashion, with an emphasis on 171
257	257	providing a continuum of services that benefit children from 172
258	258	prenatal care through programs supporting successful transition 173
259	259	to self-sufficient adulthood. The Legislature further finds that 174
260	260	creating a Commission on the Status of Children and Youth 175
261	261
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269	269	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
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271	271
272	272
273	273	Cabinet is the best method by which the state might achieve the 176
274	274	visions and plans necessary to ensure that this state is the 177
275	275	safest place in the world to be a child. first place families 178
276	276	think of when asked, "Where do you want to raise a child?" 179
277	277	(b) The Legislature, in collaboration with the Governor, 180
278	278	intends to develop and implement a shared vision among the 181
279	279	branches of government in order to improve child and family 182
280	280	outcomes in this state. By working collaboratively, the 183
281	281	Legislature intends to invest in the education and skills of our 184
282	282	children and youth, develop a cohesive vision and plan that 185
283	283	ensures a long-term commitment to children and youth issues, 186
284	284	align public resources serving children and youth to support 187
285	285	their healthy growth and development, and promote increased 188
286	286	efficiency and improved service delivery by all governmental 189
287	287	agencies that provide services for children, youth, and their 190
288	288	families. 191
289	289	(3) ORGANIZATION.—There is created the Commission on the 192
290	290	Status of Children and Youth Cabinet, which is a coordinating 193
291	291	council as defined in s. 20.03. 194
292	292	(a) The commission cabinet shall ensure that the public 195
293	293	policy of this state relating to children and youth is developed 196
294	294	to promote interdepartmental collaboration and program 197
295	295	implementation in order that services designed for children and 198
296	296	youth are planned, managed, and delivered in a h olistic and 199
297	297	integrated manner to improve the children's self -sufficiency, 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	safety, economic stability, health, and quality of life. 201
311	311	(b) The cabinet is created in the Executive Office of the 202
312	312	Governor, which shall provide administrative support and service 203
313	313	to the cabinet. 204
314	314	(b)(c) The commission cabinet shall meet at least four 205
315	315	times each year, upon the call of the chairperson or two other 206
316	316	officers but no more than six times each year, in different 207
317	317	regions of the state in order to solicit input from the publ ic 208
318	318	and any other individual offering testimony relevant to the 209
319	319	issues considered. Each meeting must include a public comment 210
320	320	session and shall be noticed pursuant to s. 120.525 . 211
321	321	(4)(a) MEMBERS.— The commission shall consist of 21 212
322	322	members. The President o f the Senate, the Speaker of the House 213
323	323	of Representatives, the Secretary of the Department of Children 214
324	324	and Families, and the Commissioner of Education shall each 215
325	325	appoint three members, the Secretary of Juvenile Justice and the 216
326	326	Secretary of Health Care Admi nistration shall each appoint two 217
327	327	members, and the Governor shall appoint five members for a term 218
328	328	of 4 years each. The members appointed by the Governor shall 219
329	329	include representatives of children and youth advocacy 220
330	330	organizations who are not service provider s. A member may not 221
331	331	serve more than two consecutive terms on the commission. A 222
332	332	vacancy shall be filled for the remainder of the unexpired term 223
333	333	in the same manner as the original appointment. 224
334	334	(b) Members appointed by the Speaker of the House 225
335	335
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343	343	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
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347	347	Representatives and the President of the Senate shall have at 226
348	348	least one of their appointees recommended with consultation of 227
349	349	the minority leaders of the House of Representatives and the 228
350	350	Senate. 229
351	351	(c) Biennially, at the first meeting in the first quarter, 230
352	352	a chairperson and a vice chairperson shall be elected by the 231
353	353	members and each officer shall serve until a successor is 232
354	354	elected and qualified. An officer may not serve more than two 233
355	355	consecutive terms in the same office. 234
356	356	(d) The commission may resolve itself into commit tees to 235
357	357	handle various areas of commission business between general 236
358	358	meetings of the commission. The cabinet shall consist of 16 237
359	359	members including the Governor and the following persons: 238
360	360	(a)1. The Secretary of Children and Families; 239
361	361	2. The Secretary of Juvenile Justice; 240
362	362	3. The director of the Agency for Persons with 241
363	363	Disabilities; 242
364	364	4. A representative from the Division of Early Learning; 243
365	365	5. The State Surgeon General; 244
366	366	6. The Secretary of Health Care Administration; 245
367	367	7. The Commissioner of Education ; 246
368	368	8. The director of the Statewide Guardian Ad Litem Office; 247
369	369	9. A representative of the Office of Adoption and Child 248
370	370	Protection; 249
371	371	10. A superintendent of schools, appointed by the 250
372	372
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380	380	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
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382	382
383	383
384	384	Governor; and 251
385	385	11. Five members who represent children and youth advoc acy 252
386	386	organizations and who are not service providers, appointed by 253
387	387	the Governor. 254
388	388	(b) The President of the Senate, the Speaker of the House 255
389	389	of Representatives, the Chief Justice of the Supreme Court, the 256
390	390	Attorney General, and the Chief Financial Officer, o r their 257
391	391	appointed designees, shall serve as ex officio members of the 258
392	392	cabinet. 259
393	393	(c) The Governor or the Governor's designee shall serve as 260
394	394	the chair of the cabinet. 261
395	395	(d) Nongovernmental members of the cabinet shall serve 262
396	396	without compensation, but are ent itled to receive per diem and 263
397	397	travel expenses in accordance with s. 112.061 while in 264
398	398	performance of their duties. 265
399	399	(5) DUTIES AND RESPONSIBILITIES. —The Commission on the 266
400	400	Status of Children and Youth Cabinet shall: 267
401	401	(a) Develop and implement a shared and cohesive vision 268
402	402	using integrated services to improve child, youth, and family 269
403	403	outcomes in this state. 270
404	404	(b) Develop a strategic plan to achieve the goals of the 271
405	405	shared and cohesive vision. The plan shall be centered upon a 272
406	406	long-term commitment to children and youth issues and align all 273
407	407	public resources to serve children and youth and their families 274
408	408	in a manner that supports the healthy growth and development of 275
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417	417	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
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421	421	children. The plan shall prepare the children and youth to be 276
422	422	responsible citizens and productive members of the workforce. 277
423	423	The plan shall include a continuum of services that will benefit 278
424	424	children from prenatal care through services for youth in 279
425	425	transition to adulthood. 280
426	426	(c) Develop and implement measurable outcomes for each 281
427	427	state department, agency , and program that are consistent with 282
428	428	the strategic plan. The commission cabinet shall establish a 283
429	429	baseline measurement for each outcome and regularly report on 284
430	430	the progress made toward achieving the desired outcome. 285
431	431	(d) Design and implement actions tha t will promote 286
432	432	collaboration, creativity, increased efficiency, information 287
433	433	sharing, and improved service delivery between and within state 288
434	434	governmental organizations that provide services for children 289
435	435	and youth and their families. In particular, the effor ts shall 290
436	436	include the long-range planning process mandated by s. 216.013. 291
437	437	(e) Foster public awareness of children and youth issues 292
438	438	and develop new partners in the effort to serve children and 293
439	439	youth. 294
440	440	(f) Create a children and youth impact statement for 295
441	441	evaluating proposed legislation, requested appropriations, and 296
442	442	programs. The impact statement shall be shared with the 297
443	443	Legislature in their deliberative process. 298
444	444	(g) Identify existing and potential funding streams and 299
445	445	resources for children's services, i ncluding, but not limited 300
446	446
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454	454	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
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456	456
457	457
458	458	to, public funding, foundation and organization grants, and 301
459	459	other forms of private funding opportunities, including public -302
460	460	private partnerships. 303
461	461	(h) Develop a children -and-youth-based budget structure 304
462	462	and nomenclature that inclu des all relevant departments, funding 305
463	463	streams, and programs. The budget shall facilitate improved 306
464	464	coordination and efficiency, explore options for and allow 307
465	465	maximization of federal financial participation, and implement 308
466	466	the state's vision and strategic pla n. 309
467	467	(i) Study and evaluate the following: 310
468	468	1. Access, availability, duplication, barriers, and 311
469	469	funding of services for vulnerable youth. 312
470	470	2. Communication and cooperation by agencies concerning 313
471	471	vulnerable youth. 314
472	472	3. Implementation of programs or laws c oncerning 315
473	473	vulnerable youth, acting as general consultants to the 316
474	474	Legislature on children's affairs. 317
475	475	4. The consolidation of existing entities that serve 318
476	476	vulnerable youth and proposing such suggestions to the 319
477	477	Legislature. 320
478	478	5. Data from state agencies relevant to evaluating 321
479	479	progress, targeting efforts, and demonstrating outcomes; 322
480	480	6. Crimes of sexual violence against children. 323
481	481	7. The impact of social networking web sites, cellular 324
482	482	telephones and wireless communications devices, digital media, 325
483	483
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491	491	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
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493	493
494	494
495	495	and new technology on crimes against children. 326
496	496	(j) Review and make recommendations to the Legislature 327
497	497	concerning pending legislation that may affect children. 328
498	498	(k) Promote information sharing concerning vulnerable 329
499	499	youth across the state including best practice s, policies, and 330
500	500	programs. 331
501	501	(6) VOTING.—The affirmative votes of a majority of the 332
502	502	members appointed to the commission are required for the 333
503	503	commission to take action on any measure, including the adoption 334
504	504	of final reports and the appointment of an executi ve director. 335
505	505	(i) Engage in other activities that will implement 336
506	506	improved collaboration of agencies in order to create, manage, 337
507	507	and promote coordinated policies, programs, and service delivery 338
508	508	systems that support children and youth . 339
509	509	(7)(6) ADVISORY BOARD.—The Governor may appoint an 340
510	510	advisory board consisting of no more than six persons to assist 341
511	511	the commission cabinet in its tasks. The board shall include 342
512	512	persons who can provide to the commission cabinet the best 343
513	513	available technical and professional re search and assistance. If 344
514	514	an advisory board is created, it shall include representatives 345
515	515	of children and youth advocacy organizations and youth, wherever 346
516	516	practicable, who have been recipients of services and programs 347
517	517	operated or funded by state agencies. 348
518	518	(8)(7) ANNUAL REPORT.—The Commission on the Status of 349
519	519	Children and Youth Cabinet shall, by February 1 of each year, 350
520	520
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528	528	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
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532	532	provide an annual report to the Governor, the President of the 351
533	533	Senate, the Speaker of the House of Representatives, and the 352
534	534	public concerning its activities and progress towards making 353
535	535	this state the first place families think of when asked, "Is 354
536	536	Florida the safest place in the world to be a child?" "Where do 355
537	537	they want to raise their children?" The annual report may 356
538	538	include recommendations for needed legislation or rulemaking 357
539	539	authority. 358
540	540	(9) STAFF APPOINTMENTS. —The commission may appoint an 359
541	541	individual to serve as executive director of the commission 360
542	542	pursuant to subsection (6). The executive director shall perform 361
543	543	the duties assigned by the com mission. The Department of 362
544	544	Management Services shall provide support staff for the 363
545	545	commission and the executive director of the commission. 364
546	546	(10) INFORMATION GATHERING. —The commission may request 365
547	547	information or a presentation and review outcome data from any 366
548	548	governmental agency that provides services for children, youth, 367
549	549	and their families or receive information or a presentation from 368
550	550	experts concerning vulnerable youth. 369
551	551	(11) RULEMAKING AUTHORITY. —The commission may adopt any 370
552	552	necessary rules to implement this section. 371
553	553	Section 6. Subsection (1) of section 402.57, Florida 372
554	554	Statutes, is amended to read: 373
555	555	402.57 Direct-support organization. — 374
556	556	(1) The Department of Children and Families shall 375
557	557
558	558	HB 217 2023
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0217-00
564	564	Page 16 of 16
565	565	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
566	566
567	567
568	568
569	569	establish a direct-support organization to assist the Commission 376
570	570	on the Status of Children and Youth Cabinet established in s. 377
571	571	402.56 in carrying out its purposes and responsibilities, 378
572	572	primarily regarding fostering public awareness of children and 379
573	573	youth issues and developing new partners in the effort to serve 380
574	574	children and youth by raising money; submitting requests for and 381
575	575	receiving grants from the Federal Government, the state or its 382
576	576	political subdivisions, private foundations, and individuals; 383
577	577	and making expenditures to or for the benefit of the commission 384
578	578	cabinet. The sole purpose for the direct -support organization is 385
579	579	to support the commission cabinet. The direct-support 386
580	580	organization must be: 387
581	581	(a) Incorporated under chapter 617 and approved by the 388
582	582	Department of State as a Florida corporation not for profit. 389
583	583	(b) Organized and operated to make expenditures to or for 390
584	584	the benefit of the commission cabinet. 391
585	585	(c) Approved by the department to be operating for the 392
586	586	benefit of and in a manner consistent with the goals of the 393
587	587	commission cabinet and in the best interest of the state. 394
588	588	Section 7. This act shall take effect July 1, 2023. 395