Parental Rights in Florida
Resolution Supporting the PRA
We did it! Thanks in part to your support, Florida adopted a resolution calling on Congress to pass the Parental Rights Amendment. In 2011, Rep. Coley and Sen. Flores introduced HM 557/SM 954. The memorial passed both houses by an overwhelming majority. (Learn more about state resolutions.)
Florida Parental Rights News
Past News Items:
2011 - We did it! Thanks in part to your support, Florida called on Congress to pass the Parental Rights Amendment. Rep. Coley and Sen. Flores introduced HM 557/SM 954, calling on Congress to pass the Parental Rights Amendment. The memorial passed both houses by an overwhelming majority.
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Florida State Law and Parental Rights
1014.03 Infringement of parental rights.—The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.
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Florida Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
N.B. v. Florida Department of Children and Families (Florida 3rd District Court of Appeal, 2016):
"When a statute impinges on a fundamental liberty interest, such as parenting ones child, we must analyze the constitutionality of the statute under a strict scrutiny standard. Fla. Dep’t of Children & Families v. F.L., , 607 (Fla. 2004) 'To withstand strict scrutiny, a law must be necessary to promote a compelling governmental interest and must be narrowly tailored to advance that interest.' State v. J.P., 907 So. 2d1101, 1109 (Fla. 2004)."
However, this precedent is subject to change.