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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
A bill to be entitled 1
An act relating to parental rights; amending s. 2
384.30, F.S.; requiring parental consent for a minor's 3
treatment for certain diseases; amending s. 1014.04, 4
F.S.; revising exceptions for certain parental rights; 5
creating the parental right to review and consent to a 6
survey or questionnaire provided to a parent's minor 7
child; creating the parental right to grant permission 8
for the results or responses of such survey or 9
questionnaire to be shared or distributed; amending s. 10
1014.06, F.S.; revising exceptions for specified 11
requirements of parental consent; prohibiting the use 12
of a biofeedback device on a minor child without 13
written permission from the minor child's par ent or 14
guardian; defining the term "biofeedback device"; 15
requiring the results of the use of such device be 16
provided to a parent or guardian; requiring that such 17
results be held as a confidential medical record; 18
reenacting ss. 408.813(3)(f) and 456.072(1)( rr), F.S., 19
relating to administrative fines and grounds for 20
discipline, respectively, to incorporate the amendment 21
made to s. 1014.06, F.S., in references thereto; 22
providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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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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Section 1. Section 384.30, Florida Statutes, is amended to 27
read: 28
384.30 Minors' consent to treatment. — 29
(1) The department and its authorized representatives, 30
each physician licensed to practice medicine under the 31
provisions of chapter 458 or chapt er 459, each health care 32
professional licensed under the provisions of part I of chapter 33
464 who is acting pursuant to the scope of his or her license, 34
and each public or private hospital, clinic, or other health 35
facility may examine and provide treatment for sexually 36
transmissible diseases to any minor, if the physician, health 37
care professional, or facility is qualified to provide such 38
examination and treatment. The consent of a parent the parents 39
or guardian guardians of a minor is not a prerequisite for an 40
examination; however, the consent of a parent or guardian is 41
required for or treatment. 42
(2) The fact of consultation, examination, and treatment 43
of a minor for a sexually transmissible disease is confidential 44
and exempt from the provisions of s. 119. 07(1) and shall not be 45
divulged in any direct or indirect manner, such as sending a 46
bill for a consultation or examination services rendered to a 47
parent or guardian, except as provided in s. 384.29. 48
Section 2. Paragraphs (e), (f), and (h) of subsection (1) 49
of section 1014.04, Florida Statutes, are amended, and paragraph 50
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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
(k) is added to that subsection, to read: 51
1014.04 Parental rights. — 52
(1) All parental rights are reserved to the parent of a 53
minor child in this state without obstruction or interfere nce 54
from the state, any of its political subdivisions, any other 55
governmental entity, or any other institution, including, but 56
not limited to, all of the following rights of a parent of a 57
minor child in this state: 58
(e) The right to make health care decis ions for his or her 59
minor child, unless: 60
1. The parent is the subject of an investigation of a 61
crime committed against the minor child; 62
2. The minor child has been maintained in an out of home 63
placement by the Department of Children and Families and th e 64
department has a minor child examined for injury, illness, and 65
communicable diseases and to determine the need for 66
immunization; 67
3. The minor child is authorized by law to make the 68
specific health care decisions for himself or herself as 69
provided in ss. 743.01, 743.015, 743.06, 743.065, 743.066, and 70
743.067; 71
4. A parent cannot be located and another person is 72
authorized by law to make the health care decisions as provided 73
in s. 743.0645; or 74
5. Circumstances exist which satisfy the requirements of 75
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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
law for a parent's implied consent to medical care and treatment 76
of the minor child as provided in s. 383.50 otherwise prohibited 77
by law. 78
(f) The right to access and review all medical records of 79
his or her minor child, unless prohibited by law or if the 80
parent is the subject of an investigation of a crime committed 81
against the minor child and a law enforcement agency or official 82
requests that the information not be released. 83
(h) The right to consent in writing before any record of 84
his or her minor chil d's blood or deoxyribonucleic acid (DNA) is 85
created, stored, or shared, except as required by s. 943.325 or 86
s. 943.326 general law or authorized pursuant to a court order. 87
(k)1. The right to review and consent to any survey or 88
questionnaire given to his or her minor child. 89
2. The right to grant permission for the responses or 90
results of such survey or questionnaire to be shared or 91
distributed, upon receiving notice of the intended recipient, 92
the purpose of the survey or questionnaire, or the specified 93
information to be shared. 94
Section 3. Present subsections (3), (4), and (5) of 95
section 1014.06, Florida Statutes, are redesignated as 96
subsections (4), (5), and (6), respectively, a new subsection 97
(3) is added to that section, and subsections (1) and (2) of 98
that section are amended, to read: 99
1014.06 Parental consent for health care services. — 100
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(1) Except as otherwise provided for emergency medical 101
care under s. 743.064 or s. 1014.04(1)(e) or by court order law, 102
a health care practitioner, as defined in s. 456.001, or an 103
individual employed by such health care practitioner may not 104
provide or solicit or arrange to provide health care services or 105
prescribe medicinal drugs to a minor child without first 106
obtaining written parental consent. 107
(2) Except as otherwise provided for emergency medical 108
care under s. 743.064 or s. 1014.04(1)(e) by law or by a court 109
order, a provider, as defined in s. 408.803, may not allow a 110
medical procedure to be performed on a minor child in its 111
facility without first obtaining wri tten parental consent. 112
(3) The use of a biofeedback device is a health care 113
service for the purpose of this section. The use of such a 114
device on a minor child without first obtaining express written 115
permission from the minor child's parent or guardian is 116
prohibited. As used in this subsection, the term "biofeedback 117
device" means an instrument or a sensor used to measure bodily 118
functions, such as heart rate variability, brain waves, or 119
breathing rate, for the purpose of improving performance. If the 120
parent or guardian consents to the use of the device, all 121
results must be provided to the parent or guardian and must 122
otherwise be held as a confidential medical record. 123
Section 4. For the purpose of incorporating the amendment 124
made by this act to section 10 14.06, Florida Statutes, in a 125
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reference thereto, paragraph (f) of subsection (3) of section 126
408.813, Florida Statutes, is reenacted to read: 127
408.813 Administrative fines; violations. —As a penalty for 128
any violation of this part, authorizing statutes, or a pplicable 129
rules, the agency may impose an administrative fine. 130
(3) The agency may impose an administrative fine for a 131
violation that is not designated as a class I, class II, class 132
III, or class IV violation. Unless otherwise specified by law, 133
the amount of the fine may not exceed $500 for each violation. 134
Unclassified violations include: 135
(f) Violating the parental consent requirements of s. 136
1014.06. 137
Section 5. For the purpose of incorporating the amendment 138
made by this act to section 1014.06, Florid a Statutes, in a 139
reference thereto, paragraph (rr) of subsection (1) of section 140
456.072, Florida Statutes, is reenacted to read: 141
456.072 Grounds for discipline; penalties; enforcement. — 142
(1) The following acts shall constitute grounds for which 143
the disciplinary actions specified in subsection (2) may be 144
taken: 145
(rr) Failure to comply with the parental consent 146
requirements of s. 1014.06. 147
Section 6. This act shall take effect July 1, 2025. 148