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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
381.0051, F.S.; revising requirements for the 3
provision of maternal health and contraception 4
information services to minors; amending s. 384.30, 5
F.S.; requiring parental consent for a minor's 6
treatment for certain diseases; amending s. 394.459, 7
F.S.; conforming a provision to changes made by the 8
act; repealing s. 394.4784, F.S., relating to minors' 9
access to outpatient crisis intervention services and 10
treatment; amending s. 394.495, F.S.; requiring 11
consent from a parent or guardian for certain services 12
provided by a mobile response team; amending s. 13
397.431, F.S.; revising responsibility for the cost of 14
certain substance abuse services; amending s. 397.501, 15
F.S.; revising requirements for consent to disclosure 16
of individual records; amending s. 397.601, F.S.; 17
revising requirements for voluntary admission for 18
substance abuse impairment services; amending s. 19
1001.42, F.S.; requiring a school district to provide 20
a parent with specified information before the 21
district administers certain questionnaires or forms 22
to students; requiring a school district to give a 23
parent an opportunity to opt his or her student out of 24
such questionnaire or form; amending s. 1014.04, F.S.; 25
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revising exceptions for certain parental rights; 26
creating the parental right to review, inspect, and 27
consent to a specified survey or questionnaire before 28
the survey or questionnaire is provided to the 29
parent's minor child; creating the parental right to 30
know certain information about the survey or 31
questionnaire at the time consent is provided; 32
providing applicability; creating the parental right 33
to consent in writing to the use of a biofeedback 34
device on the parent's minor child; defining the term 35
"biofeedback device"; requiring that the results from 36
the use of such device be provided to a parent and be 37
held as a confidential medical record; amending s. 38
1014.06, F.S.; revising exceptions for specified 39
requirements of parental consent; reenacting ss. 40
408.813(3)(f) and 456.072(1)(rr), F.S., relating to 41
administrative fines and grounds for discipline, 42
respectively, to incorporate the amendment made to s. 43
1014.06, F.S., in references thereto; providing an 44
effective date. 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Paragraph (a) of subsection (4) of section 49
381.0051, Florida Statutes, is amended to read: 50
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381.0051 Family planning. — 51
(4) MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE 52
INFORMATION AND SERVICES. — 53
(a) Maternal health and contraceptive information and 54
services of a nonsurgical nature may be rendered to any minor by 55
persons licensed to practice medicine under the provisions of 56
chapter 458 or chapter 459, as well as by the Department of 57
Health through its family planning program, provided the minor: 58
1. Is married; 59
2. Is a parent; 60
3. Is pregnant; or 61
4. Has the consent of a parent or legal guardian ; or 62
5. May, in the opinion of the physician, suffer probable 63
health hazards if such services are not provided . 64
Section 2. Section 384.30, Florida Stat utes, is amended to 65
read: 66
384.30 Minors' consent to treatment. — 67
(1) The department and its authorized representatives, 68
each physician licensed to practice medicine under the 69
provisions of chapter 458 or chapter 459, each health care 70
professional licensed under the provisions of part I of chapter 71
464 who is acting pursuant to the scope of his or her license, 72
and each public or private hospital, clinic, or other health 73
facility may examine and provide treatment for sexually 74
transmissible diseases to any minor, if the physician, health 75
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care professional, or facility is qualified to provide such 76
examination and treatment. The consent of a parent the parents 77
or guardian guardians of a minor is not a prerequisite for an 78
examination; however, the consent of a p arent or guardian is 79
required for or treatment. 80
(2) The fact of consultation, examination, and treatment 81
of a minor for a sexually transmissible disease is confidential 82
and exempt from the provisions of s. 119.07(1) and shall not be 83
divulged in any direct or indirect manner, such as sending a 84
bill for a consultation or examination services rendered to a 85
parent or guardian, except as provided in s. 384.29. 86
Section 3. Paragraph (a) of subsection (3) of section 87
394.459, Florida Statutes, is amended to read: 88
394.459 Rights of patients. — 89
(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT. — 90
(a)1. Each patient entering treatment shall be asked to 91
give express and informed consent for admission or treatment. If 92
the patient has been adjudicated incapacitated or found to be 93
incompetent to consent to treat ment, express and informed 94
consent to treatment shall be sought instead from the patient's 95
guardian or guardian advocate. If the patient is a minor, 96
express and informed consent for admission or treatment shall 97
also be requested from the patient's guardian . Express and 98
informed consent for admission or treatment of a patient under 99
18 years of age shall be required from the patient's guardian , 100
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unless the minor is seeking outpatient crisis intervention 101
services under s. 394.4784 . Express and informed consent for 102
admission or treatment given by a patient who is under 18 years 103
of age shall not be a condition of admission when the patient's 104
guardian gives express and informed consent for the patient's 105
admission pursuant to s. 394.463 or s. 394.467. 106
2. Before giving express and informed consent, the 107
following information shall be provided and explained in plain 108
language to the patient, or to the patient's guardian if the 109
patient is 18 years of age or older and has been adjudicated 110
incapacitated, or to the patient 's guardian advocate if the 111
patient has been found to be incompetent to consent to 112
treatment, or to both the patient and the guardian if the 113
patient is a minor: the reason for admission or treatment; the 114
proposed treatment; the purpose of the treatment to be provided; 115
the common risks, benefits, and side effects thereof; the 116
specific dosage range for the medication, when applicable; 117
alternative treatment modalities; the approximate length of 118
care; the potential effects of stopping treatment; how treatment 119
will be monitored; and that any consent given for treatment may 120
be revoked orally or in writing before or during the treatment 121
period by the patient or by a person who is legally authorized 122
to make health care decisions on behalf of the patient. 123
Section 4. Section 394.4784, Florida Statutes, is 124
repealed. 125
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Section 5. Paragraph (b) of subsection (7) of section 126
394.495, Florida Statutes, is amended to read: 127
394.495 Child and adolescent mental health system of care; 128
programs and services. — 129
(7) 130
(b) A mobile response team shall, at a minimum: 131
1. Triage new requests to determine the level of severity 132
and prioritize new requests that meet the clinical threshold for 133
an in-person response. To the extent permitted by available 134
resources, mobile response te ams must provide in-person 135
responses to such calls meeting such clinical level of response 136
within 60 minutes after prioritization. 137
2. Respond to a crisis in the location where the crisis is 138
occurring. 139
3. Provide behavioral health crisis -oriented services that 140
are responsive to the needs of the child, adolescent, or young 141
adult and his or her family. 142
4. Provide evidence -based practices to children, 143
adolescents, young adults, and families to enable them to de -144
escalate and respond to behavioral challenge s that they are 145
facing and to reduce the potential for future crises. 146
5. Provide screening, standardized assessments, early 147
identification, and referrals to community services. 148
6. Provide care coordination by facilitating the 149
transition to ongoing serv ices. 150
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7. Ensure there is a process in place for informed consent 151
and confidentiality compliance measures. Consent of a parent or 152
guardian is required for services provided by the mobile 153
response team after the immediate, onsite behavioral health 154
crisis services, including, but not limited to, the provision of 155
additional evidence-based services subsequent to the crisis 156
event, referrals to community services, and care coordination. 157
8. Promote information sharing and the use of innovative 158
technology. 159
9. Coordinate with the applicable managing entity to 160
establish informal partnerships with key entities providing 161
behavioral health services and supports to children, 162
adolescents, or young adults and their families to facilitate 163
continuity of care. 164
Section 6. Subsections (1) and (3) of section 397.431, 165
Florida Statutes, are amended to read: 166
397.431 Individual responsibility for cost of substance 167
abuse impairment services. — 168
(1) Before accepting an individual for admission and in 169
accordance with confident iality guidelines, both the full charge 170
for services and the fee charged to the individual for such 171
services under the provider's fee system or payment policy must 172
be disclosed to each individual or his or her authorized 173
personal representative, or parent or legal guardian if the 174
individual is a minor who did not seek treatment voluntarily and 175
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without parental consent . 176
(3) The parent, legal guardian, or legal custodian of a 177
minor is not liable for payment for any substance abuse services 178
provided to the minor without parental consent pursuant to s. 179
397.601(4), unless the parent, legal guardian, or legal 180
custodian participates or is ordered to participate in the 181
services, and only for the substance abuse services rendered. If 182
the minor is receiving services as a juvenile offender, the 183
obligation to pay is governed by the law relating to juvenile 184
offenders. 185
Section 7. Paragraph (e) of subsection (7) of section 186
397.501, Florida Statutes, is amended to read: 187
397.501 Rights of individuals. —Individuals receiving 188
substance abuse services from any service provider are 189
guaranteed protection of the rights specified in this section, 190
unless otherwise expressly provided, and service providers must 191
ensure the protection of such rights. 192
(7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS. — 193
(e)1. Since a minor acting alone has the legal capacity to 194
voluntarily apply for and obtain substance abuse treatment, any 195
written consent for disclosure may be given only by the minor. 196
This restriction includes, but is not limit ed to, any disclosure 197
of identifying information to the parent, legal guardian, or 198
custodian of a minor for the purpose of obtaining financial 199
reimbursement. 200
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2. When the consent of a parent, legal guardian, or 201
custodian is required under this chapter in order for a minor to 202
obtain substance abuse treatment, any written consent for 203
disclosure must be given by both the minor and the parent, legal 204
guardian, or custodian. 205
Section 8. Subsection (4) of section 397.601, Florida 206
Statutes, is amended to read: 207
397.601 Voluntary admissions. — 208
(4)(a) The disability of minority for persons under 18 209
years of age is removed solely for the purpose of obtaining 210
voluntary substance abuse impairment services from a licensed 211
service provider, and consent to such servic es by a minor has 212
the same force and effect as if executed by an individual who 213
has reached the age of majority. Such consent is not subject to 214
later disaffirmance based on minority. 215
(b) Except for purposes of law enforcement activities in 216
connection with protective custody, the disability of minority 217
is not removed if there is For an involuntary admission of a 218
minor for substance abuse services, in which case parental 219
participation may be required as the court finds appropriate. 220
Section 9. Paragraph (c) of subsection (8) of section 221
1001.42, Florida Statutes, is amended to read: 222
1001.42 Powers and duties of district school board. —The 223
district school board, acting as a board, shall exercise all 224
powers and perform all duties listed below: 225
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(8) STUDENT WELFARE.— 226
(c)1. In accordance with the rights of parents enumerated 227
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 228
student's parent if there is a change in the student's services 229
or monitoring related to the student's mental, emotional, or 230
physical health or well -being and the school's ability to 231
provide a safe and supportive learning environment for the 232
student. The procedures must reinforce the fundamental right of 233
parents to make decisions regarding the upbringing and control 234
of their children by requiring school district personnel to 235
encourage a student to discuss issues relating to his or her 236
well-being with his or her parent or to facilitate discussion of 237
the issue with the parent. The procedures may not prohibit 238
parents from accessing any of their student's education and 239
health records created, maintained, or used by the school 240
district, as required by s. 1002.22(2). 241
2. A school district may not adopt procedures or student 242
support forms that prohibit school district personnel from 243
notifying a parent about his or her student's mental, emotional, 244
or physical health or well -being, or a change in related 245
services or monitoring, or that encourage or have the effect of 246
encouraging a student to withhold from a parent such 247
information. School district personnel may not discourage or 248
prohibit parental notification of and involvement in critical 249
decisions affecting a student's mental, emotional, or physical 250
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health or well-being. This subparagraph does not prohibit a 251
school district from adopting procedures that permit school 252
personnel to withhold such information from a parent if a 253
reasonably prudent person would believe that disclosure would 254
result in abuse, abandonment, or neglect, as those terms are 255
defined in s. 39.01. 256
3. Classroom instruct ion by school personnel or third 257
parties on sexual orientation or gender identity may not occur 258
in prekindergarten through grade 8, except when required by ss. 259
1003.42(2)(o)3. and 1003.46. If such instruction is provided in 260
grades 9 through 12, the instruc tion must be age-appropriate or 261
developmentally appropriate for students in accordance with 262
state standards. This subparagraph applies to charter schools. 263
4. Student support services training developed or provided 264
by a school district to school district personnel must adhere to 265
student services guidelines, standards, and frameworks 266
established by the Department of Education. 267
5. At the beginning of the school year, each school 268
district shall notify parents of each health care service 269
offered at their stu dent's school and the option to withhold 270
consent or decline any specific service in accordance with s. 271
1014.06. Parental consent to a health care service does not 272
waive the parent's right to access his or her student's 273
educational or health records or to b e notified about a change 274
in his or her student's services or monitoring as provided by 275
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this paragraph. 276
6. Except as provided in s. 1014.04(1)(k), before 277
administering any a student well-being, mental health, or health 278
screening questionnaire or health screening form to a student in 279
kindergarten through grade 12 3, the school district must 280
provide the questionnaire or health screening form to the 281
parent, either electronically or in paper form, and notify the 282
parent of the date or time period when the ques tionnaire or form 283
will be administered. The school district must give the parent 284
an opportunity to opt his or her student out of participation 285
and obtain the permission of the parent . 286
7. Each school district shall adopt procedures for a 287
parent to notify the principal, or his or her designee, 288
regarding concerns under this paragraph at his or her student's 289
school and the process for resolving those concerns within 7 290
calendar days after notification by the parent. 291
a. At a minimum, the procedures must requi re that within 292
30 days after notification by the parent that the concern 293
remains unresolved, the school district must either resolve the 294
concern or provide a statement of the reasons for not resolving 295
the concern. 296
b. If a concern is not resolved by the s chool district, a 297
parent may: 298
(I) Request the Commissioner of Education to appoint a 299
special magistrate who is a member of The Florida Bar in good 300
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standing and who has at least 5 years' experience in 301
administrative law. The special magistrate shall deter mine facts 302
relating to the dispute over the school district procedure or 303
practice, consider information provided by the school district, 304
and render a recommended decision for resolution to the State 305
Board of Education within 30 days after receipt of the re quest 306
by the parent. The State Board of Education must approve or 307
reject the recommended decision at its next regularly scheduled 308
meeting that is more than 7 calendar days and no more than 30 309
days after the date the recommended decision is transmitted. The 310
costs of the special magistrate shall be borne by the school 311
district. The State Board of Education shall adopt rules, 312
including forms, necessary to implement this subparagraph. 313
(II) Bring an action against the school district to obtain 314
a declaratory judgment that the school district procedure or 315
practice violates this paragraph and seek injunctive relief. A 316
court may award damages and shall award reasonable attorney fees 317
and court costs to a parent who receives declaratory or 318
injunctive relief. 319
c. Each school district shall adopt and post on its 320
website policies to notify parents of the procedures required 321
under this subparagraph. 322
d. Nothing contained in this subparagraph shall be 323
construed to abridge or alter rights of action or remedies in 324
equity already existing under the common law or general law. 325
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Section 10. Paragraphs (e), (f), and (h) of subsection (1) 326
of section 1014.04, Florida Statutes, are amended, and 327
paragraphs (k) and (l) are added to that subsection, to read: 328
1014.04 Parental righ ts.— 329
(1) All parental rights are reserved to the parent of a 330
minor child in this state without obstruction or interference 331
from the state, any of its political subdivisions, any other 332
governmental entity, or any other institution, including, but 333
not limited to, all of the following rights of a parent of a 334
minor child in this state: 335
(e) The right to make health care decisions for his or her 336
minor child, unless: 337
1. The parent is the subject of an investigation of a 338
crime committed against the minor chil d; 339
2. The minor child has been maintained in an out -of-home 340
placement by the Department of Children and Families and the 341
department has the minor child examined for injury, illness, and 342
communicable diseases and to determine the need for 343
immunization; 344
3. The minor child is authorized by law to make the 345
specific health care decisions for himself or herself as 346
provided in ss. 743.01, 743.015, 743.06, 743.065, 743.066, and 347
743.067; 348
4. A parent cannot be located and another person is 349
authorized by law to make the health care decisions as provided 350
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in s. 743.0645; 351
5. The minor is receiving emergency medical care under s. 352
743.064, involuntary services under s. 394.463 or s. 397.675, or 353
immediate, onsite behavioral health crisis services under s. 354
394.495(7); or 355
6. Circumstances exist which satisfy the requirements of 356
law for a parent's implied consent to medical care and treatment 357
of the minor child as provided in s. 383.50. 358
7. A court order provides otherwise prohibited by law. 359
(f) The right to access and review all medical records of 360
his or her minor child, unless prohibited by law or if the 361
parent is the subject of an investigation of a crime committed 362
against the minor child and a law enforcement agency or official 363
requests that the information not be released. 364
(h) The right to consent in writing before any record of 365
his or her minor child's blood or deoxyribonucleic acid (DNA) is 366
created, stored, or shared, except as required by s. 943.325 or 367
s. 943.326 general law or authorized pursuant to a court order. 368
(k)1. The right to review, inspect, and consent to any 369
survey or questionnaire before such a survey or questionnaire is 370
given to his or her minor child which may reveal information 371
concerning any of the following: 372
a. Political affiliations or beliefs of the child or the 373
child's family; 374
b. Mental or psychological problems of the child or the 375
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child's family; 376
c. Sexual behavior or attitudes; 377
d. Illegal, antisocial, self -incriminating, or demeaning 378
behavior; 379
e. Critical appraisals of any other individual with whom 380
the child has a close family relationship; 381
f. Legally recognized privileged or analogous 382
relationships, such as those of lawyers, physicians, and 383
ministers; 384
g. Religious practices, affiliations, or belie fs of the 385
child or child's parent; or 386
h. Income, other than that required by law to determine 387
eligibility for participation in a program or for receiving 388
financial assistance under such program. 389
2. The right to know, at the time consent is provided, th e 390
purpose of the survey or questionnaire, how the information will 391
be used, and the extent to which information will be shared and 392
redisclosed and to whom. 393
394
This paragraph does not apply when a parent does not have the 395
right to make health care decisions f or his or her minor child 396
pursuant to paragraph (e). 397
(l) The right to consent in writing to the use of a 398
biofeedback device on his or her minor child. As used in this 399
paragraph, the term "biofeedback device" means an instrument or 400
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a sensor used to measure bodily functions, such as heart rate 401
variability, brain waves, or breathing rate, outside of a health 402
care facility or provider's office, for the purpose of improving 403
performance. If the parent consents to the use of the device, 404
all results must be provided to the parent and must otherwise be 405
held as a confidential medical record. 406
Section 11. Subsections (1) and (2) of section 1014.06, 407
Florida Statutes, are amended to read: 408
1014.06 Parental consent for health care services. — 409
(1) Except as otherwise provided in s. 1014.04(1)(e) or by 410
a court order law, a health care practitioner, as defined in s. 411
456.001, or an individual employed by such health care 412
practitioner may not provide or solicit or arrange to provide 413
health care services or prescrib e medicinal drugs to a minor 414
child without first obtaining written parental consent. 415
(2) Except as otherwise provided in s. 1014.04(1)(e) by 416
law or by a court order, a provider, as defined in s. 408.803, 417
may not allow a medical procedure to be performed on a minor 418
child in its facility without first obtaining written parental 419
consent. 420
Section 12. For the purpose of incorporating the amendment 421
made by this act to section 1014.06, Florida Statutes, in a 422
reference thereto, paragraph (f) of subsection (3) of section 423
408.813, Florida Statutes, is reenacted to read: 424
408.813 Administrative fines; violations. —As a penalty for 425
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any violation of this part, authorizing statutes, or applicable 426
rules, the agency may impose an administrative fine. 427
(3) The agency may impose an administrative fine for a 428
violation that is not designated as a class I, class II, class 429
III, or class IV violation. Unless otherwise specified by law, 430
the amount of the fine may not exceed $500 for each violation. 431
Unclassified violations inc lude: 432
(f) Violating the parental consent requirements of s. 433
1014.06. 434
Section 13. For the purpose of incorporating the amendment 435
made by this act to section 1014.06, Florida Statutes, in a 436
reference thereto, paragraph (rr) of subsection (1) of section 437
456.072, Florida Statutes, is reenacted to read: 438
456.072 Grounds for discipline; penalties; enforcement. — 439
(1) The following acts shall constitute grounds for which 440
the disciplinary actions specified in subsection (2) may be 441
taken: 442
(rr) Failure to comply with the parental consent 443
requirements of s. 1014.06. 444
Section 14. This act shall take effect July 1, 2025. 445