Florida Senate - 2025 SB 1288 By Senator Grall 29-00907C-25 20251288__ 1 A bill to be entitled 2 An act relating to parental rights; amending s. 3 1014.04, F.S.; deleting exceptions for certain 4 parental rights; creating the parental right to review 5 and consent to a survey or questionnaire provided to 6 his or her minor child; creating the parental right to 7 grant permission for the results or responses of such 8 survey or questionnaire to be shared or distributed; 9 amending s. 1014.06, F.S.; revising exceptions for 10 specified requirements of parental consent; 11 prohibiting the use of a biofeedback device on a minor 12 child without written permission from the minor 13 childs parent or guardian; defining the term 14 biofeedback device; requiring the results of the use 15 of such device be provided to a parent or guardian; 16 requiring that such results be held as a confidential 17 medical record; reenacting ss. 408.813(3)(f) and 18 456.072(1)(rr), F.S., relating to administrative fines 19 and grounds for discipline, respectively, to 20 incorporate the amendment made to s. 1014.06, F.S., in 21 references thereto; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Paragraphs (e), (f), and (h) of subsection (1) 26 of section 1014.04, Florida Statutes, are amended, and paragraph 27 (k) is added to that subsection, to read: 28 1014.04Parental rights. 29 (1)All parental rights are reserved to the parent of a 30 minor child in this state without obstruction or interference 31 from the state, any of its political subdivisions, any other 32 governmental entity, or any other institution, including, but 33 not limited to, all of the following rights of a parent of a 34 minor child in this state: 35 (e)The right to make health care decisions for his or her 36 minor child, unless otherwise prohibited by law. 37 (f)The right to access and review all medical records of 38 his or her minor child, unless prohibited by law or if the 39 parent is the subject of an investigation of a crime committed 40 against the minor child and a law enforcement agency or official 41 requests that the information not be released. 42 (h)The right to consent in writing before any record of 43 his or her minor childs blood or deoxyribonucleic acid (DNA) is 44 created, stored, or shared, except as required by general law or 45 authorized pursuant to a court order. 46 (k)1.The right to review and consent to any survey or 47 questionnaire given to his or her minor child. 48 2.The right to grant permission for the responses or 49 results of such survey or questionnaire to be shared or 50 distributed, upon receiving notice of the intended recipient, 51 the purpose of the survey or questionnaire, or the specified 52 information to be shared. 53 Section 2.Present subsections (3), (4), and (5), of 54 section 1014.06, Florida Statutes, are redesignated as 55 subsections (4), (5), and (6), a new subsection (3) is added to 56 that section, and subsections (1) and (2) of that section are 57 amended to, read: 58 1014.06Parental consent for health care services. 59 (1)Except as otherwise provided by law, A health care 60 practitioner, as defined in s. 456.001, or an individual 61 employed by such health care practitioner may not provide or 62 solicit or arrange to provide health care services or prescribe 63 medicinal drugs to a minor child without first obtaining written 64 parental consent. 65 (2)Except as otherwise provided for emergency medical care 66 under s. 743.064 by law or a court order, a provider, as defined 67 in s. 408.803, may not allow a medical procedure to be performed 68 on a minor child in its facility without first obtaining written 69 parental consent. 70 (3)The use of a biofeedback device is a health care 71 service for the purpose of this section. The use of such a 72 device on a minor child without first obtaining express written 73 permission from the minor childs parent or guardian is 74 prohibited. As used in this subsection, the term biofeedback 75 device means an instrument or a sensor used to measure bodily 76 functions, such as heart rate variability, brain waves, or 77 breathing rate, for the purpose of improving performance. If the 78 parent or guardian consents to the use of the device, all 79 results must be provided to the parent or guardian and must 80 otherwise be held as a confidential medical record. 81 Section 3.For the purpose of incorporating the amendment 82 made by this act to section 1014.06, Florida Statutes, in a 83 reference thereto, paragraph (f) of subsection (3) of section 84 408.813, Florida Statutes, is reenacted to read: 85 408.813Administrative fines; violations.As a penalty for 86 any violation of this part, authorizing statutes, or applicable 87 rules, the agency may impose an administrative fine. 88 (3)The agency may impose an administrative fine for a 89 violation that is not designated as a class I, class II, class 90 III, or class IV violation. Unless otherwise specified by law, 91 the amount of the fine may not exceed $500 for each violation. 92 Unclassified violations include: 93 (f)Violating the parental consent requirements of s. 94 1014.06. 95 Section 4.For the purpose of incorporating the amendment 96 made by this act to section 1014.06, Florida Statutes, in a 97 reference thereto, paragraph (rr) of subsection (1) of section 98 456.072, Florida Statutes, is reenacted to read: 99 456.072Grounds for discipline; penalties; enforcement. 100 (1)The following acts shall constitute grounds for which 101 the disciplinary actions specified in subsection (2) may be 102 taken: 103 (rr)Failure to comply with the parental consent 104 requirements of s. 1014.06. 105 Section 5.This act shall take effect July 1, 2025.