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Florida Senate - 2025 CS for CS for SB 1288 By the Committees on Rules; and Judiciary; and Senator Grall 595-03799-25 20251288c2 1 A bill to be entitled 2 An act relating to parental rights; amending s. 3 384.30, F.S.; requiring parental consent for a minors 4 treatment for certain diseases; amending s. 1001.42, 5 F.S.; requiring a school district to provide parents 6 with specified information before the district 7 administers certain questionnaires or forms to 8 students; requiring a school district to give a parent 9 an opportunity to opt his or her student out of such 10 questionnaire or form; amending s. 1014.04, F.S.; 11 revising exceptions for certain parental rights; 12 creating the parental right to consent in writing to 13 the use of a biofeedback device on a parents minor 14 child; defining the term biofeedback device; 15 requiring that the results from the use of such device 16 be provided to a parent; requiring that such results 17 be held as a confidential medical record; amending s. 18 1014.06, F.S.; revising exceptions for specified 19 requirements of parental consent; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Section 384.30, Florida Statutes, is amended to 25 read: 26 384.30Minors consent to treatment. 27 (1)The department and its authorized representatives, each 28 physician licensed to practice medicine under the provisions of 29 chapter 458 or chapter 459, each health care professional 30 licensed under the provisions of part I of chapter 464 who is 31 acting pursuant to the scope of his or her license, and each 32 public or private hospital, clinic, or other health facility may 33 examine and provide treatment for sexually transmissible 34 diseases to any minor, if the physician, health care 35 professional, or facility is qualified to provide such 36 examination and treatment. The consent of a parent the parents 37 or guardian guardians of a minor is not a prerequisite for an 38 examination; however, the consent of a parent or guardian is 39 required for or treatment. 40 (2)The fact of consultation, examination, and treatment of 41 a minor for a sexually transmissible disease is confidential and 42 exempt from the provisions of s. 119.07(1) and shall not be 43 divulged in any direct or indirect manner, such as sending a 44 bill for a consultation or examination services rendered to a 45 parent or guardian, except as provided in s. 384.29. 46 Section 2.Paragraph (c) of subsection (8) of section 47 1001.42, Florida Statutes, is amended to read: 48 1001.42Powers and duties of district school board.The 49 district school board, acting as a board, shall exercise all 50 powers and perform all duties listed below: 51 (8)STUDENT WELFARE. 52 (c)1.In accordance with the rights of parents enumerated 53 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 54 students parent if there is a change in the students services 55 or monitoring related to the students mental, emotional, or 56 physical health or well-being and the schools ability to 57 provide a safe and supportive learning environment for the 58 student. The procedures must reinforce the fundamental right of 59 parents to make decisions regarding the upbringing and control 60 of their children by requiring school district personnel to 61 encourage a student to discuss issues relating to his or her 62 well-being with his or her parent or to facilitate discussion of 63 the issue with the parent. The procedures may not prohibit 64 parents from accessing any of their students education and 65 health records created, maintained, or used by the school 66 district, as required by s. 1002.22(2). 67 2.A school district may not adopt procedures or student 68 support forms that prohibit school district personnel from 69 notifying a parent about his or her students mental, emotional, 70 or physical health or well-being, or a change in related 71 services or monitoring, or that encourage or have the effect of 72 encouraging a student to withhold from a parent such 73 information. School district personnel may not discourage or 74 prohibit parental notification of and involvement in critical 75 decisions affecting a students mental, emotional, or physical 76 health or well-being. This subparagraph does not prohibit a 77 school district from adopting procedures that permit school 78 personnel to withhold such information from a parent if a 79 reasonably prudent person would believe that disclosure would 80 result in abuse, abandonment, or neglect, as those terms are 81 defined in s. 39.01. 82 3.Classroom instruction by school personnel or third 83 parties on sexual orientation or gender identity may not occur 84 in prekindergarten through grade 8, except when required by ss. 85 1003.42(2)(o)3. and 1003.46. If such instruction is provided in 86 grades 9 through 12, the instruction must be age-appropriate or 87 developmentally appropriate for students in accordance with 88 state standards. This subparagraph applies to charter schools. 89 4.Student support services training developed or provided 90 by a school district to school district personnel must adhere to 91 student services guidelines, standards, and frameworks 92 established by the Department of Education. 93 5.At the beginning of the school year, each school 94 district shall notify parents of each health care service 95 offered at their students school and the option to withhold 96 consent or decline any specific service in accordance with s. 97 1014.06. Parental consent to a health care service does not 98 waive the parents right to access his or her students 99 educational or health records or to be notified about a change 100 in his or her students services or monitoring as provided by 101 this paragraph. 102 6.Before administering any a student well-being, mental 103 health, or health screening questionnaire or health screening 104 form to a student in kindergarten through grade 12 3, the school 105 district must provide the questionnaire or health screening form 106 to the parent, either electronically or in paper form, and 107 notify the parent of the date or time period when the 108 questionnaire or form will be administered. The school district 109 must give the parent an opportunity to opt his or her student 110 out of participation and obtain the permission of the parent. 111 7.Each school district shall adopt procedures for a parent 112 to notify the principal, or his or her designee, regarding 113 concerns under this paragraph at his or her students school and 114 the process for resolving those concerns within 7 calendar days 115 after notification by the parent. 116 a.At a minimum, the procedures must require that within 30 117 days after notification by the parent that the concern remains 118 unresolved, the school district must either resolve the concern 119 or provide a statement of the reasons for not resolving the 120 concern. 121 b.If a concern is not resolved by the school district, a 122 parent may: 123 (I)Request the Commissioner of Education to appoint a 124 special magistrate who is a member of The Florida Bar in good 125 standing and who has at least 5 years experience in 126 administrative law. The special magistrate shall determine facts 127 relating to the dispute over the school district procedure or 128 practice, consider information provided by the school district, 129 and render a recommended decision for resolution to the State 130 Board of Education within 30 days after receipt of the request 131 by the parent. The State Board of Education must approve or 132 reject the recommended decision at its next regularly scheduled 133 meeting that is more than 7 calendar days and no more than 30 134 days after the date the recommended decision is transmitted. The 135 costs of the special magistrate shall be borne by the school 136 district. The State Board of Education shall adopt rules, 137 including forms, necessary to implement this subparagraph. 138 (II)Bring an action against the school district to obtain 139 a declaratory judgment that the school district procedure or 140 practice violates this paragraph and seek injunctive relief. A 141 court may award damages and shall award reasonable attorney fees 142 and court costs to a parent who receives declaratory or 143 injunctive relief. 144 c.Each school district shall adopt and post on its website 145 policies to notify parents of the procedures required under this 146 subparagraph. 147 d.Nothing contained in this subparagraph shall be 148 construed to abridge or alter rights of action or remedies in 149 equity already existing under the common law or general law. 150 Section 3.Paragraphs (e), (f), and (h) of subsection (1) 151 of section 1014.04, Florida Statutes, are amended, and paragraph 152 (k) is added to that subsection, to read: 153 1014.04Parental rights. 154 (1)All parental rights are reserved to the parent of a 155 minor child in this state without obstruction or interference 156 from the state, any of its political subdivisions, any other 157 governmental entity, or any other institution, including, but 158 not limited to, all of the following rights of a parent of a 159 minor child in this state: 160 (e)The right to make health care decisions for his or her 161 minor child, unless: 162 1.The parent is the subject of an investigation of a crime 163 committed against the minor child; 164 2.The child has been maintained in an out-of-home 165 placement by the Department of Children and Families and the 166 department has a child examined for injury, illness, and 167 communicable diseases and to determine the need for 168 immunization; 169 3.The child is authorized by law to make the specific 170 health care decisions for himself or herself as provided in ss. 171 743.01, 743.015, 743.06, 743.065, 743.066, and 743.067; 172 4.A parent cannot be located and another person is 173 authorized by law to make the health care decisions as provided 174 in s. 743.0645; 175 5.Circumstances exist which satisfy the requirements of 176 law for a parents implied consent to medical care and treatment 177 of the child as provided in s. 383.50; or 178 6.A court order provides otherwise prohibited by law. 179 (f)The right to access and review all medical records of 180 his or her minor child, unless prohibited by law or if the 181 parent is the subject of an investigation of a crime committed 182 against the minor child and a law enforcement agency or official 183 requests that the information not be released. 184 (h)The right to consent in writing before any record of 185 his or her minor childs blood or deoxyribonucleic acid (DNA) is 186 created, stored, or shared, except as required by s. 943.325 or 187 s. 943.326 general law or authorized pursuant to a court order. 188 (k)The right to consent in writing to the use of a 189 biofeedback device on his or her minor child. As used in this 190 paragraph, the term biofeedback device means an instrument or 191 a sensor used to measure bodily functions, such as heart rate 192 variability, brain waves, or breathing rate, outside of a health 193 care facility or providers office, for the purpose of improving 194 performance. If the parent consents to the use of the device, 195 all results must be provided to the parent and must otherwise be 196 held as a confidential medical record. 197 Section 4.Subsections (1) and (2) of section 1014.06, 198 Florida Statutes, are amended to read: 199 1014.06Parental consent for health care services. 200 (1)Except as otherwise provided for emergency medical care 201 under s. 743.064 or s. 1014.04(1)(e), emergency behavioral 202 health care under s. 394.463(1) or s. 397.675, or by court order 203 law, a health care practitioner, as defined in s. 456.001, or an 204 individual employed by such health care practitioner may not 205 provide or solicit or arrange to provide health care services or 206 prescribe medicinal drugs to a minor child without first 207 obtaining written parental consent. 208 (2)Except as otherwise provided for emergency medical care 209 under s. 743.064, s. 1014.04(1)(e) by law or by a court order, a 210 provider, as defined in s. 408.803, may not allow a medical 211 procedure to be performed on a minor child in its facility 212 without first obtaining written parental consent. 213 Section 5.This act shall take effect July 1, 2025.
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