Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1288
       
       
       
       
       
       
                                Ì6416288Î641628                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2025           .                                
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       The Committee on Judiciary (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 384.30, Florida Statutes, is amended to
    6  read:
    7         384.30 Minors’ consent to treatment.—
    8         (1) The department and its authorized representatives, each
    9  physician licensed to practice medicine under the provisions of
   10  chapter 458 or chapter 459, each health care professional
   11  licensed under the provisions of part I of chapter 464 who is
   12  acting pursuant to the scope of his or her license, and each
   13  public or private hospital, clinic, or other health facility may
   14  examine and provide treatment for sexually transmissible
   15  diseases to any minor, if the physician, health care
   16  professional, or facility is qualified to provide such
   17  examination and treatment. The consent of a parent the parents
   18  or guardian guardians of a minor is not a prerequisite for an
   19  examination; however, the consent of a parent or guardian is
   20  required for or treatment.
   21         (2) The fact of consultation, examination, and treatment of
   22  a minor for a sexually transmissible disease is confidential and
   23  exempt from the provisions of s. 119.07(1) and shall not be
   24  divulged in any direct or indirect manner, such as sending a
   25  bill for a consultation or examination services rendered to a
   26  parent or guardian, except as provided in s. 384.29.
   27         Section 2. Paragraphs (e), (f), and (h) of subsection (1)
   28  of section 1014.04, Florida Statutes, are amended, and paragraph
   29  (k) is added to that subsection, to read:
   30         1014.04 Parental rights.—
   31         (1) All parental rights are reserved to the parent of a
   32  minor child in this state without obstruction or interference
   33  from the state, any of its political subdivisions, any other
   34  governmental entity, or any other institution, including, but
   35  not limited to, all of the following rights of a parent of a
   36  minor child in this state:
   37         (e) The right to make health care decisions for his or her
   38  minor child, unless:
   39         1. The parent is the subject of an investigation of a crime
   40  committed against the minor child;
   41         2. The child has been maintained in an out of home
   42  placement by the Department of Children and Families and the
   43  department has a child examined for injury, illness, and
   44  communicable diseases and to determine the need for
   45  immunization;
   46         3. The child is authorized by law to make the specific
   47  health care decisions for himself or herself as provided in ss.
   48  743.01, 743.015, 743.06, 743.065, 743.066, and 743.067;
   49         4. A parent cannot be located and another person is
   50  authorized by law to make the health care decisions as provided
   51  in s. 743.0645; or
   52         5. Circumstances exist which satisfy the requirements of
   53  law for a parent’s implied consent to medical care and treatment
   54  of the child as provided in s. 383.50 otherwise prohibited by
   55  law.
   56         (f) The right to access and review all medical records of
   57  his or her minor child, unless prohibited by law or if the
   58  parent is the subject of an investigation of a crime committed
   59  against the minor child and a law enforcement agency or official
   60  requests that the information not be released.
   61         (h) The right to consent in writing before any record of
   62  his or her minor child’s blood or deoxyribonucleic acid (DNA) is
   63  created, stored, or shared, except as required by general law or
   64  authorized pursuant to a court order.
   65         (k)1. The right to review and consent to any survey or
   66  questionnaire given to his or her minor child.
   67         2. The right to grant permission for the responses or
   68  results of such survey or questionnaire to be shared or
   69  distributed, upon receiving notice of the intended recipient,
   70  the purpose of the survey or questionnaire, or the specified
   71  information to be shared.
   72         Section 3. Present subsections (3), (4), and (5), of
   73  section 1014.06, Florida Statutes, are redesignated as
   74  subsections (4), (5), and (6), respectively, a new subsection
   75  (3) is added to that section, and subsections (1) and (2) of
   76  that section are amended, to read:
   77         1014.06 Parental consent for health care services.—
   78         (1) Except as otherwise provided for emergency medical care
   79  under s. 743.064 or s. 1014.04(1)(e) or by court order law, a
   80  health care practitioner, as defined in s. 456.001, or an
   81  individual employed by such health care practitioner may not
   82  provide or solicit or arrange to provide health care services or
   83  prescribe medicinal drugs to a minor child without first
   84  obtaining written parental consent.
   85         (2) Except as otherwise provided for emergency medical care
   86  under s. 743.064, s. 1014.04(1)(e) by law or by a court order, a
   87  provider, as defined in s. 408.803, may not allow a medical
   88  procedure to be performed on a minor child in its facility
   89  without first obtaining written parental consent.
   90         (3) The use of a biofeedback device is a health care
   91  service for the purpose of this section. The use of such a
   92  device on a minor child without first obtaining express written
   93  permission from the minor child’s parent or guardian is
   94  prohibited. As used in this subsection, the term “biofeedback
   95  device” means an instrument or a sensor used to measure bodily
   96  functions, such as heart rate variability, brain waves, or
   97  breathing rate, for the purpose of improving performance. If the
   98  parent or guardian consents to the use of the device, all
   99  results must be provided to the parent or guardian and must
  100  otherwise be held as a confidential medical record.
  101         Section 4. For the purpose of incorporating the amendment
  102  made by this act to section 1014.06, Florida Statutes, in a
  103  reference thereto, paragraph (f) of subsection (3) of section
  104  408.813, Florida Statutes, is reenacted to read:
  105         408.813 Administrative fines; violations.—As a penalty for
  106  any violation of this part, authorizing statutes, or applicable
  107  rules, the agency may impose an administrative fine.
  108         (3) The agency may impose an administrative fine for a
  109  violation that is not designated as a class I, class II, class
  110  III, or class IV violation. Unless otherwise specified by law,
  111  the amount of the fine may not exceed $500 for each violation.
  112  Unclassified violations include:
  113         (f) Violating the parental consent requirements of s.
  114  1014.06.
  115         Section 5. For the purpose of incorporating the amendment
  116  made by this act to section 1014.06, Florida Statutes, in a
  117  reference thereto, paragraph (rr) of subsection (1) of section
  118  456.072, Florida Statutes, is reenacted to read:
  119         456.072 Grounds for discipline; penalties; enforcement.—
  120         (1) The following acts shall constitute grounds for which
  121  the disciplinary actions specified in subsection (2) may be
  122  taken:
  123         (rr) Failure to comply with the parental consent
  124  requirements of s. 1014.06.
  125         Section 6. This act shall take effect July 1, 2025.
  126  
  127  ================= T I T L E  A M E N D M E N T ================
  128  And the title is amended as follows:
  129         Delete everything before the enacting clause
  130  and insert:
  131                        A bill to be entitled                      
  132         An act relating to parental rights; amending s.
  133         384.30, F.S.; requiring parental consent for a minor’s
  134         treatment for certain diseases; amending s. 1014.04,
  135         F.S.; revising exceptions for certain parental rights;
  136         creating the parental right to review and consent to a
  137         survey or questionnaire provided to a parent’s minor
  138         child; creating the parental right to grant permission
  139         for the results or responses of such survey or
  140         questionnaire to be shared or distributed; amending s.
  141         1014.06, F.S.; revising exceptions for specified
  142         requirements of parental consent; prohibiting the use
  143         of a biofeedback device on a minor child without
  144         written permission from the minor child’s parent or
  145         guardian; defining the term “biofeedback device”;
  146         requiring the results of the use of such device be
  147         provided to a parent or guardian; requiring that such
  148         results be held as a confidential medical record;
  149         reenacting ss. 408.813(3)(f) and 456.072(1)(rr), F.S.,
  150         relating to administrative fines and grounds for
  151         discipline, respectively, to incorporate the amendment
  152         made to s. 1014.06, F.S., in references thereto;
  153         providing an effective date.