Florida Senate - 2025                             CS for SB 1288
       
       
        
       By the Committee on Judiciary; and Senator Grall
       
       
       
       
       
       590-03177-25                                          20251288c1
    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 minor’s
    4         treatment for certain diseases; amending s. 1014.04,
    5         F.S.; revising exceptions for certain parental rights;
    6         creating the parental right to review and consent to a
    7         survey or questionnaire provided to a parent’s minor
    8         child; creating the parental right to grant permission
    9         for the results or responses of such survey or
   10         questionnaire to be shared or distributed; amending s.
   11         1014.06, F.S.; revising exceptions for specified
   12         requirements of parental consent; prohibiting the use
   13         of a biofeedback device on a minor child without
   14         written permission from the minor child’s parent or
   15         guardian; defining the term “biofeedback device”;
   16         requiring the results of the use of such device be
   17         provided to a parent or guardian; requiring that such
   18         results be held as a confidential medical record;
   19         reenacting ss. 408.813(3)(f) and 456.072(1)(rr), F.S.,
   20         relating to administrative fines and grounds for
   21         discipline, respectively, to incorporate the amendment
   22         made to s. 1014.06, F.S., in references thereto;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 384.30, Florida Statutes, is amended to
   28  read:
   29         384.30 Minors’ consent to treatment.—
   30         (1) The department and its authorized representatives, each
   31  physician licensed to practice medicine under the provisions of
   32  chapter 458 or chapter 459, each health care professional
   33  licensed under the provisions of part I of chapter 464 who is
   34  acting pursuant to the scope of his or her license, and each
   35  public or private hospital, clinic, or other health facility may
   36  examine and provide treatment for sexually transmissible
   37  diseases to any minor, if the physician, health care
   38  professional, or facility is qualified to provide such
   39  examination and treatment. The consent of a parent the parents
   40  or guardian guardians of a minor is not a prerequisite for an
   41  examination; however, the consent of a parent or guardian is
   42  required for or treatment.
   43         (2) The fact of consultation, examination, and treatment of
   44  a minor for a sexually transmissible disease is confidential and
   45  exempt from the provisions of s. 119.07(1) and shall not be
   46  divulged in any direct or indirect manner, such as sending a
   47  bill for a consultation or examination services rendered to a
   48  parent or guardian, except as provided in s. 384.29.
   49         Section 2. Paragraphs (e), (f), and (h) of subsection (1)
   50  of section 1014.04, Florida Statutes, are amended, and paragraph
   51  (k) is added to that subsection, to read:
   52         1014.04 Parental rights.—
   53         (1) All parental rights are reserved to the parent of a
   54  minor child in this state without obstruction or interference
   55  from the state, any of its political subdivisions, any other
   56  governmental entity, or any other institution, including, but
   57  not limited to, all of the following rights of a parent of a
   58  minor child in this state:
   59         (e) The right to make health care decisions for his or her
   60  minor child, unless:
   61         1. The parent is the subject of an investigation of a crime
   62  committed against the minor child;
   63         2. The child has been maintained in an out of home
   64  placement by the Department of Children and Families and the
   65  department has a child examined for injury, illness, and
   66  communicable diseases and to determine the need for
   67  immunization;
   68         3. The child is authorized by law to make the specific
   69  health care decisions for himself or herself as provided in ss.
   70  743.01, 743.015, 743.06, 743.065, 743.066, and 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  law for a parent’s implied consent to medical care and treatment
   76  of the child as provided in s. 383.50 otherwise prohibited by
   77  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 child’s blood or deoxyribonucleic acid (DNA) is
   85  created, stored, or shared, except as required by general law or
   86  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         (1) Except as otherwise provided for emergency medical care
  101  under s. 743.064 or s. 1014.04(1)(e) or by court order law, a
  102  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 care
  108  under s. 743.064, s. 1014.04(1)(e) by law or by a court order, a
  109  provider, as defined in s. 408.803, may not allow a medical
  110  procedure to be performed on a minor child in its facility
  111  without first obtaining written 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 1014.06, Florida Statutes, in a
  125  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 applicable
  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, Florida 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.