Florida Senate - 2026 SB 166
By Senator Grall
29-00132-26 2026166__
1 A bill to be entitled
2 An act relating to parental rights; amending s.
3 381.0051, F.S.; revising requirements for the
4 provision of maternal health and contraceptive
5 information and services to minors; amending s.
6 384.30, F.S.; requiring consent from a parent or
7 guardian for a minor’s treatment for certain diseases;
8 amending s. 394.459, F.S.; conforming a provision to
9 changes made by the act; repealing s. 394.4784, F.S.,
10 relating to minors’ access to outpatient crisis
11 intervention services and treatment; amending s.
12 394.495, F.S.; requiring consent from a parent or
13 guardian for certain services provided by a mobile
14 response team; amending s. 397.431, F.S.; revising
15 responsibility for the cost of certain substance abuse
16 services; amending s. 397.501, F.S.; revising
17 requirements for consent to disclosure of individual
18 records; amending s. 397.601, F.S.; revising
19 requirements for voluntary admission for substance
20 abuse impairment services; amending s. 1001.42, F.S.;
21 requiring school districts to provide parents with
22 specified information before the district administers
23 certain questionnaires or forms to students; requiring
24 school districts to give parents an opportunity to opt
25 their students out of such questionnaire or form;
26 amending s. 1014.04, F.S.; revising exceptions for
27 certain parental rights; providing that a parent has
28 the right to review, inspect, and consent to a
29 specified survey or questionnaire before the survey or
30 questionnaire is provided to the parent’s minor child;
31 providing that a parent has the right to certain
32 information about the survey or questionnaire at the
33 time consent is provided; providing applicability;
34 providing that a parent has the right to consent in
35 writing to the use of a biofeedback device on the
36 parent’s minor child; defining the term “biofeedback
37 device”; requiring that the results from the use of
38 such device be provided to a parent and be held as a
39 confidential medical record; amending s. 1014.06,
40 F.S.; revising exceptions for specified requirements
41 of parental consent; reenacting ss. 408.813(3)(f) and
42 456.072(1)(rr), F.S., relating to administrative fines
43 and grounds for discipline, respectively, to
44 incorporate the amendment made to s. 1014.06, F.S., in
45 references thereto; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Paragraph (a) of subsection (4) of section
50 381.0051, Florida Statutes, is amended to read:
51 381.0051 Family planning.—
52 (4) MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE
53 INFORMATION AND SERVICES.—
54 (a) Maternal health and contraceptive information and
55 services of a nonsurgical nature may be rendered to any minor by
56 persons licensed to practice medicine under the provisions of
57 chapter 458 or chapter 459, as well as by the Department of
58 Health through its family planning program, provided the minor:
59 1. Is married;
60 2. Is a parent;
61 3. Is pregnant; or
62 4. Has the consent of a parent or legal guardian; or
63 5. May, in the opinion of the physician, suffer probable
64 health hazards if such services are not provided.
65 Section 2. Section 384.30, Florida Statutes, is amended to
66 read:
67 384.30 Minors’ consent to treatment.—
68 (1) The department and its authorized representatives, each
69 physician licensed to practice medicine under the provisions of
70 chapter 458 or chapter 459, each health care professional
71 licensed under the provisions of part I of chapter 464 who is
72 acting pursuant to the scope of his or her license, and each
73 public or private hospital, clinic, or other health facility may
74 examine and provide treatment for sexually transmissible
75 diseases to any minor, if the physician, health care
76 professional, or facility is qualified to provide such
77 examination and treatment. The consent of a parent the parents
78 or guardian guardians of a minor is not a prerequisite for an
79 examination; however, the consent of a parent or guardian is
80 required for or treatment.
81 (2) The fact of consultation, examination, and treatment of
82 a minor for a sexually transmissible disease is confidential and
83 exempt from the provisions of s. 119.07(1) and may shall not be
84 divulged in any direct or indirect manner, such as sending a
85 bill for a consultation or examination services rendered to a
86 parent or guardian, except as provided in s. 384.29.
87 Section 3. Paragraph (a) of subsection (3) of section
88 394.459, Florida Statutes, is amended to read:
89 394.459 Rights of patients.—
90 (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
91 (a)1. Each patient entering treatment shall be asked to
92 give express and informed consent for admission or treatment. If
93 the patient has been adjudicated incapacitated or found to be
94 incompetent to consent to treatment, express and informed
95 consent to treatment shall be sought instead from the patient’s
96 guardian or guardian advocate. If the patient is a minor,
97 express and informed consent for admission or treatment shall
98 also be requested from the patient’s guardian. Express and
99 informed consent for admission or treatment of a patient under
100 18 years of age shall be required from the patient’s guardian,
101 unless the minor is seeking outpatient crisis intervention
102 services under s. 394.4784. Express and informed consent for
103 admission or treatment given by a patient who is under 18 years
104 of age shall not be a condition of admission when the patient’s
105 guardian gives express and informed consent for the patient’s
106 admission pursuant to s. 394.463 or s. 394.467.
107 2. Before giving express and informed consent, the
108 following information shall be provided and explained in plain
109 language to the patient, or to the patient’s guardian if the
110 patient is 18 years of age or older and has been adjudicated
111 incapacitated, or to the patient’s guardian advocate if the
112 patient has been found to be incompetent to consent to
113 treatment, or to both the patient and the guardian if the
114 patient is a minor: the reason for admission or treatment; the
115 proposed treatment; the purpose of the treatment to be provided;
116 the common risks, benefits, and side effects thereof; the
117 specific dosage range for the medication, when applicable;
118 alternative treatment modalities; the approximate length of
119 care; the potential effects of stopping treatment; how treatment
120 will be monitored; and that any consent given for treatment may
121 be revoked orally or in writing before or during the treatment
122 period by the patient or by a person who is legally authorized
123 to make health care decisions on behalf of the patient.
124 Section 4. Section 394.4784, Florida Statutes, is repealed.
125 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 teams 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 challenges 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 transition
149 to ongoing services.
150 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 confidentiality 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 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 limited 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 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 services 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 (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 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 instruction 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 instruction 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 student’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 be notified about a change
274 in his or her student’s services or monitoring as provided by
275 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 questionnaire 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 parent
287 to notify the principal, or his or her designee, regarding
288 concerns under this paragraph at his or her student’s school and
289 the process for resolving those concerns within 7 calendar days
290 after notification by the parent.
291 a. At a minimum, the procedures must require that within 30
292 days after notification by the parent that the concern remains
293 unresolved, the school district must either resolve the concern
294 or provide a statement of the reasons for not resolving the
295 concern.
296 b. If a concern is not resolved by the school 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 standing and who has at least 5 years’ experience in
301 administrative law. The special magistrate shall determine 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 request
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 website
320 policies to notify parents of the procedures required under this
321 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 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 rights.—
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 crime
338 committed against the minor child;
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 specific
345 health care decisions for himself or herself as provided in ss.
346 743.01, 743.015, 743.06, 743.065, 743.066, and 743.067;
347 4. A parent cannot be located and another person is
348 authorized by law to make health care decisions as provided in
349 s. 743.0645;
350 5. The minor child is receiving emergency medical care
351 under s. 743.064, involuntary services under s. 394.463 or s.
352 397.675, or immediate, onsite behavioral health crisis services
353 under s. 394.495(7);
354 6. Circumstances exist which satisfy the requirements of
355 law for a parent’s implied consent to medical care and treatment
356 of the minor child as provided in s. 383.50; or
357 7. A court order provides otherwise prohibited by law.
358 (f) The right to access and review all medical records of
359 his or her minor child, unless prohibited by law or if the
360 parent is the subject of an investigation of a crime committed
361 against the minor child and a law enforcement agency or official
362 requests that the information not be released.
363 (h) The right to consent in writing before any record of
364 his or her minor child’s blood or deoxyribonucleic acid (DNA) is
365 created, stored, or shared, except as required by s. 943.325 or
366 s. 943.326 general law or authorized pursuant to a court order.
367 (k)1. The right to review, inspect, and consent to a survey
368 or questionnaire before such survey or questionnaire is given to
369 his or her minor child which may reveal information concerning
370 any of the following:
371 a. Political affiliations or beliefs of the child or the
372 child’s family;
373 b. Mental or psychological problems of the child or the
374 child’s family;
375 c. Sexual behavior or attitudes;
376 d. Illegal, antisocial, self-incriminating, or demeaning
377 behavior;
378 e. Critical appraisals of any other individual with whom
379 the child has a close family relationship;
380 f. Legally recognized privileged or analogous
381 relationships, such as those of lawyers, physicians, and
382 ministers;
383 g. Religious practices, affiliations, or beliefs of the
384 child or child’s parent; or
385 h. Income, other than that required by law to determine
386 eligibility for participation in a program or for receiving
387 financial assistance under such program.
388 2. The right to know, at the time consent is provided, the
389 purpose of the survey or questionnaire, how the information will
390 be used, and the extent to which the information will be shared
391 and redisclosed and to whom.
392
393 This paragraph does not apply when a parent does not have the
394 right to make health care decisions for his or her minor child
395 pursuant to paragraph (e).
396 (l) The right to consent in writing to the use of a
397 biofeedback device on his or her minor child. As used in this
398 paragraph, the term “biofeedback device” means an instrument or
399 a sensor used to measure bodily functions, such as heart rate
400 variability, brain waves, or breathing rate, outside of a health
401 care facility or provider’s office, for the purpose of improving
402 performance. If the parent consents to the use of the device,
403 all results must be provided to the parent and must otherwise be
404 held as a confidential medical record.
405 Section 11. Subsections (1) and (2) of section 1014.06,
406 Florida Statutes, are amended to read:
407 1014.06 Parental consent for health care services.—
408 (1) Except as otherwise provided in s. 1014.04(1)(e) or by
409 a court order law, a health care practitioner, as defined in s.
410 456.001, or an individual employed by such health care
411 practitioner may not provide or solicit or arrange to provide
412 health care services or prescribe medicinal drugs to a minor
413 child without first obtaining written parental consent.
414 (2) Except as otherwise provided in s. 1014.04(1)(e) by law
415 or by a court order, a provider, as defined in s. 408.803, may
416 not allow a medical procedure to be performed on a minor child
417 in its facility without first obtaining written parental
418 consent.
419 Section 12. For the purpose of incorporating the amendment
420 made by this act to section 1014.06, Florida Statutes, in a
421 reference thereto, paragraph (f) of subsection (3) of section
422 408.813, Florida Statutes, is reenacted to read:
423 408.813 Administrative fines; violations.—As a penalty for
424 any violation of this part, authorizing statutes, or applicable
425 rules, the agency may impose an administrative fine.
426 (3) The agency may impose an administrative fine for a
427 violation that is not designated as a class I, class II, class
428 III, or class IV violation. Unless otherwise specified by law,
429 the amount of the fine may not exceed $500 for each violation.
430 Unclassified violations include:
431 (f) Violating the parental consent requirements of s.
432 1014.06.
433 Section 13. For the purpose of incorporating the amendment
434 made by this act to section 1014.06, Florida Statutes, in a
435 reference thereto, paragraph (rr) of subsection (1) of section
436 456.072, Florida Statutes, is reenacted to read:
437 456.072 Grounds for discipline; penalties; enforcement.—
438 (1) The following acts shall constitute grounds for which
439 the disciplinary actions specified in subsection (2) may be
440 taken:
441 (rr) Failure to comply with the parental consent
442 requirements of s. 1014.06.
443 Section 14. This act shall take effect July 1, 2026.