THE BILL ITSELF
SB 166
Parental Rights
Florida Senate - 2026 SB 166 By Senator Grall 29-00132-26 2026166__
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A bill to be entitled
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An act relating to parental rights; amending s.
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381.0051, F.S.; revising requirements for the
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provision of maternal health and contraceptive
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information and services to minors; amending s.
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384.30, F.S.; requiring consent from a parent or
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guardian for a minor’s treatment for certain diseases;
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amending s. 394.459, F.S.; conforming a provision to
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changes made by the act; repealing s. 394.4784, F.S.,
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relating to minors’ access to outpatient crisis
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intervention services and treatment; amending s.
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394.495, F.S.; requiring consent from a parent or
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guardian for certain services provided by a mobile
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response team; amending s. 397.431, F.S.; revising
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responsibility for the cost of certain substance abuse
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services; amending s. 397.501, F.S.; revising
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requirements for consent to disclosure of individual
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records; amending s. 397.601, F.S.; revising
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requirements for voluntary admission for substance
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abuse impairment services; amending s. 1001.42, F.S.;
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requiring school districts to provide parents with
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specified information before the district administers
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certain questionnaires or forms to students; requiring
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school districts to give parents an opportunity to opt
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their students out of such questionnaire or form;
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amending s. 1014.04, F.S.; revising exceptions for
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certain parental rights; providing that a parent has
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the right to review, inspect, and consent to a
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specified survey or questionnaire before the survey or
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questionnaire is provided to the parent’s minor child;
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providing that a parent has the right to certain
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information about the survey or questionnaire at the
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time consent is provided; providing applicability;
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providing that a parent has the right to consent in
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writing to the use of a biofeedback device on the
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parent’s minor child; defining the term “biofeedback
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device”; requiring that the results from the use of
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such device be provided to a parent and be held as a
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confidential medical record; amending s. 1014.06,
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F.S.; revising exceptions for specified requirements
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of parental consent; reenacting ss. 408.813(3)(f) and
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456.072(1)(rr), F.S., relating to administrative fines
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and grounds for discipline, respectively, to
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incorporate the amendment made to s. 1014.06, F.S., in
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references thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (4) of section
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381.0051, Florida Statutes, is amended to read:
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381.0051 Family planning.—
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(4) MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE
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INFORMATION AND SERVICES.—
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(a) Maternal health and contraceptive information and
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services of a nonsurgical nature may be rendered to any minor by
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persons licensed to practice medicine under the provisions of
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chapter 458 or chapter 459, as well as by the Department of
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Health through its family planning program, provided the minor:
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1. Is married;
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2. Is a parent;
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3. Is pregnant; or
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4. Has the consent of a parent or legal guardian ; or
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5. May, in the opinion of the physician, suffer probable
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health hazards if such services are not provided .
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Section 2. Section 384.30, Florida Statutes, is amended to
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read:
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384.30 Minors’ consent to treatment.—
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(1) The department and its authorized representatives, each
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physician licensed to practice medicine under the provisions of
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chapter 458 or chapter 459, each health care professional
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licensed under the provisions of part I of chapter 464 who is
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acting pursuant to the scope of his or her license, and each
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public or private hospital, clinic, or other health facility may
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examine and provide treatment for sexually transmissible
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diseases to any minor, if the physician, health care
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professional, or facility is qualified to provide such
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examination and treatment. The consent of a parent the parents
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or guardian guardians of a minor is not a prerequisite for an
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examination ; however, the consent of a parent or guardian is
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required for or treatment.
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(2) The fact of consultation, examination, and treatment of
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a minor for a sexually transmissible disease is confidential and
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exempt from the provisions of s. 119.07(1) and may shall not be
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divulged in any direct or indirect manner, such as sending a
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bill for a consultation or examination services rendered to a
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parent or guardian, except as provided in s. 384.29.
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Section 3. Paragraph (a) of subsection (3) of section
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394.459, Florida Statutes, is amended to read:
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394.459 Rights of patients.—
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(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
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(a)1. Each patient entering treatment shall be asked to
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give express and informed consent for admission or treatment. If
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the patient has been adjudicated incapacitated or found to be
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incompetent to consent to treatment, express and informed
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consent to treatment shall be sought instead from the patient’s
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guardian or guardian advocate. If the patient is a minor,
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express and informed consent for admission or treatment shall
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also be requested from the patient’s guardian. Express and
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informed consent for admission or treatment of a patient under
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18 years of age shall be required from the patient’s guardian ,
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unless the minor is seeking outpatient crisis intervention
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services under s. 394.4784 . Express and informed consent for
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admission or treatment given by a patient who is under 18 years
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of age shall not be a condition of admission when the patient’s
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guardian gives express and informed consent for the patient’s
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admission pursuant to s. 394.463 or s. 394.467.
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2. Before giving express and informed consent, the
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following information shall be provided and explained in plain
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language to the patient, or to the patient’s guardian if the
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patient is 18 years of age or older and has been adjudicated
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incapacitated, or to the patient’s guardian advocate if the
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patient has been found to be incompetent to consent to
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treatment, or to both the patient and the guardian if the
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patient is a minor: the reason for admission or treatment; the
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proposed treatment; the purpose of the treatment to be provided;
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the common risks, benefits, and side effects thereof; the
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specific dosage range for the medication, when applicable;
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alternative treatment modalities; the approximate length of
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care; the potential effects of stopping treatment; how treatment
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will be monitored; and that any consent given for treatment may
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be revoked orally or in writing before or during the treatment
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period by the patient or by a person who is legally authorized
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to make health care decisions on behalf of the patient.
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Section 4. Section 394.4784, Florida Statutes, is repealed.
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Section 5. Paragraph (b) of subsection (7) of section
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394.495, Florida Statutes, is amended to read:
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394.495 Child and adolescent mental health system of care;
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programs and services.—
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(7)
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(b) A mobile response team shall, at a minimum:
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1. Triage new requests to determine the level of severity
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and prioritize new requests that meet the clinical threshold for
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an in-person response. To the extent permitted by available
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resources, mobile response teams must provide in-person
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responses to such calls meeting such clinical level of response
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within 60 minutes after prioritization.
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2. Respond to a crisis in the location where the crisis is
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occurring.
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3. Provide behavioral health crisis-oriented services that
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are responsive to the needs of the child, adolescent, or young
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adult and his or her family.
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4. Provide evidence-based practices to children,
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adolescents, young adults, and families to enable them to de
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escalate and respond to behavioral challenges that they are
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facing and to reduce the potential for future crises.
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5. Provide screening, standardized assessments, early
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identification, and referrals to community services.
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6. Provide care coordination by facilitating the transition
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to ongoing services.
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7. Ensure there is a process in place for informed consent
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and confidentiality compliance measures. Consent of a parent or
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guardian is required for services provided by the mobile
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response team after the immediate, onsite behavioral health
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crisis services, including, but not limited to, the provision of
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additional evidence-based services subsequent to the crisis
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event, referrals to community services, and care coordination.
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8. Promote information sharing and the use of innovative
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technology.
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9. Coordinate with the applicable managing entity to
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establish informal partnerships with key entities providing
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behavioral health services and supports to children,
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adolescents, or young adults and their families to facilitate
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continuity of care.
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Section 6. Subsections (1) and (3) of section 397.431,
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Florida Statutes, are amended to read:
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397.431 Individual responsibility for cost of substance
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abuse impairment services.—
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(1) Before accepting an individual for admission and in
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accordance with confidentiality guidelines, both the full charge
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for services and the fee charged to the individual for such
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services under the provider’s fee system or payment policy must
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be disclosed to each individual or his or her authorized
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personal representative, or parent or legal guardian if the
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individual is a minor who did not seek treatment voluntarily and
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without parental consent .
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(3) The parent, legal guardian, or legal custodian of a
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minor is not liable for payment for any substance abuse services
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provided to the minor without parental consent pursuant to s.
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397.601(4), unless the parent, legal guardian, or legal
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custodian participates or is ordered to participate in the
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services, and only for the substance abuse services rendered. If
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the minor is receiving services as a juvenile offender, the
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obligation to pay is governed by the law relating to juvenile
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offenders.
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Section 7. Paragraph (e) of subsection (7) of section
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397.501, Florida Statutes, is amended to read:
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397.501 Rights of individuals.—Individuals receiving
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substance abuse services from any service provider are
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guaranteed protection of the rights specified in this section,
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unless otherwise expressly provided, and service providers must
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ensure the protection of such rights.
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(7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
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(e)1. Since a minor acting alone has the legal capacity to
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voluntarily apply for and obtain substance abuse treatment, any
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written consent for disclosure may be given only by the minor.
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This restriction includes, but is not limited to, any disclosure
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of identifying information to the parent, legal guardian, or
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custodian of a minor for the purpose of obtaining financial
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reimbursement.
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2. When the consent of a parent, legal guardian, or
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custodian is required under this chapter in order for a minor to
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obtain substance abuse treatment, any written consent for
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disclosure must be given by both the minor and the parent, legal
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guardian, or custodian.
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Section 8. Subsection (4) of section 397.601, Florida
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Statutes, is amended to read:
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397.601 Voluntary admissions.—
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(4) (a) The disability of minority for persons under 18
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years of age is removed solely for the purpose of obtaining
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voluntary substance abuse impairment services from a licensed
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service provider, and consent to such services by a minor has
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the same force and effect as if executed by an individual who
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has reached the age of majority. Such consent is not subject to
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later disaffirmance based on minority.
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(b) Except for purposes of law enforcement activities in
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connection with protective custody, the disability of minority
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is not removed if there is For an involuntary admission of a
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minor for substance abuse services, in which case parental
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participation may be required as the court finds appropriate.
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Section 9. Paragraph (c) of subsection (8) of section
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1001.42, Florida Statutes, is amended to read:
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1001.42 Powers and duties of district school board.—The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(8) STUDENT WELFARE.—
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(c)1. In accordance with the rights of parents enumerated
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in ss. 1002.20 and 1014.04, adopt procedures for notifying a
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student’s parent if there is a change in the student’s services
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or monitoring related to the student’s mental, emotional, or
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physical health or well-being and the school’s ability to
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provide a safe and supportive learning environment for the
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student. The procedures must reinforce the fundamental right of
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parents to make decisions regarding the upbringing and control
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of their children by requiring school district personnel to
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encourage a student to discuss issues relating to his or her
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well-being with his or her parent or to facilitate discussion of
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the issue with the parent. The procedures may not prohibit
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parents from accessing any of their student’s education and
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health records created, maintained, or used by the school
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district, as required by s. 1002.22(2).
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2. A school district may not adopt procedures or student
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support forms that prohibit school district personnel from
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notifying a parent about his or her student’s mental, emotional,
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or physical health or well-being, or a change in related
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services or monitoring, or that encourage or have the effect of
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encouraging a student to withhold from a parent such
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information. School district personnel may not discourage or
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prohibit parental notification of and involvement in critical
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decisions affecting a student’s mental, emotional, or physical
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health or well-being. This subparagraph does not prohibit a
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school district from adopting procedures that permit school
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personnel to withhold such information from a parent if a
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reasonably prudent person would believe that disclosure would
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result in abuse, abandonment, or neglect, as those terms are
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defined in s. 39.01.
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3. Classroom instruction by school personnel or third
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parties on sexual orientation or gender identity may not occur
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in prekindergarten through grade 8, except when required by ss.
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1003.42(2)(o)3. and 1003.46. If such instruction is provided in
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grades 9 through 12, the instruction must be age-appropriate or
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developmentally appropriate for students in accordance with
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state standards. This subparagraph applies to charter schools.
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4. Student support services training developed or provided
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by a school district to school district personnel must adhere to
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student services guidelines, standards, and frameworks
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established by the Department of Education.
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5. At the beginning of the school year, each school
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district shall notify parents of each health care service
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offered at their student’s school and the option to withhold
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consent or decline any specific service in accordance with s.
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1014.06. Parental consent to a health care service does not
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waive the parent’s right to access his or her student’s
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educational or health records or to be notified about a change
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in his or her student’s services or monitoring as provided by
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this paragraph.
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6. Except as provided in s. 1014.04(1)(k), before
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administering any a student well-being , mental health, or health
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screening questionnaire or health screening form to a student in
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kindergarten through grade 12 3 , the school district must
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provide the questionnaire or health screening form to the
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parent , either electronically or in paper form, and notify the
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parent of the date or time period when the questionnaire or form
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will be administered. The school district must give the parent
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an opportunity to opt his or her student out of participation
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and obtain the permission of the parent .
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7. Each school district shall adopt procedures for a parent
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to notify the principal, or his or her designee, regarding
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concerns under this paragraph at his or her student’s school and
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the process for resolving those concerns within 7 calendar days
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after notification by the parent.
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a. At a minimum, the procedures must require that within 30
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days after notification by the parent that the concern remains
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unresolved, the school district must either resolve the concern
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or provide a statement of the reasons for not resolving the
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concern.
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b. If a concern is not resolved by the school district, a
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parent may:
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(I) Request the Commissioner of Education to appoint a
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special magistrate who is a member of The Florida Bar in good
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standing and who has at least 5 years’ experience in
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administrative law. The special magistrate shall determine facts
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relating to the dispute over the school district procedure or
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practice, consider information provided by the school district,
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and render a recommended decision for resolution to the State
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Board of Education within 30 days after receipt of the request
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by the parent. The State Board of Education must approve or
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reject the recommended decision at its next regularly scheduled
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meeting that is more than 7 calendar days and no more than 30
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days after the date the recommended decision is transmitted. The
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costs of the special magistrate shall be borne by the school
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district. The State Board of Education shall adopt rules,
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including forms, necessary to implement this subparagraph.
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(II) Bring an action against the school district to obtain
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a declaratory judgment that the school district procedure or
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practice violates this paragraph and seek injunctive relief. A
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court may award damages and shall award reasonable attorney fees
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and court costs to a parent who receives declaratory or
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injunctive relief.
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c. Each school district shall adopt and post on its website
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policies to notify parents of the procedures required under this
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subparagraph.
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d. Nothing contained in this subparagraph shall be
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construed to abridge or alter rights of action or remedies in
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equity already existing under the common law or general law.
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Section 10. Paragraphs (e), (f), and (h) of subsection (1)
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of section 1014.04, Florida Statutes, are amended, and
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paragraphs (k) and (l) are added to that subsection, to read:
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1014.04 Parental rights.—
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(1) All parental rights are reserved to the parent of a
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minor child in this state without obstruction or interference
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from the state, any of its political subdivisions, any other
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governmental entity, or any other institution, including, but
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not limited to, all of the following rights of a parent of a
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minor child in this state:
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(e) The right to make health care decisions for his or her
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minor child, unless :
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1. The parent is the subject of an investigation of a crime
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committed against the minor child;
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2. The minor child has been maintained in an out-of-home
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placement by the Department of Children and Families and the
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department has the minor child examined for injury, illness, and
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communicable diseases and to determine the need for
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immunization;
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3. The minor child is authorized by law to make specific
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health care decisions for himself or herself as provided in ss.
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743.01, 743.015, 743.06, 743.065, 743.066, and 743.067;
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4. A parent cannot be located and another person is
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authorized by law to make health care decisions as provided in
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s. 743.0645;
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5. The minor child is receiving emergency medical care
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under s. 743.064, involuntary services under s. 394.463 or s.
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397.675, or immediate, onsite behavioral health crisis services
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under s. 394.495(7);
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6. Circumstances exist which satisfy the requirements of
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law for a parent’s implied consent to medical care and treatment
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of the minor child as provided in s. 383.50; or
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7. A court order provides otherwise prohibited by law .
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(f) The right to access and review all medical records of
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his or her minor child, unless prohibited by law or if the
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parent is the subject of an investigation of a crime committed
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against the minor child and a law enforcement agency or official
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requests that the information not be released.
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(h) The right to consent in writing before any record of
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his or her minor child’s blood or deoxyribonucleic acid (DNA) is
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created, stored, or shared, except as required by s. 943.325 or
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s. 943.326 general law or authorized pursuant to a court order.
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(k)1. The right to review, inspect, and consent to a survey
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or questionnaire before such survey or questionnaire is given to
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his or her minor child which may reveal information concerning
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any of the following:
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a. Political affiliations or beliefs of the child or the
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child’s family;
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b. Mental or psychological problems of the child or the
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child’s family;
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c. Sexual behavior or attitudes;
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d. Illegal, antisocial, self-incriminating, or demeaning
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behavior;
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e. Critical appraisals of any other individual with whom
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the child has a close family relationship;
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f. Legally recognized privileged or analogous
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relationships, such as those of lawyers, physicians, and
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ministers;
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g. Religious practices, affiliations, or beliefs of the
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child or child’s parent; or
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h. Income, other than that required by law to determine
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eligibility for participation in a program or for receiving
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financial assistance under such program.
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2. The right to know, at the time consent is provided, the
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purpose of the survey or questionnaire, how the information will
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be used, and the extent to which the information will be shared
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and redisclosed and to whom.
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This paragraph does not apply when a parent does not have the
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right to make health care decisions for his or her minor child
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pursuant to paragraph (e).
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(l) The right to consent in writing to the use of a
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biofeedback device on his or her minor child. As used in this
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paragraph, the term “biofeedback device” means an instrument or
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a sensor used to measure bodily functions, such as heart rate
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variability, brain waves, or breathing rate, outside of a health
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care facility or provider’s office, for the purpose of improving
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performance. If the parent consents to the use of the device,
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all results must be provided to the parent and must otherwise be
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held as a confidential medical record.
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Section 11. Subsections (1) and (2) of section 1014.06,
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Florida Statutes, are amended to read:
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1014.06 Parental consent for health care services.—
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(1) Except as otherwise provided in s. 1014.04(1)(e) or by
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a court order law , a health care practitioner, as defined in s.
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456.001, or an individual employed by such health care
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practitioner may not provide or solicit or arrange to provide
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health care services or prescribe medicinal drugs to a minor
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child without first obtaining written parental consent.
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(2) Except as otherwise provided in s. 1014.04(1)(e) by law
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or by a court order, a provider, as defined in s. 408.803, may
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not allow a medical procedure to be performed on a minor child
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in its facility without first obtaining written parental
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consent.
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Section 12. For the purpose of incorporating the amendment
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made by this act to section 1014.06, Florida Statutes, in a
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reference thereto, paragraph (f) of subsection (3) of section
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408.813, Florida Statutes, is reenacted to read:
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408.813 Administrative fines; violations.—As a penalty for
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any violation of this part, authorizing statutes, or applicable
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rules, the agency may impose an administrative fine.
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(3) The agency may impose an administrative fine for a
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violation that is not designated as a class I, class II, class
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III, or class IV violation. Unless otherwise specified by law,
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the amount of the fine may not exceed $500 for each violation.
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Unclassified violations include:
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(f) Violating the parental consent requirements of s.
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1014.06.
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Section 13. For the purpose of incorporating the amendment
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made by this act to section 1014.06, Florida Statutes, in a
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reference thereto, paragraph (rr) of subsection (1) of section
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456.072, Florida Statutes, is reenacted to read:
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456.072 Grounds for discipline; penalties; enforcement.—
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(1) The following acts shall constitute grounds for which
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the disciplinary actions specified in subsection (2) may be
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taken:
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(rr) Failure to comply with the parental consent
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requirements of s. 1014.06.
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Section 14. This act shall take effect July 1, 2026.