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.