The Senate Rules Committee has passed a measure that Republican backers say will strengthen parental rights in Florida, sending it to the Senate floor.

Fort Pierce Republican Sen. Erin Grall presented the bill (SB 1288), which requires parental consent for minors in various instances, including medical treatments, the use of biofeedback devices and the administration of surveys or questionnaires.

The legislation would require parental consent for minors receiving medical treatment for sexually transmissible diseases.

The committee adopted an amendment that removed the survey and questionnaire language from the bill and instead amended a subsection in the education code to require parental notification and the opportunity for a parent to opt out of well-being or mental health or health screening questionnaires for K-12 students.

The bill would further add that a parent would not have the right to make health decisions for their child if a court orders otherwise. Written consent must also be provided before a child’s blood or DNA records are created, stored or shared. However, there are specific legal exceptions.

Biofeedback devices are defined as instruments that measure bodily functions like heartbeat or brain waves. These devices would be prohibited for use on minors without parental consent, and if authorized by a parent, the results must be shared with the parent and be treated as a confidential medical record.

Grall explained that health care providers would further be restricted from performing any medical procedures on a minor without first getting written consent from the parent. The exception would be in cases of an emergency or court orders. Violations of parental consent by health care professionals could result in fines and could be grounds for discipline for both the practitioners and the facilities.

During questions, Boynton Beach Democratic Sen. Lori Berman asked Grall why certain provisions had been removed.

“I’m just trying to clarify, why we are taking out all those things that say ‘unless otherwise prohibited by law’ in the bill?” Berman asked.

In response, Grall said that parents are probably the best people to have involved with their child’s treatment, especially when it comes to certain allergies to medications their child might have but might not know about.

“There are a number of systems that intersect with our children and divide the parent-child relationship,” Grall said. “The parent is the best one suited to direct that treatment and care. For example, if a child has syphilis, and needs the treatment for that is penicillin, a shot of penicillin, if that child is allergic and does not know that they are allergic, then they can have an anaphylactic response to that treatment.”

Grall said the bill would allow parents to have the opportunity to participate in their child’s care and any ongoing treatment that may result from that.

“Any ongoing treatment, if the child is HIV positive and needs different types of ongoing treatment,” Grall said, “these are all things a parent is ultimately responsible for, that treatment and care in the home, and should be given the opportunity to participate in that care to advise the child, as opposed to a system that comes and says, ‘In fact, we actually know better than your parent.’ And so, that is what this bill seeks to do with regard to different health care components.”

Berman then asked if the bill would be nullifying provisions in health care laws that would allow for treatment without consent.

“Won’t that be confusing for health care providers to have the laws on the books saying that they provide treatment but now in the education code there’s an oblique removal?” Berman asked.

Grall said in response that yes, they would nullify provisions.

“Yes, I think that it is in fact, it would supersede some existing laws on the books and in an ideal world, I agree that I would like to see some of the underlying statutes changed in their entirety,” Grall said.

John Harris Mauer on behalf of Equality Florida opposed the bill and said that while they value parental rights, the legislation could put vulnerable children at risk if they do not, in fact, have a supportive environment at home.

“Equality Florida opposes SB 1288,” Harris Mauer said. “We deeply value parental rights; there are many parents who are phenomenal advocates for their children. But we know that’s not always the case. Even in some supportive households, there are vulnerable young people who cannot or simply do not feel comfortable talking to their parents about issues like STIs or severe mental health struggles.”

Harris Mauer added that minors who are not able to get treatment could suffer long term health effects.

“Please don’t punish those young people by requiring communication that is or feels impossible with their parents if they want health care,” Harris Mauer said.

“If a young person is not comfortable with involving a parent out of fear, shame or guilt, this bill makes them suffer the health consequences alone, without the long-standing exceptions provided by law. This bill says we would rather a young person suffer potentially serious and long-standing mental and physical health consequences than be able to get help from a highly trained professional where they are willing to do so.”

Kara Gross, Legislative Director and Senior Policy Counsel for the Florida chapter of the American Civil Liberties Union, opposed the bill and said she disagreed that health care professionals should be required to withhold treatment without parental consent.

“This bill will endanger the health of minor children in the name of parental rights,” Gross said.

“Make this make sense. Under this bill, if medical professionals determine that a minor has an STI, they would be required to withhold treatment that could quickly treat the STI. At the very least, this bill should explicitly provide that if the health provider is unable to reach the parent, that they can still provide the health care to the minor.”

Gross added that delaying treatment for STIs can lead to significant health consequences for minors, including infertility, and can result in increased transmission.

“Are we really requiring doctors to turn away a minor with an untreated STI?” Gross asked.

Pam Westling, a family nurse practitioner and parent, supported the bill and said during her years working as a health care professional, evidence shows family involvement helps foster better outcomes.

“I have had a wide-ranging career, caring for people of all ages,” Westling said.

“I have worked from ICUs to primary care and community health centers, and I have found that including families in their care promotes well-being and faster recovery. Based on my empirical experience over 40 years, and many studies done in nursing, medical and psychological literature, we know that supporting the family unit is central to the well-being and the health of the child and the entire family unit.”

During the bill’s debate, Berman said she had seen this bill many times and strongly opposed the bill every time it came up.

“The vulnerable children that we’re really putting at risk here with this bill,” Berman said.

“I did a little research on STIs just to see what happens if they’re untreated. So, if you have chlamydia and it’s untreated, you can get pelvic inflammatory disease, infertility. If you have syphilis, and it’s untreated, and it’s late stage, you could have damage to your brain, your nerves, your heart and other organs. Pregnancy for syphilis can cause miscarriage, still birth or birth defects. HPV can cause cervical cancer. HIV can lead to full blown AIDS if it’s not treated.”

Berman added that minors would have their health put at risk if the bill was passed because not all children can go to their parents to talk.

“We have a lot of situations where we are putting children’s health in extreme risk by making them have to go to their parents for the actual treatment,” Berman said. “You know, I asked the question, and I was told, well they might have an allergy. I would hope that we tell our children what their allergies are and that they can be the ones who talk to their doctors and find out what is going on.”

In closing, Grall said that it is frustrating that those who oppose the bill focus on the sexual activity of minors.

“I personally have been focused on parental rights for a number of years, and my issue is I don’t want anybody else talking with my children about those things,” Grall said. “That’s my job, and right now there are systems that come up, and instead of the parent being there as a first educator, there are systems that introduce to all children, very early, and it’s a one-size-fits-all.”

Grall said there is no excuse for some of the heartbreaking stories that were shared by the bill’s opponents but added that not all parents should have their parental rights ignored because of this.

“I do think that people come to this issue with a pure heart, and understand that we do have vulnerable children, our systems for mandatory reporting are clearly not working, all the way around,” Grall said.

“There is no excuse for some of the horrific, horrific stories we have heard. None. We can’t take away the due process rights of all parents because people aren’t using the systems we have in place. We can’t legislate only for the most vulnerable and ignore the rights of all families.”

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Last Call – A prime-time read of what’s going down in Florida politics.

First Shot

Higher education bills continue to move through the Legislature.

The Senate is advancing its own higher education bill, SB 1726. The legislation, sponsored by Republican Sen. Alexis Calatayud, has two new amendments.

One of them removes the requirement for a public policy office at universities.

The other removes the requirement for the Institute for Freedom in the Americas to partner with the Adam Smith Center for Economic Freedom.

Presidential searches were a topic of discussion, with Republican Sen. Blaise Ingoglia noting a key difference from the House bill just passed, which Gov. Ron DeSantis vowed to veto last week.

The House resoundingly approved HB 1321, which would publicize all presidential candidates’ identities, stop the Governor from discussing openings and lobbying for connected candidates with leadership of state colleges and universities, and let university Boards pick their Presidents rather than the Board of Governors (BOG).

Calatayud confirmed that the process on the Senate bill is “in the shade,” though the final three presidential candidates “are recommended for the public to see” in a manner consistent with current law. The House product offers full visibility on the field of candidates overall.

A university’s Board of Trustees, not the BOG, would make that final selection.

Read more on Florida Politics.

Evening Reads

—”Francis, the first Latin American Pope, dies at 88” via Jason Horowitz and Jim Yardley of The New York Times

—”Told to rest, Francis kept working: The Pope’s hectic last day” via Chico Harlan and William Booth of The Washington Post

—”What the next Pope could mean about the future of the Catholic Church” via Katherine Kelaidis of Vox

—”Papal transition: Traditional path sharply defined” via Daniel J. Wakin of The New York Times

—”Florida political leaders mourn Pope Francis” via Jacob Ogles of Florida Politics

—”Turns out it wasn’t such a great idea to put Pete Hegseth in charge of the military” via Ryan Bort and Asawin Suebsaeng of Rolling Stone

—“Don Gaetz: Senate won’t confirm two of Ron DeSantis’ top health care secretaries” via Christine Sexton of the Florida Phoenix

—“Report: Safety Net hospitals top statewide, national Match Rates” via Drew Wilson of Florida Politics

—”Florida TaxWatch celebrates Taxpayer Independence Day” via Drew Dixon of Florida Politics

—“You have to rent ‘Conclave’ today, because streaming is messier than ever” via Manisha Krishan of WIRED

Quote of the Day

“I’d have a hard time voting for Secretary Harris unless she came clean and had a very different story than what she’s telling the House.”

— Sen. Don Gaetz, saying the Senate won’t confirm Shevaun Harris as AHCA Secretary.

Put it on the Tab

Look to your left, then look to your right. If you see one of these people at your happy hour haunt, flag down the bartender and put one of these on your tab. Recipes included, just in case the Cocktail Codex fell into the well.

Sen. Nick DiCeglie gets a Paw Paw now that his pet insurance overhaul is set to become law. While you’re at it, send one to Rep. Kaylee Tuck for carrying the House companion.

As best we know, there’s no official drink for Taxpayer Independence Day, so why not make it a Fresh Picked Freedom?

Send a round of Better Halves for Jacksonville City Hall, which recently announced the city has cut the homeless population by 49% year-over-year.

Breakthrough Insights

Tune In

Marlins open set with Reds

The Miami Marlins open a three-game series at home against the Cincinnati Reds tonight (6:40 p.m. ET, FanDuel Sports Network-Florida).

The Marlins snapped a five-game losing streak yesterday with a 7-5 extra innings win over the Philadelphia Phillies. Left fielder Javier Sanoja hit his first major league home run and drove in five runs in the victory.

Max Meyer (1-2, 2.63 ERA) is scheduled to start the game for the Marlins. In his last start, Meyer allowed three runs in five innings in a 6-2 loss to the Arizona Diamondbacks. He has pitched into the sixth inning in each of his four starts this season.

The Reds will counter with Nick Lodolo (2-1, 2.31 ERA), who exited his last game in the fifth, his shortest outing of the season. In three of his four starts, the Reds have been involved in a one-run game, including a 1-0 loss to Milwaukee and a 1-0 win over the San Francisco Giants. 

First baseman Matt Mervis has provided most of the pop in the Miami lineup this season. Mervis has hit six home runs while the rest of the team has managed 10 combined. Mervis is tied for 11th in the National League in homers.

After the series, the Marlins will play six straight games on the West Coast, including three in Seattle and three in Los Angeles against the Dodgers.

___

Last Call is published by Peter Schorsch, assembled and edited by Phil Ammann and Drew Wilson, with contributions from the staff of Florida Politics.

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Legislation to limit near-port anchoring is dead in the water after its sponsor opted to no longer pursue its passage this Session.

Rep. Chip LaMarca told Florida Politics he decided to halt consideration of the bill (HB 795) due to feedback he got from the state’s many water-faring residents.

He said the bill may return next year as local legislation from the Palm Beach County delegation “with more specific parameters to address port safety issues.”

“As a lifelong boater myself, as well as a local elected official in Broward, I am always looking to make this the best place for boaters,” said LaMarca, a Lighthouse Point Republican who in late 2023 was floated as the next Port Everglades Director.

“This bill was specifically written towards the safety of our Florida seaports. However, with the different makeup of each seaport layout, we were not able to effectively address the safety issue with this legislation as written. I would suggest that the Port of Palm Beach come back and work to address the safety issue without jeopardizing the safe boating public.”

HB 795 and its upper-chamber companion (SB 594) by Doral Republican Sen. Ana Maria Rodriguez would establish new regulations for no-anchoring and no-mooring zones near state seaports.

The types of vessels and how stringent anchoring restrictions could differ between the two bills. HB 795 would apply to uninsured boats anchored for more than 45 days in port-adjacent waters and encompass a surrounding area of up to 1,750 feet from the navigational harbor.

SB 594, meanwhile, would apply to all anchoring vessels within 2,500 feet of a seaport entrance, pier or wharf adjacent to a harbor channel or turning basin.

Under both bills, each seaport would have to hold two public hearings and apply to the Florida Fish and Wildlife Conservation Commission before establishing a no-mooring and no-anchoring zone.

Proponents of the legislation say more needs to be done to ensure safe, unimpeded operations in and around seaports while also protecting sensitive marine habitats. Its opponents argue the changes are unnecessary, conflict with federal laws like the Maritime Transportation Security Act of 2002 — which, among other things, established certain no anchoring zones and empowered the U.S. Coast Guard to create others around vessels and port facilities — and leave long-term boat dwellers with little elsewhere to live at sea.

Wally Moran, a longtime boater, sailing writer and President of the Cruisers’ Rights Network, said these and other boat-focused bills lawmakers are considering would create a confusing patchwork of maritime rules even the most experienced captains would have trouble following.

“(This) appears to be less about maritime safety and more about eliminating inconvenience for Palm Beach’s elite,” he wrote March 20, adding that alternative locations for boaters moored near harbors in Palm Beach County “don’t exist.”

“Municipalities to the north and south of Palm Beach will face an influx of vessels, exacerbating their own anchorage issues,” he warned. “There are no available anchorages within 50 miles of Palm Beach that can accommodate this influx.”

SB 594 and HB 795 each cleared the first of two committees to which they were assigned.

Florida Politics contacted Rodriguez for comment but received no response by press time.

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