FLORIDA

Key

[S] State law found⁵
[F] Federal/other law may apply
[B] Background information

General

[S] Age of Majority
[S] Emancipation
[S] Minor Marriage

Minor Consent to Health Care—Services

[S] Abortion³
Emergency Care
[S] [F] Family Planning/Contraceptives
[S] Outpatient Mental Health Care
[S] [F] Pregnancy-Related Care
Reportable, Communicable, Infectious Disease Care
Sexual Assault Care
[S] [F] Sexually Transmitted Infection/Disease/HIV Care
[S] Substance Use Care

Confidentiality and Disclosure

[S] [F] Confidentiality/Access to Records
[S] [F] Disclosure to Parents/Guardians
[S] [F] Insurance Claims/Billing

Minor Consent to Health Care—Minor’s Status

[S] Emancipated Minor
High School Graduate
[S] Married Minor
Minor, Age or Maturity
Minor in Armed Forces
Minor Living Apart from Parent/Guardian
Minor Parent
[S] Minor in State Custody
Pregnant Minor

Other

[S] Constitution
[B] “Conversion Therapy”⁴
[S] Emergency Care
[S] Financial Responsibility
[S] [B] Gender Affirming Care
[S] Minor Parent, Consent for Child’s Care/Parents’ Rights
[S] Unaccompanied Homeless Youth, Minor Consent

¹ The information in this chapter represents the state of the law as of May 2026 after a diligent search of statutes, regulations, case law, and guidance.

² This chapter does not address all the consent and confidentiality rules that may apply when minors are in special care situations such as living with a relative, in federal or state custody, or under court jurisdiction (including dependency, delinquency, or immigration custody).

³ This category includes parental involvement laws.

⁴ Background information only. No state law search performed.

⁵ Symbol indicates law found that allows providers to offer services without parental consent, explicitly gives minors or parents authority to consent, or affirms or restricts access to services.

Age of Majority

Fla. Stat. § 743.07 provides that the age of majority is 18 years.

Emancipation

Fla. Stat. § 743.015 provides that a court may grant emancipation or “remove the disabilities of nonage” of a minor age 16 years or older residing in Florida based on specified criteria and a petition filed by the minor’s parent or guardian or, if there is none, by a guardian ad litem. Removal of the disabilities of nonage has the effect of giving the minor the status of an adult for purposes of all laws of the state and authorizes the minor to exercise all of the rights and responsibilities of persons who are age 18 years or older.

Minor Marriage

Fla. Stat. § 741.04 provides that a minor may obtain a license to marry if they are at least 17 years of age, has the written consent of their parents, and the older party is not more than two years older. There are several procedural steps that must be taken to obtain the license.

Consent for healthcare refers to granting permission for a healthcare service.  A healthcare provider generally must obtain consent before providing care. Adults typically consent to their own healthcare, except in cases of legal incapacity. State and federal laws and court decisions help establish who has the legal authority to provide consent on behalf of minors. Typically, federal and state law require parent or guardian consent for a minor’s care. However, the laws in every state include exceptions that allow or require others to consent, in addition to or instead of a parent or guardian.  These exceptions include exceptions that allow minors to consent to some or all health care based on the minor’s “status” (situation in life) and exceptions that allow minors to consent to certain types of care based on the services sought.  Sometimes, these laws are written in a way that allows providers to offer services without parental consent; sometimes, they are written in a way that explicitly gives minors the authority to consent. Federal law also allows minors to consent to specific care in some cases.  See Appendix B for more on consent including the important role of parents and other adults in minors’ healthcare.

The following sections summarize the minor consent laws in the state:

MINOR CONSENT–MINOR STATUS

Emancipated Minor

Fla. Stat. § 743.015 provides that a court order granting emancipation or removing “the disabilities of nonage” of a minor age 16 years or older has the effect of giving the minor the status of an adult for purposes of all laws of the state and authorizes the minor to exercise all of the rights and responsibilities of persons who are age 18 years or older.

Married Minor

Fla. Stat. § 743.01 provides that minors who are or have been married are considered emancipated and may perform all acts that they could do if not a minor.

Minor in State Custody

Fla. Stat. § 743.066 provides that the “disability of nonage” of a minor adjudicated as an adult and in the custody or under the supervision of the Department of Corrections is removed, as such disability relates to health care services, except in regard to medical services relating to abortion and sterilization.

MINOR CONSENT–SERVICES

Abortion

Abortion is banned in Florida with limited exceptions. A six-week ban is currently being enforced as a result of a decision by the Florida Supreme Court in Planned Parenthood v. State, 384 So.3d 67 (Fla. 2024), and multiple additional restrictions are in place. For up to date information on the status of abortion restrictions in Florida, see Center for Reproductive Rights, After Roe Fell: Abortion Laws by State.

To the extent abortion is legally permitted, minors may obtain an abortion but the Parental Notice of and Consent for Abortion Act, Fla. Stat. § 390.01114, provides that an abortion may not be performed on an unemancipated unmarried or divorced minor who is not a parent before notice has been given to one parent or legal guardian of the pregnant minor and the parent or guardian has consented in writing. The law includes a judicial bypass and a medical emergency exception to both the consent and notice requirements; additionally, there is a provision allowing constructive notice to the parent if actual notice is not possible after a reasonable effort has been made. Prior statutory provision Fla. Stat. § 390.01115 was declared unconstitutional in North Florida Women’s Health and Counseling Services, Inc. v. State, 866 So. 2d 612 (Fla. 2003) and was repealed.  Since 2004, the Florida Constitution expressly authorizes parental notification for minors. Fl. Const. art. X, § 22. In May 2025, in Doe v Uthmeier, 407 So. 3d 1281 (Fla. 5th Dist. Ct. App. 2025), the Florida District Court of Appeal invalidated the maturity and best interest judicial waiver procedures of the judicial bypass process and certified the case to the Florida Supreme Court to review whether the procedures “comport with the rights of the pregnant minor petitioner’s parent(s).”  The Supreme Court had not issued its decision as of July 2026. It is crucial to consult counsel on this case. For up to date information on parent involvement and judicial bypass, find the “under age…” section on your state’s link in If When How’s Abortion Laws by State. 

For up to date information on the status of abortion protections and restrictions in all 50 states and DC, see Center for Reproductive Rights, After Roe Fell: Abortion Laws by State. See also Appendix C. These laws are changing rapidly, so consultation with counsel is also essential.

Family Planning/Contraceptives

Fla. Stat. § 381.0051 provides that maternal health and contraceptive information and services of a nonsurgical nature may be given to minors by licensed medical practitioners and the Department of Health, provided the minor: is married; or is a parent; or is pregnant; or has the consent of a parent or legal guardian; or in the opinion of the physician, may suffer probable health hazards if the services are not provided. Application of non-permanent internal contraceptive devices is not considered a surgical procedure.

Fla. Stat. § 381.0051 provides that except as explicitly described in statute, no medical agency or institution of the state or unit of local government shall interfere with the right of any patient or physician to use medically acceptable contraceptive procedures, supplies, or information or restrict the physician-patient relationship.

See Appendix I for information about the Title X Family Planning Program and minor consent for family planning, including contraception services. See Appendix C for discussion of contraception and the U.S. Constitution.

Outpatient Mental Health Care

Fla. Stat. § 394.4784 provides that when a minor age 13 years or older experiences an emotional crisis to such degree that they perceive the need for professional assistance, they shall have the right to request, consent to, and receive: outpatient diagnostic and evaluative mental health services by a licensed mental health professional to determine the severity of the problem and the potential for harm to the minor or others absent professional services; and outpatient crisis intervention, psychotherapy, group therapy, counseling, or other forms of verbal therapy provided by a licensed mental health professional. These services shall not include medication, somatic methods, aversive stimuli, or substantial deprivation and shall not exceed two visits in any one-week period without parental consent.

Pregnancy-Related Care

Fla. Stat. § 743.065 provides that an “unwed pregnant minor” may consent for medical or surgical care or services related to the pregnancy by a hospital, clinic, or licensed physician.

See Appendix I for information about the Title X Family Planning Program and minor consent for family planning services, including certain pregnancy-related care.

Sexually Transmitted Infection/Disease/HIV Care

Fla. Stat. § 384.30 provides that a minor may by examined and treated for sexually transmitted diseases without the consent of a parent or guardian by licensed physicians and health care professionals, the Department of Health, a public or private hospital, a clinic, or other health facility.

Fla. Admin. Code Ann. r. 64D-3.028 lists reportable sexually transmitted diseases, and includes HIV/AIDS as a sexually transmissible disease.

Fla. Admin. Code Ann. r. 64D-2.004 provides that certain minors may be tested for HIV with their own informed consent and without consent from a parent or guardian:  any minor who requests an HIV exam, test, consultation, or treatment; any minor who is age 17 years and who donated his or her blood under Fla. Stat. § 743.06; and any married minor or unmarried pregnant minor.

See Appendix I for information about the Title X Family Planning Program and minor consent for family planning, including STI/STD/HIV services.

Substance Use Care

Fla. Stat. § 397.601 provides that a minor may consent to obtain voluntary substance abuse impairment services from a licensed service provider. Fla. Stat. § 397.311 defines substance abuse as “the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications.”

Federal and state laws determine the privacy and confidentiality of medical and health information.  Different laws may apply depending on the health services provided, the source of funding, the location of care, the type of provider, and the characteristics of the patient.

One law with overarching importance is the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, a federal regulation that protects the privacy of patient health information held by health care providers who transmit certain information electronically and other “covered entities.” As a general rule, HIPAA prohibits healthcare providers from disclosing protected health information without a signed authorization. HIPAA specifies who must sign an authorization to release information. When minors have consented for their own care, HIPAA says the minors usually must sign the release. HIPAA includes exceptions that allow or require a provider to disclose protected information without an authorization in some circumstances, such as to meet state child abuse reporting requirements. HIPAA also addresses when parents and guardians may access a minor’s health information: It explains how this HIPAA rule intersects with state law and other federal laws regarding parent access, and includes rules for what to do about parent access when state law is silent, and for authorized limitations on access in some situations.

See Appendix H for a detailed discussion of HIPAA. Other appendices address other important federal health privacy laws that may apply in addition to, or instead of, HIPAA. See Appendix I (Title X, family planning), Appendix J (Part 2, substance use), Appendix K (FERPA, education records), Appendix L (insurance and billing), and Appendix M (21st Century Cures Act Information Blocking, EHI).

The following sections summarize selected state laws related to confidentiality, access to records, and disclosure to parents/guardians

CONFIDENTIALITY/ACCESS TO RECORDS

Access, Use, and Disclosure of Health Information

Fla. Stat. § 456.057 provides for the protection and disclosure of individual’s health records. Among other things, it provides  that “any health care practitioner licensed by the department [of health] or a board within the department [of health] who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. However, when a patient’s psychiatric, chapter 490 psychological, or chapter 491 psychotherapeutic records are requested by the patient or the patient’s legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records. Upon a patient’s written request, complete copies of the patient’s psychiatric records shall be provided directly to a subsequent treating psychiatrist. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered.”

Fla. Stat. § 456.001 provides that “health care practitioner” means “any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I, part II, or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491.”

Fla. Stat. Ann. § 395.3025 provides that the patient records of hospitals and other licensed facilities are confidential and must not be disclosed without the consent of the  patient or their legal representatives except in the circumstances specified in the statute.

HIV

Fla. Stat. § 381.004 provides for the confidentiality of HIV test results and specifies when the results may be disclosed and the limitations on disclosure.

Mental Health

Under the Florida Mental Health Act/Baker Act, Fla. Stat. § 394.4615 provides that “clinical records” shall be maintained for each patient, that these are confidential and shall be released when authorized by the patient or the patient’s authorized representative or in other specified circumstances. Patients must have reasonable access to their clinical records, unless such access is determined by the patient’s physician or the patient’s psychiatric nurse to be harmful to the patient. Fla. Stat. § 394.455 defines “clinical record” to include all information recorded by facility staff which pertains to the patient’s hospitalization or treatment.

Sexually Transmitted Disease

Fla. Stat. § 384.29 provides that, except as otherwise specified in the statute, “information and records held by the [Department of Health] or its authorized representatives relating to known or suspected cases of sexually transmissible diseases are strictly confidential and exempt from the provisions of § 119.07(1). Such information shall not be released or made public by the department or its authorized representatives, or by a court or parties to a lawsuit upon revelation by subpoena, except . . . with the consent of all persons to which the information applies” or in other specified circumstances.

Substance Use

Fla. Stat. § 397.501 provides that the records of service providers which pertain to the identity, diagnosis, and prognosis of and service provision for substance abuse treatment to any individual are confidential. When a minor alone consents to substance use services, any written consent for disclosure may be given only by the minor, including, but not limited to, any disclosure of identifying information to the parent, legal guardian, or custodian of a minor for the purpose of obtaining financial reimbursement; when the consent of a parent, legal guardian, or custodian is required for a minor to obtain substance abuse treatment, any written consent for disclosure must be given by both the minor and the parent, legal guardian, or custodian.

See Appendix H for information about minors’ access to and control of their medical information under HIPAA when they have consented to their own care.

Federal laws that may apply in addition to or in lieu of HIPAA and state laws

See Appendix K for information about federal confidentiality protection for education records.

See Appendix J for information about federal confidentiality protections for certain substance use treatment records.

See Appendix I for information about federal confidentiality protection for information about services delivered using Title X Family Planning Program funding.

See Appendix M for information about disclosure of information to parents under the 21st Century Cures Act Information Blocking Rule.

DISCLOSURE OF HEALTH INFORMATION TO PARENTS AND GUARDIANS

Mental Health

Fla. Stat. § 394.4784 provides that outpatient mental health services may include parental participation when the mental health professional or facility deems it appropriate. Fla. Admin. Code Ann. r. 64B19-19.006 requires a psychologist to maintain his or her duty of confidentiality to a minor client, but the rule does not prohibit the psychologist from disclosing his or her evaluation, assessment, analysis, diagnosis, or recommendations regarding the minor to the minor’s guardian.

Sexually Transmitted Disease

Fla. Stat. § 384.30 provides that the fact of consultation, examination, and treatment of a minor for sexually transmitted diseases is confidential and shall not be divulged (except pursuant to the public health confidentiality provisions of Fla. Stat. § 384.29) in any direct or indirect manner, such as sending a bill for services to a parent or guardian.

Substance Use

Fla. Stat. § 397.501 provides that when a minor alone consents to substance use services any disclosure of identifying information to the parent, legal guardian, or custodian of a minor for the purpose of obtaining financial reimbursement requires the written consent of the minor.

HIPAA rules relevant to disclosure to parents/guardians

See Appendix H for information about minors’ access to and control of their medical information under HIPAA when they have consented to their own care, the HIPAA rule when state law is silent as to parent access, and the HIPAA rule authorizing providers to limit access to records in certain circumstances.

Federal laws that may apply in addition to or in lieu of HIPAA and state laws

See Appendix K for information about federal confidentiality protection for education records.

See Appendix J for information about federal confidentiality protections for certain substance use treatment records.

See Appendix I for information about federal confidentiality protection for information about services delivered using Title X Family Planning Program funding.

See Appendix M for information about disclosure of information to parents under the 21st Century Cures Act Information Blocking Rule.

Insurance Claims/ Billing

Fla. Stat. § 384.30 provides that the fact of consultation, examination, and treatment of a minor for sexually transmitted diseases is confidential and shall not be divulged (except pursuant to the public health confidentiality provisions of Fla. Stat. § 384.29) in any direct or indirect manner, such as sending a bill for services to a parent or guardian.

Fla. Stat. § 397.501 provides that when a minor alone consents for voluntary substance abuse treatment written consent for disclosure of information pertaining to the treatment must be given by the minor, including information that is disclosed to a parent, legal guardian, or custodian of a minor for the purpose of obtaining financial reimbursement.

See Appendix L for information about confidentiality protection in the billing and insurance claims process under the HIPAA Privacy Rule.

This section summarizes a range of laws that may not explicitly address minor consent or disclosure of information but that health care providers often have questions about when minors seek care, especially when they seek care on their own.

Constitution

Fl. Const. art I, § 23 provides: ”Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.” This provision was previously interpreted to protect the right to abortion. However, in Planned Parenthood v. State, 384 So. 3d 67 (Fla. 2024), the Florida Supreme Court held that the Florida Constitution’s privacy clause does not provide clear protection for abortion.

“Conversion Therapy”

In Chiles v. Salazar, 116 F.4th 1178 (10th Cir. 2024), the U.S. Court of Appeals for the 10th Circuit upheld Colorado’s ban on conversion therapy for minors. On March 31, 2026, the U.S. Supreme Court reversed the decision on First Amendment grounds and remanded the case to the 10th Circuit for reconsideration under a strict scrutiny standard of review. 607 U.S. ___ (2026). Consult with counsel about the implications of this decision for other states. For more information on laws related to conversion therapy for minors in all 50 states and DC, see Movement Advancement Project’s  “Equality Maps: Conversion “Therapy” Laws.” These laws are changing rapidly so consultation with counsel is essential.  

Emergency Care

Fla. Stat. § 743.064 provides that a physician or osteopath may give emergency medical care or treatment without parental consent to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition, if a delay in treatment would endanger the health or physical well-being of the minor. Emergency care or treatment may also be provided by paramedics, emergency medical technicians, and other emergency medical services personnel. Emergency care may only be provided without parental consent if: the minor’s condition renders him or her unable to reveal the identity of his or her parents, guardian, or legal custodian, and their identity is unknown to anyone who accompanied the minor to the hospital; or the parents or legal guardian cannot be immediately located by telephone at home or work.

Financial Responsibility

Fla. Stat. § 384.30 provides that the fact of consultation, examination, and treatment of a minor for sexually transmitted diseases is confidential and shall not be divulged (except pursuant to the public health confidentiality provisions of Fla. Stat. § 384.29) in any direct or indirect manner, such as sending a bill for services to a parent or guardian.

Fla. Stat. § 397.431 provides that a parent, legal guardian, or legal custodian of a minor is not liable for payment for any substance abuse services provided to the minor without parental consent pursuant to § 397.601(4) unless ordered to participate in the services , and only for the services rendered. If the minor is receiving services as a juvenile offender, the obligation to pay is governed by the law relating to juvenile offenders.

Fla. Stat. § 394.4784 provides that a parent or legal guardian of a minor is not liable for payment for minor consent outpatient mental health diagnostic and evaluation services or outpatient therapy and counseling services, unless such parent, parents, or legal guardian participates in the outpatient diagnostic and evaluation services or outpatient therapy and counseling services and then only for the services rendered with such participation.

Gender Affirming Care

Fla. Stat. § 456.52 prohibits sex-reassignment prescriptions and procedures for patients younger than age 18 years with some exceptions. In Doe v. Ladapo, 676 F. Supp. 3d 1205 (N.D. Fla. 2023), the court preliminarily enjoined enforcement of this law finding the plaintiffs were likely to prevail on their claim that the statute is unconstitutional. On June 11, 2024, the district court in 2024 WL 2947123 found on the merits of the case that § 456.52 and its implementing administrative rules are unconstitutional and not enforceable to the extent they prohibit gender-affirming care for minors even when medically appropriate. The defendants have appealed to the U.S. Court of Appeals for the 11th Circuit. On August 26, 2024, the 11th Circuit granted a stay of the district court’s preliminary injunction while the litigation proceeds. Doe v. Surgeon Gen., 2024 U.S. App. LEXIS 21601. The law remains in effect pending the outcome of the appeal.

The U.S. Supreme Court upheld a Tennessee ban on gender affirming care for minors in United States v. Skrmetti, 605 U.S. 495 (2025). Consultation with counsel about the applicability of this case in other states is essential.

For more information on the status of protections and restrictions on gender affirming care for minors, see Movement Advancement Project’s “Equality Maps: Bans on Best Practice Medical Care for Transgender Youth”  These laws are changing rapidly so consultation with counsel is essential. See also Appendix G.

Minor Parent, Consent for Child’s Care

Fla. Stat. § 743.065 provides that an “unwed minor mother may consent to the performance of medical or surgical care or services for her child by a hospital or clinic or by a licensed physician.”

Parents’ Rights

Fla. Stat. § 1014.03 provides that “the state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.”

Fla. Stat. § 1014.04 provides that all parental rights are reserved to the parent of a minor child in the state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, and these rights include, but are not limited to the right to make health care decisions for his or her minor child, unless otherwise prohibited by law and the right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released.

Fla. Stat. § 1014.06 provides that except as otherwise provided by law, a “health care practitioner” or an individual employed by such health care practitioner may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child, or a “provider” may not allow a medical procedure to be performed on a minor child in its facility, without first obtaining written parental consent. This section does not apply to an abortion, which is governed by separate law. “Health care practitioner” for this purpose is defined by Fla. Stat. Ann. § 456.001. “Provider” is defined by Fla. Stat. Ann. § 408.803. This does not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility. “Clinical laboratory” is defined by Fla. Stat. Ann. § 408.803.

Unaccompanied Homeless Youth, Minor Consent

Fla. Stat. § 743.067 provides that “notwithstanding s. 394.4625(1)[regarding voluntary mental health admissions], a certified unaccompanied homeless youth may consent to medical care; dental care; behavioral health care services, including psychological counseling and treatment, psychiatric treatment, and substance abuse prevention and treatment services; and surgical diagnosis and treatment, including preventative care and care by a facility licensed under chapter 394, chapter 395, or chapter 397 and any forensic medical examination for the purpose of investigating any felony offense under chapter 784, chapter 787, chapter 794, chapter 800, or chapter 827, for:

(a) Himself or herself; or

(b) His or her child, if the certified unaccompanied homeless youth is unmarried, is the parent of the child, and has actual custody of the child.”

The statute defines “unaccompanied homeless youth” to include “an individual who is 16 years of age or older and is not in the physical custody of a parent or guardian, including a youth who has run away from home, who has been forced to leave his or her home, or whose parents have left the area and left the youth behind” and explains how a youth becomes “certified.”