List of Laws & Rights for a Minor in Florida

List of Laws & Rights for a Minor in Florida thumbnail
Florida law allows minors specific rights.

How minors are treated under the law is usually quite different than how an adult, or someone over the age of 18, is treated. The state of Florida has numerous laws that apply specifically to minors. These laws cover a wide range of legal issues, ranging from when a minor can get married to what he or she must do to dropout of school.

  1. School

    • Florida law requires any child over the age of 6 to attend school. However, once children reach the age of 16 they can choose to leave the school system if certain conditions are met. These include: filing a written statement of the intent to leave with the local school board, having the parents or guardian sign the statement of intent and meeting with a school counselor to discuss educational options open to the child. Any minor choosing to leave school must include in their written statements that doing so will limit their ability to earn an income. Further, they must complete a survey provided for by the Department of Education detailing their reasons for leaving school. (Florida statute § 1003.21)

    Marriage

    • Minors in the state of Florida can get married but only under specific circumstances. In general, no one in Florida can get married unless he or she is at least 16 years old. Anyone under 18 but over 16 can get married if parental consent is granted. Such consent must be granted in writing by both parents, or if a parent is no longer alive, by the remaining parent. Judges in the state of Florida can exercise discretion and grant marriage to someone under the age of 18 without parental consent if both parties applying for marriage swear they are the parents of a child. If the pregnancy is verified by a licensed physician, the judge can then permit the marriage of a couple even if they are under 18 years old. In the case of such pregnancies, judges can even allow for marriages if the minor is under 16. (Florida Statutes 741.0405)

    Sexual Relations

    • In general, the "age of consent" in Florida is 16. This means that minors under the age of 18 but 16 or older can engage in sexual activity. However, there are limitations on this. Any person over the age of 24 who engages in sexual activity with a minor older than 16 but younger than 18 can be charged with a second-degree felony in Florida. (Florida Statutes § 794.05) This criminal restriction does not apply to the child however, and any minor engaging in such activity is not subject to incarceration.

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  • Photo Credit Florida state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com

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