HB 899 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to surrendered newborn infants; 2
amending s. 383.50, F.S.; revising and providing 3
definitions; authorizing certain hospitals, emergency 4
medical services stations, and fire stations to use 5
newborn infant safety devices to accept surrendered 6
newborn infants if the device meets specified 7
criteria; requiring such hospitals, emergency medical 8
services stations, or fire stations to physically 9
check and test the devices at specified intervals; 10
authorizing a parent to leave a newborn infant with 11
medical staff or a licensed healthcare professional at 12
a hospital after the delivery of the newborn infant 13
under certain circumstances; conforming provisions to 14
changes made by the act; providing additional 15
locations to which the prohibition on the initiation 16
of criminal investigations based solely on the 17
surrendering of a newborn infant applies; authorizing 18
a parent to surrender a newborn infant by calling 911 19
and requesting an emergency medical services provider 20
to meet at a specified location to retrieve the 21
newborn infant; requiring the parent to stay with the 22
newborn infant until the emergency medical services 23
provider arrives; amending s. 63.0423, F.S.; 24
conforming a cross-reference; making conforming 25
HB 899 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
changes; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Section 383.50, Florida Statutes, is amended to 30
read: 31
383.50 Treatment of surrendered newborn infant. — 32
(1) As used in this section, the term : 33
(a) "Newborn infant" means a child who a licens ed 34
physician reasonably believes is approximately 30 7 days old or 35
younger at the time the child is left at a hospital, an 36
emergency medical services station, or a fire station. 37
(b) "Newborn infant safety device" means a device which is 38
installed in a supporting wall of a hospital, an emergency 39
medical services station, or a fire station and which has an 40
exterior point of access that allows an individual to place a 41
newborn infant inside and an interior point of access that 42
allows individuals inside the bu ilding to safely retrieve the 43
newborn infant. 44
(2) There is a presumption that the parent who leaves the 45
newborn infant in accordance with this section intended to leave 46
the newborn infant and consented to termination of parental 47
rights. 48
(3)(a) A hospital, an emergency medical services station, 49
or a fire station that is staffed 24 hours per day may use a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
newborn infant safety device to accept surrendered newborn 51
infants under this section if the device is: 52
1. Physically part of the hospital, emergency medical 53
services station, or fire station. 54
2. Temperature-controlled and ventilated for the safety of 55
newborns. 56
3. Equipped with an alarm system connected to the physical 57
location of the device which automatically triggers an alarm 58
inside the building when a newborn infant is placed in the 59
device. 60
4. Equipped with a surveillance system that allows 61
employees of the hospital, emergency medical services station, 62
or fire station to monitor the inside of the device 24 hours per 63
day. 64
5. Located such that the interior point of access is in an 65
area that is conspicuous and visible to the employees of the 66
hospital, emergency medical services station, or fire station. 67
(b) A hospital, an emergency medical services station, or 68
a fire station that uses a newborn infant safety device to 69
accept surrendered newborn infants must use the device's 70
surveillance system to monitor the inside of the newborn infant 71
safety device 24 hours per day and shall physically check the 72
device at least twice daily and test the device at least weekly 73
to ensure that the alarm system is in working order. A fire 74
station that is staffed 24 hours per day except when all 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
firefighter first responders a re dispatched from the fire 76
station for an emergency must use the dual alarm system of the 77
newborn infant safety device to immediately dispatch the nearest 78
first responder to retrieve any newborn infant left in the 79
newborn infant safety device. 80
(4)(3) Each emergency medical services station or fire 81
station that is staffed with full-time firefighters, emergency 82
medical technicians, or paramedics shall accept any newborn 83
infant left with a firefighter, an emergency medical technician, 84
or a paramedic or in a newborn infant safety device . The 85
firefighter, emergency medical technician, or paramedic shall 86
consider these actions as implied consent to and shall: 87
(a) Provide emergency medical services to the newborn 88
infant to the extent that he or she is trained to provide those 89
services, and 90
(b) Arrange for the immediate transportation of the 91
newborn infant to the nearest hospital having emergency 92
services. 93
94
A licensee as defined in s. 401.23, a fire department, or an 95
employee or agent of a licensee or fire dep artment may treat and 96
transport a newborn infant pursuant to this section. If a 97
newborn infant is placed in the physical custody of an employee 98
or agent of a licensee or fire department or is placed in a 99
newborn infant safety device at an emergency medical services 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
station or a fire station , such placement is shall be considered 101
implied consent for treatment and transport. A licensee, a fire 102
department, or an employee or agent of a licensee or fire 103
department is immune from criminal or civil liability for a cting 104
in good faith pursuant to this section. Nothing in this 105
subsection limits liability for negligence. 106
(5)(a) A newborn infant may be left with medical staff or 107
a licensed health care professional after the delivery in a 108
hospital when the parent of th e newborn infant notifies medical 109
staff or a licensed health care professional that the parent is 110
voluntarily surrendering the infant and does not intend to 111
return. 112
(b)(4) Each hospital of this state subject to s. 395.1041 113
shall, and any other hospital m ay, admit and provide all 114
necessary emergency services and care, as defined in s. 115
395.002(9), to any newborn infant left with the hospital in 116
accordance with this section. The hospital or any of its 117
licensed health care professionals shall consider these a ctions 118
as implied consent for treatment, and a hospital accepting 119
physical custody of a newborn infant has implied consent to 120
perform all necessary emergency services and care. The hospital 121
or any of its licensed health care professionals is immune from 122
criminal or civil liability for acting in good faith in 123
accordance with this section. Nothing in this subsection limits 124
liability for negligence. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6)(5) Except when there is actual or suspected child 126
abuse or neglect, any parent who leaves a newborn infa nt in a 127
newborn infant safety device or with a firefighter, an emergency 128
medical technician, or a paramedic at a fire station or an 129
emergency medical services station, or brings a newborn infant 130
to an emergency room of a hospital and expresses an intent to 131
leave the newborn infant and not return, has the absolute right 132
to remain anonymous and to leave at any time and may not be 133
pursued or followed unless the parent seeks to reclaim the 134
newborn infant. When an infant is born in a hospital and the 135
mother expresses intent to leave the infant and not return, upon 136
the mother's request, the hospital or registrar shall complete 137
the infant's birth certificate without naming the mother 138
thereon. 139
(7)(6) A parent of a newborn infant left at a hospital, 140
emergency medical services station, or fire station under this 141
section may claim his or her newborn infant up until the court 142
enters a judgment terminating his or her parental rights. A 143
claim to the newborn infant must be made to the entity having 144
physical or legal custo dy of the newborn infant or to the 145
circuit court before whom proceedings involving the newborn 146
infant are pending. 147
(8)(7) Upon admitting a newborn infant under this section, 148
the hospital shall immediately contact a local licensed child -149
placing agency or alternatively contact the statewide central 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
abuse hotline for the name of a licensed child -placing agency 151
for purposes of transferring physical custody of the newborn 152
infant. The hospital shall notify the licensed child -placing 153
agency that a newborn infant has been left with the hospital and 154
approximately when the licensed child -placing agency can take 155
physical custody of the child. In cases where there is actual or 156
suspected child abuse or neglect, the hospital or any of its 157
licensed health care professionals shall report the actual or 158
suspected child abuse or neglect in accordance with ss. 39.201 159
and 395.1023 in lieu of cont acting a licensed child -placing 160
agency. 161
(9)(8) Any newborn infant admitted to a hospital in 162
accordance with this section is presumed eligible for coverage 163
under Medicaid, subject to federal rules. 164
(10)(9) A newborn infant left at a hospital, an emergency 165
medical services station, or a fire station in accordance with 166
this section shall not be deemed abandoned and subject to 167
reporting and investigation requirements under s. 39.201 unless 168
there is actual or suspected child abuse or until the Department 169
of Health takes physical custody of the child. 170
(11) If the parent of a newborn infant is unable to 171
surrender the newborn infant in accordance with this section, 172
the parent may dial 911 to request that an emergency medical 173
services provider meet the surrende ring parent at a specified 174
location. The surrendering parent must stay with the newborn 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
infant until the emergency medical services provider arrives to 176
take custody of the newborn infant. 177
(12)(10) A criminal investigation may shall not be 178
initiated solely because a newborn infant is left at a hospital , 179
an emergency medical services station, or a fire station under 180
this section unless there is actual or suspected child abuse or 181
neglect. 182
Section 2. Section 63.0423, Florida Statutes, is amended 183
to read: 184
63.0423 Procedures with respect to surrendered newborn 185
infants.— 186
(1) Upon entry of final judgment terminating parental 187
rights, a licensed child -placing agency that takes physical 188
custody of a newborn an infant surrendered at a hospital, an 189
emergency medical services station, or a fire station pursuant 190
to s. 383.50 assumes responsibility for the medical and other 191
costs associated with the emergency services and care of the 192
surrendered newborn infant from the time the licensed child -193
placing agency takes p hysical custody of the surrendered newborn 194
infant. 195
(2) The licensed child -placing agency shall immediately 196
seek an order from the circuit court for emergency custody of 197
the surrendered newborn infant. The emergency custody order 198
shall remain in effect un til the court orders preliminary 199
approval of placement of the surrendered newborn infant in the 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prospective home, at which time the prospective adoptive parents 201
become guardians pending termination of parental rights and 202
finalization of adoption or until t he court orders otherwise. 203
The guardianship of the prospective adoptive parents shall 204
remain subject to the right of the licensed child -placing agency 205
to remove the surrendered newborn infant from the placement 206
during the pendency of the proceedings if suc h removal is deemed 207
by the licensed child -placing agency to be in the best interests 208
of the child. The licensed child -placing agency may immediately 209
seek to place the surrendered newborn infant in a prospective 210
adoptive home. 211
(3) The licensed child -placing agency that takes physical 212
custody of the surrendered newborn infant shall, within 24 hours 213
thereafter, request assistance from law enforcement officials to 214
investigate and determine, through the Missing Children 215
Information Clearinghouse, the National Center for Missing and 216
Exploited Children, and any other national and state resources, 217
whether the surrendered newborn infant is a missing child. 218
(4) The parent who surrenders the newborn infant in 219
accordance with s. 383.50 is presumed to have consented to 220
termination of parental rights, and express consent is not 221
required. Except when there is actual or suspected child abuse 222
or neglect, the licensed child -placing agency may shall not 223
attempt to pursue, search for, or notify that parent as provided 224
in s. 63.088 and chapter 49. For purposes of s. 383.50 and this 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section, a surrendered newborn an infant who tests positive for 226
illegal drugs, narcotic prescription drugs, alcohol, or other 227
substances, but shows no other signs of child abuse or neglect, 228
shall be placed in the custody of a licensed child -placing 229
agency. Such a placement does not eliminate the reporting 230
requirement under s. 383.50(8) s. 383.50(7). When the department 231
is contacted regarding a newborn an infant properly surrendered 232
under this section and s. 383.50, the department shall provide 233
instruction to contact a licensed child -placing agency and may 234
not take custody of the newborn infant unless reasonable efforts 235
to contact a licensed child -placing agency to accept the newborn 236
infant have not been successful. 237
(5) A petition for termination of parental rights under 238
this section may not be filed until 30 days after the date the 239
newborn infant was surrendered in accordance with s. 383.50. A 240
petition for termination of parental rights may not be gr anted 241
until a parent has failed to reclaim or claim the surrendered 242
newborn infant within the time period specified in s. 383.50. 243
(6) A claim of parental rights of the surrendered newborn 244
infant must be made to the entity having legal custody of the 245
surrendered newborn infant or to the circuit court before which 246
proceedings involving the surrendered newborn infant are 247
pending. A claim of parental rights of the surrendered newborn 248
infant may not be made after the judgment to terminate parental 249
rights is entered, except as otherwise provided by subsection 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(9). 251
(7) If a claim of parental rights of a surrendered newborn 252
infant is made before the judgment to terminate parental rights 253
is entered, the circuit court may hold the action for 254
termination of parental rights in abeyance for a period of time 255
not to exceed 60 days. 256
(a) The court may order scientific testing to de termine 257
maternity or paternity at the expense of the parent claiming 258
parental rights. 259
(b) The court shall appoint a guardian ad litem for the 260
surrendered newborn infant and order whatever investigation, 261
home evaluation, and psychological evaluation are n ecessary to 262
determine what is in the best interests of the surrendered 263
newborn infant. 264
(c) The court may not terminate parental rights solely on 265
the basis that the parent left the newborn infant at a hospital, 266
an emergency medical services station, or a fire station in 267
accordance with s. 383.50. 268
(d) The court shall enter a judgment with written findings 269
of fact and conclusions of law. 270
(8) Within 7 business days after recording the judgment, 271
the clerk of the court shall mail a copy of the judgment to the 272
department, the petitioner, and any person whose consent was 273
required, if known. The clerk shall execute a certificate of 274
each mailing. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(9)(a) A judgment terminating parental rights of a 276
surrendered newborn infant pending adoption is voidable, and an y 277
later judgment of adoption of that child minor is voidable, if, 278
upon the motion of a parent, the court finds that a person 279
knowingly gave false information that prevented the parent from 280
timely making known his or her desire to assume parental 281
responsibilities toward the child minor or from exercising his 282
or her parental rights. A motion under this subsection must be 283
filed with the court originally entering the judgment. The 284
motion must be filed within a reasonable time but not later than 285
1 year after the entry of the judgment terminating parental 286
rights. 287
(b) No later than 30 days after the filing of a motion 288
under this subsection, the court shall conduct a preliminary 289
hearing to determine what contact, if any, will be allowed 290
permitted between a parent and the child pending resolution of 291
the motion. Such contact may be allowed only if it is requested 292
by a parent who has appeared at the hearing and the court 293
determines that it is in the best interests of the child. If the 294
court orders contact between a pa rent and the child, the order 295
must be issued in writing as expeditiously as possible and must 296
state with specificity any provisions regarding contact with 297
persons other than those with whom the child resides. 298
(c) The court may not order scientific testin g to 299
determine the paternity or maternity of the child minor until 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such time as the court determines that a previously entered 301
judgment terminating the parental rights of that parent is 302
voidable pursuant to paragraph (a), unless all parties agree 303
that such testing is in the best interests of the child. Upon 304
the filing of test results establishing that person's maternity 305
or paternity of the surrendered newborn infant, the court may 306
order visitation only if it appears to be in the best interests 307
of the child. 308
(d) Within 45 days after the preliminary hearing, the 309
court shall conduct a final hearing on the motion to set aside 310
the judgment and shall enter its written order as expeditiously 311
as possible thereafter. 312
(10) Except to the extent expressly provided i n this 313
section, proceedings initiated by a licensed child -placing 314
agency for the termination of parental rights and subsequent 315
adoption of a newborn infant left at a hospital, an emergency 316
medical services station, or a fire station in accordance with 317
s. 383.50 shall be conducted pursuant to this chapter. 318
Section 3. This act shall take effect July 1, 2023. 319