This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0899a.HRS
DATE: 3/9/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 899 Surrendered Newborn Infants
SPONSOR(S): Canady and others
TIED BILLS: IDEN./SIM. BILLS: SB 870
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Healthcare Regulation Subcommittee 17 Y, 0 N Guzzo McElroy
2) Health & Human Services Committee
SUMMARY ANALYSIS
Florida law allows parents who are unwilling or unable to care for their infants to safely relinquish them at
hospitals, fire stations, and emergency medical services stations. This ‘safe haven law’ currently allows parents
to anonymously surrender infants up to seven days old and grants the parents immunity from criminal
prosecution unless there is actual or suspected child abuse or neglect.
A newborn safety device, or baby box, provides a place for a parent in crisis to safely, securely, and
anonymously surrender an unwanted newborn. The concept of a baby box has existed for centuries throughout
Europe, and many countries still utilize some form of a baby box today.
HB 899 increases the age that an infant may be surrendered from seven days old to 30 days old, preventing
unsafe abandonment by allowing more time for parents to decide whether to surrender a child. The bill
authorizes hospitals, emergency medical service stations, and fire stations that are staffed 24 hours a day to
opt to utilize newborn safety devices, and specifies the requirements for such devices.
The bill authorizes a parent, after delivery of a newborn infant in a hospital, to leave the infant with medical
staff or a licensed health care professional. The parent of the newborn must notify the staff or professional that
the parent is voluntarily surrendering the infant and does not intend to return. The bill also authorizes a parent
to call 911 and request than an emergency medical services provider meet the surrendering parent at a
specified location.
The bill has no fiscal impact on state or local government.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h0899a.HRS PAGE: 2
DATE: 3/9/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Safe Haven Laws
Safe haven laws allow parents or agents of the parents to safely relinquish babies at designated
locations while remaining anonymous and confer immunity from criminal liability and prosecution for
child endangerment, abandonment, or neglect.
1
The purpose of safe haven laws is to ensure that
abandoned infants are left with those who can provide immediate care necessary for the children’s
safety and wellbeing.
2
In 1999, Texas was the first state to enact safe haven legislation.
3
Today, all 50 states, the District of
Columbia, and Puerto Rico have variations of safe haven laws which designate the places or personnel
authorized to accept an infant.
4
Thirty-five states and the District of Columbia expressly preserve the
anonymity of the person relinquishing an infant.
5
In 2021, approximately seven states and Puerto Rico required infants be 72 hours old or younger to be
relinquished at a designate safe haven,
6
while 23 states and Guam accepted infants up to 30 days old.
7
As of February 2023, the District of Columbia and 46 states authorize health care providers, such as
hospitals or health clinic employees, to accept an infant, and 38 states authorize emergency services
personnel, including emergency medical technicians, firefighters and law enforcement officers, to
accept an infant or allow relinquishment through the 911 emergency system.
8
Florida Safe Haven Law
In 2000, Florida enacted safe haven legislation in response to tragedies concerning newborn
abandonment at unsafe locations, such as public restrooms or trash receptacles.
9
The legislation
authorizes parents to surrender a newborn infant up to seven days old at a hospital, fire station, or
emergency medical service station. It creates a presumption that the parent consents to the termination
of their parental rights
10
and for the transport and medical treatment for the child.
11
The law expressly
grants the parents a right to anonymity and to not be pursued, unless the parent seeks to reclaim the
newborn infant.
12
The law also grants the parents immunity from criminal prosecution unless there is
actual or suspected abuse or neglect of the infant.
13
If the newborn infant is born in a hospital, the
hospital registrars must complete the infant’s birth certificate without naming the mother, if she requests
it and expresses an intent to leave without the infant and not return.
14
1
Infant Safe Haven Laws, Child Welfare Information Gateway (Sept. 2021), https://www.childwelfare.gov/pubPDFs/safehaven.pdf,
(last visited March 6, 2023).
2
Id.
3
NY Legislative Counsel Bureau, A Study of Infant Abandonment Legislation,
https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP01-03.pdf (last visited March 6, 2023).
4
Infant Safe Haven Laws, Child Welfare Information Gateway (Sept. 2021), https://www.childwelfare.gov/pubPDFs/safehaven.pdf,
(last visited March 6, 2023).
5
Infant Abandonment, Guttmacher Institute (Feb. 2021), https://www.guttmacher.org/state-policy/explore/infant-abandonment.
6
Infant Safe Haven Laws, Child Welfare Information Gateway (Sept. 2021), https://www.childwelfare.gov/pubPDFs/safehaven.pdf,
(last visited March 6, 2023).
7
Id.
8
Id.
9
S. 383.50, F.S.; see Ch. 2000-188, Laws of Fla.
10
S. 63.0423, F.S.
11
S. 383.50, F.S.
12
S. 383.50(5), F.S.
13
S. 383.50(10), F.S.
14
Id. STORAGE NAME: h0899a.HRS PAGE: 3
DATE: 3/9/2023
The Florida safe haven law requires hospitals, fire stations, and emergency medical services stations
that are staffed with full-time firefighters or emergency medical technicians to accept any newborn
infant left with a firefighter or emergency medical technician. The law does not specify any training
required for personnel who might receive infants at these facilities, nor does it direct them on how to
interact with individuals surrendering infants other than specifying that those relinquishing infants have
a right to remain anonymous and not be pursued or followed unless the parent seeks to reclaim the
infant. The law grants emergency medical technicians, paramedics, and fire department staff immunity
from criminal and civil liability, except in situations of negligence, when acting in good faith for a
surrendered infant.
15
Since 2000, approximately 361 newborns have been surrendered at a safe haven in Florida.
16
In that
time, 63 infants are known to have been unsafely abandoned, of which 32 died.
17
Newborn Safety Devices
For centuries, mothers throughout Europe have surrendered their babies in hatches or crib structures,
commonly referred to as “foundling wheels” or “baby boxes,” at the entrance of a place of worship, a
charity organization, or hospital.
18
The modern-day newborn safety device was created in South Africa
in 1999, in which mothers placed their child in a hatch in a church wall and the door automatically
locked, sending a signal to care workers inside.
19
Various countries currently have some form of baby boxes, including Germany, Malaysia, Pakistan,
and Switzerland.
20
Studies suggest approximately 200 baby boxes were installed across Europe from
2003-2013.
21
Safe Haven Baby Boxes
The federal Food and Drug Administration has determined that a “Safe Haven Baby Box” is not a
medical “device” under the federal Food, Drug, and Cosmetic Act, and therefore is not required to
comply with the requirements of the Act.
22
Safe Haven Baby Boxes, Inc. is a nonprofit corporation in Indiana. The nonprofit has patented a device
for receiving a surrendered baby, trademarked as a “Safe Haven Baby Box”. There are currently more
than 130 Safe Haven Baby Boxes across ten states.
23
In December 2020, an Ocala fire department unveiled the first baby box, a Safe Haven Baby Box,
installed in Florida.
24
It is electronically monitored and equipped to notify 911 as soon as the outer door
is open. Once a parent has placed the baby in the padded box, the door automatically locks and a
silent alarm is triggered alerting personnel that a baby needs to be picked up.
25
The box is similar to an
15
S. 383.50(3), F.S.
16
A Safe Haven for Newborns, Safe Haven Statistics, https://asafehavenfornewborns.com/what-we-do/safe-haven-statistics/ (last
visited March 6, 2023).
17
Id.
18
Atsushi Asai, Should We Maintain Baby Hatches in Our Society?, BMC Med. Ethics (Feb. 22, 2013),
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3586365/#B1
19
Baby Boxes Allow Mothers to Drop-off Unwanted Children, Apolitical (Aug. 22, 2019),
https://apolitical.co/solution_article/baby-boxes-allow-mothers-to-drop-off-unwanted-children
20
BBC News, Drop-off baby boxes: Can they help save lives in the US?, (Jan. 23, 2019), https://www.bbc.com/news/world-us-canada-
46801838, (last visited March 6, 2023).
21
Amber Hildebrandt, The Revival of 'Baby Boxes' for Unwanted Infants, CBC NEWS (May 07, 2013),
https://www.cbc.ca/news/canada/the-revival-of-baby-boxes-for-unwanted-infants-1.1357615
22
Letter from U.S. Food and Drug Administration to Safe Haven Baby Boxes, Inc. (dated Feb. 15, 2019)
https://img1.wsimg.com/blobby/go/0e1dea24-4aa4-477a-b7dd-0e668b1de6d1/downloads/C180100.Letter.pdf?ver=1610398180478
(last visited March 6, 2023).
23
Safe Haven Baby Boxes, Baby Box Locations, https://shbb.org/locations (last visited March 6, 2023).
24
Ocala Fire Rescue Unveils Florida’s First Haven Baby Box (Dec. 15, 2020), https://www.ocala-news.com/2020/12/15/ocala-fire-
rescue-unveils-floridas-first-safe-haven-baby-box/.
25
Safe Haven Baby Boxes, How Does It Work, https://shbb.org/resources (last visited Feb. 4, 2021). STORAGE NAME: h0899a.HRS PAGE: 4
DATE: 3/9/2023
incubator, with heating and cooling functions to keep the baby safe until help arrives.
26
The baby box
cost approximately $15,000 to install.
27
Florida Department of Health
The purpose of the Department of Health (DOH) is to protect and promote the health of all residents
and visitors in Florida.
28
Under current law, the DOH must:
Identify, diagnose, and conduct surveillance of diseases and health conditions in the state and
accumulate the health statistics necessary to establish trends.
Implement interventions that prevent or limit the impact or spread of diseases.
Collect, manage, and analyze vital statistics and other health data to inform the public and
formulate public health policy and planning.
Maintain and coordinate preparedness for and responses to state public health emergencies.
Provide or ensure the provision of quality health care and related services to identified
populations in the state.
Regulate health practitioners for the preservation of the health, safety, and welfare of the public.
When Florida’s safe haven law was first passed in 2000, it required DOH to work in conjunction with the
Department of Children and Families to produce a media campaign. This campaign promotes safe
placement alternatives for newborn infants, informs the public of the confidentiality and limited immunity
from criminal prosecution offered to a parent, educates parents of their rights to reclaim their newborn
infant within specified time periods, and publicizes adoption procedures.
29
In accordance with specific
appropriation, line 527 of the 2022-2023 General Appropriations Act, DOH currently has a contract with
the non-profit organization A Safe Haven for Newborns to provide statewide community outreach and
awareness to prevent the loss of infant life by educating the public of safe venues for parents
considering abandoning their infants.
30
Effect of Proposed Changes
HB 899 amends Florida’s safe haven law to increase the infant age limit for a parent to surrender a
newborn infant at a safe haven location from seven days old to 30 days old. This gives parents more
time to make a decision, possibly preventing the unsafe abandonment of infants older than seven days.
The bill authorizes the use of newborn safety devices, or baby boxes, at the designated safe haven
sites, if they are staffed 24 hours a day. The bill requires the boxes to be physically part of the hospital,
fire station, or emergency medical services station, and installed in an exterior wall. The boxes must
have an exterior point of access that locks. The boxes must have an interior point of access in an area
that is conspicuous and visible to facility employees. Placing an infant inside the box must automatically
trigger an alarm inside the building to alert individuals inside the building to safely retrieve the newborn
infant. The bill requires a fire station that is staffed 24 hours per day except when all firefighter first
responders are dispatched to use the dual alarm system of the newborn infant safety device to
immediately dispatch the nearest first responder to retrieve any newborn infant left in the safety device.
The bill requires facilities that use a newborn safety device to check the device at least twice daily and
test the device at least once weekly to ensure that the alarm system is in working order.
The bill makes all the provisions in the current safe haven law applicable to surrendering an infant
using a baby box, including parental consent for the child’s transport and medical treatment, consent to
26
Jennie Runevitch, Safe Haven Baby Boxes: Here's How They Work, WTHR-TV CHANNEL 13 (Oct. 18, 2019),
https://www.wthr.com/article/safe-haven-baby-boxes-heres-how-they-work
27
Austin L. Miller, Ocala gets Florida’s Fist Baby Box, A Safe Drop-Off When Parents Can’t Care for Baby, Ocala Star Banner (Dec. 16,
2020), https://www.ocala.com/story/news/2020/12/16/baby-box-safe-haven-ocala-florida/3912696001/.
28
S. 20.43, F.S.
29
Ch. 2000-188, Laws of Fla.
30
Correspondence from Florida Department of Health to the Healthcare Regulation Subcommittee dated March 7, 2023, on file with
subcommittee staff. STORAGE NAME: h0899a.HRS PAGE: 5
DATE: 3/9/2023
termination of parental rights, the right to anonymity and non-pursuit, and the immunities for both the
parents and the receiving facility’s staff.
The bill authorizes a parent, after delivery of a newborn infant in a hospital, to leave the infant with
medical staff or a licensed health care professional. The parent of the newborn must notify the medical
staff or a licensed health care professional that the parent is voluntarily surrendering the infant and
does not intend to return.
The bill also authorizes a parent to call 911 and request than an emergency medical services provider
meet the surrendering parent at a specified location. The bill requires the surrendering parent to stay
with the newborn infant until the medical services provider arrives to take custody of the newborn
infant.
The bill’s effective date is July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 383.50, F.S., relating to treatment of surrendered newborn infants.
Section 2: Amends s. 63.0423, F.S., relating to procedures with respect to surrendered infants
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Local government facilities that opt to use a newborn safety device as a means for the
relinquishment of a newborn will incur the cost of acquisition and installation of the new device.
Costs may vary by the newborn safety device used. For example, the use of the Safe Haven Safety
Box costs approximately $15,000 to install.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Private sector facilities that opt to use a newborn safety device as a means for the relinquishment of a
newborn will incur the cost of acquisition and installation of the new device. Costs may vary by the
newborn safety device used. For example, the use of the Safe Haven Safety Box costs approximately
$15,000 to install.
D. FISCAL COMMENTS:
None.
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DATE: 3/9/2023
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
This bill does not appear to require counties or municipalities to take an action requiring the
expenditure of funds, reduce the authority that counties or municipalities have to raise revenue in the
aggregate, nor reduce the percentage of state tax shared with counties or municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES