FL
Florida House Bill H0899

Florida 2023 Regular Session

Florida House Bill H0899 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to surrendered newborn infants; 2
1616 amending s. 383.50, F.S.; revising and providing 3
1717 definitions; authorizing certain hospitals, emergency 4
1818 medical services stations, and fire stations to use 5
1919 newborn infant safety devices to accept surrendered 6
2020 newborn infants if the device meets specified 7
2121 criteria; requiring such hospitals, emergency medical 8
2222 services stations, or fire stations to physically 9
2323 check and test the devices at specified intervals; 10
2424 authorizing a parent to leave a newborn infant with 11
2525 medical staff or a licensed healthcare professional at 12
2626 a hospital after the delivery of the newborn infant 13
27-under certain circumstances; providing additional 14
28-locations to which the prohibition on the initiation 15
29-of criminal investigations based solely on the 16
30-surrendering of a newborn infant applies; authorizing 17
31-a parent to surrender a newborn infant by calling 911 18
32-and requesting an emergency medical services provider 19
33-to meet at a specified location to retrieve the 20
34-newborn infant; requiring the parent to stay with the 21
35-newborn infant until the emergency medical services 22
36-provider arrives; amending s. 63.0423, F.S.; 23
37-conforming a cross-reference; making conforming 24
38-changes; providing an effective date. 25
27+under certain circumstances; conforming provisions to 14
28+changes made by the act; providing additional 15
29+locations to which the prohibition on the initiation 16
30+of criminal investigations based solely on the 17
31+surrendering of a newborn infant applies; authorizing 18
32+a parent to surrender a newborn infant by calling 911 19
33+and requesting an emergency medical services provider 20
34+to meet at a specified location to retrieve the 21
35+newborn infant; requiring the parent to stay with the 22
36+newborn infant until the emergency medical services 23
37+provider arrives; amending s. 63.0423, F.S.; 24
38+conforming a cross-reference; making conforming 25
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4747 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
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51- 26
52-Be It Enacted by the Legislature of the State of Florida: 27
53- 28
54- Section 1. Section 383.50, Florida Statutes, is amended to 29
55-read: 30
56- 383.50 Treatment of surrendered newborn infant. — 31
57- (1) As used in this section, the term : 32
58- (a) "Newborn infant" means a child who a licensed 33
59-physician reasonably believes is approximately 30 7 days old or 34
60-younger at the time the child is surrendered under this section 35
61-left at a hospital, emergency medical services station, or fire 36
62-station. 37
51+changes; providing an effective date. 26
52+ 27
53+Be It Enacted by the Legislature of the State of Florida: 28
54+ 29
55+ Section 1. Section 383.50, Florida Statutes, is amended to 30
56+read: 31
57+ 383.50 Treatment of surrendered newborn infant. — 32
58+ (1) As used in this section, the term : 33
59+ (a) "Newborn infant" means a child who a licens ed 34
60+physician reasonably believes is approximately 30 7 days old or 35
61+younger at the time the child is left at a hospital, an 36
62+emergency medical services station, or a fire station. 37
6363 (b) "Newborn infant safety device" means a device which is 38
6464 installed in a supporting wall of a hospital, an emergency 39
6565 medical services station, or a fire station and which has an 40
6666 exterior point of access that allows an individual to place a 41
6767 newborn infant inside and an interior point of access that 42
6868 allows individuals inside the bu ilding to safely retrieve the 43
6969 newborn infant. 44
7070 (2) There is a presumption that the parent who leaves the 45
7171 newborn infant in accordance with this section intended to leave 46
7272 the newborn infant and consented to termination of parental 47
7373 rights. 48
7474 (3)(a) A hospital, an emergency medical services station, 49
7575 or a fire station that is staffed 24 hours per day may use a 50
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8484 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
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8888 newborn infant safety device to accept surrendered newborn 51
8989 infants under this section if the device is: 52
9090 1. Physically part of the hospital, emergency medical 53
9191 services station, or fire station. 54
9292 2. Temperature-controlled and ventilated for the safety of 55
9393 newborns. 56
9494 3. Equipped with an alarm system connected to the physical 57
9595 location of the device which automatically triggers an alarm 58
9696 inside the building when a newborn infant is placed in the 59
9797 device. 60
9898 4. Equipped with a surveillance system that allows 61
9999 employees of the hospital, emergency medical services station, 62
100100 or fire station to monitor the inside of the device 24 hours per 63
101101 day. 64
102102 5. Located such that the interior point of access is in an 65
103103 area that is conspicuous and visible to the employees of the 66
104104 hospital, emergency medical services station, or fire station. 67
105105 (b) A hospital, an emergency medical services station, or 68
106106 a fire station that uses a newborn infant safety device to 69
107107 accept surrendered newborn infants must use the device's 70
108108 surveillance system to monitor the inside of the newborn infant 71
109109 safety device 24 hours per day and shall physically check the 72
110110 device at least twice daily and test the device at least weekly 73
111111 to ensure that the alarm system is in working order. A fire 74
112112 station that is staffed 24 hours per day except when all 75
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121121 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
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125125 firefighter first responders a re dispatched from the fire 76
126126 station for an emergency must use the dual alarm system of the 77
127127 newborn infant safety device to immediately dispatch the nearest 78
128128 first responder to retrieve any newborn infant left in the 79
129129 newborn infant safety device. 80
130130 (4)(3) Each emergency medical services station or fire 81
131131 station that is staffed with full-time firefighters, emergency 82
132132 medical technicians, or paramedics shall accept any newborn 83
133133 infant left with a firefighter, an emergency medical technician, 84
134134 or a paramedic or in a newborn infant safety device . The 85
135135 firefighter, emergency medical technician, or paramedic shall 86
136136 consider these actions as implied consent to and shall: 87
137137 (a) Provide emergency medical services to the newborn 88
138138 infant to the extent that he or she is trained to provide those 89
139139 services, and 90
140140 (b) Arrange for the immediate transportation of the 91
141141 newborn infant to the nearest hospital having emergency 92
142142 services. 93
143143 94
144144 A licensee as defined in s. 401.23, a fire department, or an 95
145145 employee or agent of a licensee or fire dep artment may treat and 96
146146 transport a newborn infant pursuant to this section. If a 97
147147 newborn infant is placed in the physical custody of an employee 98
148148 or agent of a licensee or fire department or is placed in a 99
149149 newborn infant safety device at an emergency medical services 100
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158158 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
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162162 station or a fire station , such placement is shall be considered 101
163163 implied consent for treatment and transport. A licensee, a fire 102
164164 department, or an employee or agent of a licensee or fire 103
165165 department is immune from criminal or civil liability for a cting 104
166166 in good faith pursuant to this section. Nothing in this 105
167167 subsection limits liability for negligence. 106
168168 (5)(a) A newborn infant may be left with medical staff or 107
169169 a licensed health care professional after the delivery in a 108
170170 hospital when the parent of th e newborn infant notifies medical 109
171171 staff or a licensed health care professional that the parent is 110
172172 voluntarily surrendering the infant and does not intend to 111
173173 return. 112
174174 (b)(4) Each hospital of this state subject to s. 395.1041 113
175175 shall, and any other hospital m ay, admit and provide all 114
176176 necessary emergency services and care, as defined in s. 115
177177 395.002(9), to any newborn infant left with the hospital in 116
178178 accordance with this section. The hospital or any of its 117
179179 licensed health care professionals shall consider these a ctions 118
180180 as implied consent for treatment, and a hospital accepting 119
181181 physical custody of a newborn infant has implied consent to 120
182182 perform all necessary emergency services and care. The hospital 121
183183 or any of its licensed health care professionals is immune from 122
184184 criminal or civil liability for acting in good faith in 123
185185 accordance with this section. Nothing in this subsection limits 124
186186 liability for negligence. 125
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195195 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
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199199 (6)(5) Except when there is actual or suspected child 126
200-abuse or neglect, any parent who leaves a newborn infant in 127
201-accordance with this section with a firefighter, emergency 128
202-medical technician, or paramedic at a fire station or emergency 129
203-medical services station , or brings a newborn infant to an 130
204-emergency room of a hospital and expresses an intent to leave 131
205-the newborn infant and not return, has the absolute right to 132
206-remain anonymous and to leave at any time and may not be pursued 133
207-or followed unless the parent seeks to reclaim the newborn 134
208-infant. When an infant is born in a hospital and the mother 135
209-expresses intent to leave the infant and not return, upon the 136
210-mother's request, the hospital or registrar shall complete the 137
211-infant's birth certificate without naming the mother thereon. 138
212- (7)(6) A parent of a newborn infant left in accordance 139
213-with at a hospital, emergency m edical services station, or fire 140
214-station under this section may claim his or her newborn infant 141
215-up until the court enters a judgment terminating his or her 142
216-parental rights. A claim to the newborn infant must be made to 143
217-the entity having physical or legal c ustody of the newborn 144
218-infant or to the circuit court before whom proceedings involving 145
219-the newborn infant are pending. 146
220- (8)(7) Upon admitting a newborn infant under this section, 147
221-the hospital shall immediately contact a local licensed child -148
222-placing agency or alternatively contact the statewide central 149
223-abuse hotline for the name of a licensed child -placing agency 150
200+abuse or neglect, any parent who leaves a newborn infa nt in a 127
201+newborn infant safety device or with a firefighter, an emergency 128
202+medical technician, or a paramedic at a fire station or an 129
203+emergency medical services station, or brings a newborn infant 130
204+to an emergency room of a hospital and expresses an intent to 131
205+leave the newborn infant and not return, has the absolute right 132
206+to remain anonymous and to leave at any time and may not be 133
207+pursued or followed unless the parent seeks to reclaim the 134
208+newborn infant. When an infant is born in a hospital and the 135
209+mother expresses intent to leave the infant and not return, upon 136
210+the mother's request, the hospital or registrar shall complete 137
211+the infant's birth certificate without naming the mother 138
212+thereon. 139
213+ (7)(6) A parent of a newborn infant left at a hospital, 140
214+emergency medical services station, or fire station under this 141
215+section may claim his or her newborn infant up until the court 142
216+enters a judgment terminating his or her parental rights. A 143
217+claim to the newborn infant must be made to the entity having 144
218+physical or legal custo dy of the newborn infant or to the 145
219+circuit court before whom proceedings involving the newborn 146
220+infant are pending. 147
221+ (8)(7) Upon admitting a newborn infant under this section, 148
222+the hospital shall immediately contact a local licensed child -149
223+placing agency or alternatively contact the statewide central 150
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232232 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
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236-for purposes of transferring physical custody of the newborn 151
237-infant. The hospital shall notify the licensed child -placing 152
238-agency that a newborn in fant has been left with the hospital and 153
239-approximately when the licensed child -placing agency can take 154
240-physical custody of the child. In cases where there is actual or 155
241-suspected child abuse or neglect, the hospital or any of its 156
242-licensed health care profes sionals shall report the actual or 157
243-suspected child abuse or neglect in accordance with ss. 39.201 158
244-and 395.1023 in lieu of contacting a licensed child -placing 159
245-agency. 160
246- (9)(8) Any newborn infant admitted to a hospital in 161
247-accordance with this section is pres umed eligible for coverage 162
248-under Medicaid, subject to federal rules. 163
249- (10)(9) A newborn infant left at a hospital, emergency 164
250-medical services station, or fire station in accordance with 165
251-this section shall not be deemed abandoned and subject to 166
252-reporting and investigation requirements under s. 39.201 unless 167
253-there is actual or suspected child abuse or until the Department 168
254-of Health takes physical custody of the child. 169
255- (11) If the parent of a newborn infant is unable to 170
256-surrender the newborn infant in accordance with this section, 171
257-the parent may dial 911 to request that an emergency medical 172
258-services provider meet the surrendering parent at a specified 173
259-location. The surrendering parent must stay with the newborn 174
260-infant until the emergency medical services provider arrives to 175
236+abuse hotline for the name of a licensed child -placing agency 151
237+for purposes of transferring physical custody of the newborn 152
238+infant. The hospital shall notify the licensed child -placing 153
239+agency that a newborn infant has been left with the hospital and 154
240+approximately when the licensed child -placing agency can take 155
241+physical custody of the child. In cases where there is actual or 156
242+suspected child abuse or neglect, the hospital or any of its 157
243+licensed health care professionals shall report the actual or 158
244+suspected child abuse or neglect in accordance with ss. 39.201 159
245+and 395.1023 in lieu of cont acting a licensed child -placing 160
246+agency. 161
247+ (9)(8) Any newborn infant admitted to a hospital in 162
248+accordance with this section is presumed eligible for coverage 163
249+under Medicaid, subject to federal rules. 164
250+ (10)(9) A newborn infant left at a hospital, an emergency 165
251+medical services station, or a fire station in accordance with 166
252+this section shall not be deemed abandoned and subject to 167
253+reporting and investigation requirements under s. 39.201 unless 168
254+there is actual or suspected child abuse or until the Department 169
255+of Health takes physical custody of the child. 170
256+ (11) If the parent of a newborn infant is unable to 171
257+surrender the newborn infant in accordance with this section, 172
258+the parent may dial 911 to request that an emergency medical 173
259+services provider meet the surrende ring parent at a specified 174
260+location. The surrendering parent must stay with the newborn 175
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269269 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
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273-take custody of the infant. 176
274- (12)(10) A criminal investigation may shall not be 177
275-initiated solely because a newborn infant is left in accordance 178
276-with at a hospital under this section unless there is actual or 179
277-suspected child abuse or neglect. 180
278- Section 2. Subsections (1), (4), (7), (9), and (10) of 181
279-section 63.0423, Florida Statutes, are amended to read: 182
280- 63.0423 Procedures with respect to surrendered infants.— 183
281- (1) Upon entry of final judgment terminating parental 184
282-rights, a licensed child -placing agency that takes physical 185
283-custody of an infant surrendered at a hospital, emergency 186
284-medical services station, or fire station pursuant to s. 383.50 187
285-assumes responsibility for the medical and other costs 188
286-associated with the emergency services and care of the 189
287-surrendered infant from the time the licensed child -placing 190
288-agency takes physical custody of the surrendered infant. 191
289- (4) The parent who surrenders the infant in accordance 192
290-with s. 383.50 is presumed to have consented to termination of 193
291-parental rights, and express consent is not required. Except 194
292-when there is actual or suspected child abuse or neglect, the 195
293-licensed child-placing agency may shall not attempt to pursue, 196
294-search for, or notify that parent as provided in s. 63.088 and 197
295-chapter 49. For purposes of s. 383.50 and this section, an 198
296-infant who tests positive for illegal drugs, narcotic 199
297-prescription drugs, alcohol, or other substances, but shows no 200
273+infant until the emergency medical services provider arrives to 176
274+take custody of the newborn infant. 177
275+ (12)(10) A criminal investigation may shall not be 178
276+initiated solely because a newborn infant is left at a hospital , 179
277+an emergency medical services station, or a fire station under 180
278+this section unless there is actual or suspected child abuse or 181
279+neglect. 182
280+ Section 2. Section 63.0423, Florida Statutes, is amended 183
281+to read: 184
282+ 63.0423 Procedures with respect to surrendered newborn 185
283+infants.— 186
284+ (1) Upon entry of final judgment terminating parental 187
285+rights, a licensed child -placing agency that takes physical 188
286+custody of a newborn an infant surrendered at a hospital, an 189
287+emergency medical services station, or a fire station pursuant 190
288+to s. 383.50 assumes responsibility for the medical and other 191
289+costs associated with the emergency services and care of the 192
290+surrendered newborn infant from the time the licensed child -193
291+placing agency takes p hysical custody of the surrendered newborn 194
292+infant. 195
293+ (2) The licensed child -placing agency shall immediately 196
294+seek an order from the circuit court for emergency custody of 197
295+the surrendered newborn infant. The emergency custody order 198
296+shall remain in effect un til the court orders preliminary 199
297+approval of placement of the surrendered newborn infant in the 200
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306306 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
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310-other signs of child abuse or neglect, shall be placed in the 201
311-custody of a licensed child -placing agency. Such a placement 202
312-does not eliminate the reporting requirement under s. 383.50(8) 203
313-s. 383.50(7). When the department is contacted regarding an 204
314-infant properly surrendered under this section and s. 383.50, 205
315-the department shall provide instruction to contact a licensed 206
316-child-placing agency and may not take custody of the infant 207
317-unless reasonable efforts to contact a licensed child -placing 208
318-agency to accept the infant have not been successful. 209
319- (7) If a claim of parental rights of a surrendered infant 210
320-is made before the judgment to terminate parental rights is 211
321-entered, the circuit court may hold the action for termination 212
322-of parental rights in abeyance for a per iod of time not to 213
323-exceed 60 days. 214
324- (a) The court may order scientific testing to determine 215
325-maternity or paternity at the expense of the parent claiming 216
326-parental rights. 217
327- (b) The court shall appoint a guardian ad litem for the 218
328-surrendered infant and orde r whatever investigation, home 219
329-evaluation, and psychological evaluation are necessary to 220
330-determine what is in the best interests of the surrendered 221
331-infant. 222
332- (c) The court may not terminate parental rights solely on 223
333-the basis that the parent surrendered left the infant at a 224
334-hospital, emergency medical services station, or fire station in 225
310+prospective home, at which time the prospective adoptive parents 201
311+become guardians pending termination of parental rights and 202
312+finalization of adoption or until t he court orders otherwise. 203
313+The guardianship of the prospective adoptive parents shall 204
314+remain subject to the right of the licensed child -placing agency 205
315+to remove the surrendered newborn infant from the placement 206
316+during the pendency of the proceedings if suc h removal is deemed 207
317+by the licensed child -placing agency to be in the best interests 208
318+of the child. The licensed child -placing agency may immediately 209
319+seek to place the surrendered newborn infant in a prospective 210
320+adoptive home. 211
321+ (3) The licensed child -placing agency that takes physical 212
322+custody of the surrendered newborn infant shall, within 24 hours 213
323+thereafter, request assistance from law enforcement officials to 214
324+investigate and determine, through the Missing Children 215
325+Information Clearinghouse, the National Center for Missing and 216
326+Exploited Children, and any other national and state resources, 217
327+whether the surrendered newborn infant is a missing child. 218
328+ (4) The parent who surrenders the newborn infant in 219
329+accordance with s. 383.50 is presumed to have consented to 220
330+termination of parental rights, and express consent is not 221
331+required. Except when there is actual or suspected child abuse 222
332+or neglect, the licensed child -placing agency may shall not 223
333+attempt to pursue, search for, or notify that parent as provided 224
334+in s. 63.088 and chapter 49. For purposes of s. 383.50 and this 225
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343343 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
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347-accordance with s. 383.50. 226
348- (d) The court shall enter a judgment with written findings 227
349-of fact and conclusions of law. 228
350- (9)(a) A judgment terminating parental rights to a 229
351-surrendered infant pending adoption is voidable, and any later 230
352-judgment of adoption of that child minor is voidable, if, upon 231
353-the motion of a parent, the court finds that a person knowingly 232
354-gave false information that prevented the parent from timely 233
355-making known his or her desire to assume parental 234
356-responsibilities toward the child minor or from exercising his 235
357-or her parental rights. A motion under this subsection must be 236
358-filed with the court originally entering the judgment. The 237
359-motion must be filed with in a reasonable time but not later than 238
360-1 year after the entry of the judgment terminating parental 239
361-rights. 240
362- (b) No later than 30 days after the filing of a motion 241
363-under this subsection, the court shall conduct a preliminary 242
364-hearing to determine what cont act, if any, will be allowed 243
365-permitted between a parent and the child pending resolution of 244
366-the motion. Such contact may be allowed only if it is requested 245
367-by a parent who has appeared at the hearing and the court 246
368-determines that it is in the best interest s of the child. If the 247
369-court orders contact between a parent and the child, the order 248
370-must be issued in writing as expeditiously as possible and must 249
371-state with specificity any provisions regarding contact with 250
347+section, a surrendered newborn an infant who tests positive for 226
348+illegal drugs, narcotic prescription drugs, alcohol, or other 227
349+substances, but shows no other signs of child abuse or neglect, 228
350+shall be placed in the custody of a licensed child -placing 229
351+agency. Such a placement does not eliminate the reporting 230
352+requirement under s. 383.50(8) s. 383.50(7). When the department 231
353+is contacted regarding a newborn an infant properly surrendered 232
354+under this section and s. 383.50, the department shall provide 233
355+instruction to contact a licensed child -placing agency and may 234
356+not take custody of the newborn infant unless reasonable efforts 235
357+to contact a licensed child -placing agency to accept the newborn 236
358+infant have not been successful. 237
359+ (5) A petition for termination of parental rights under 238
360+this section may not be filed until 30 days after the date the 239
361+newborn infant was surrendered in accordance with s. 383.50. A 240
362+petition for termination of parental rights may not be gr anted 241
363+until a parent has failed to reclaim or claim the surrendered 242
364+newborn infant within the time period specified in s. 383.50. 243
365+ (6) A claim of parental rights of the surrendered newborn 244
366+infant must be made to the entity having legal custody of the 245
367+surrendered newborn infant or to the circuit court before which 246
368+proceedings involving the surrendered newborn infant are 247
369+pending. A claim of parental rights of the surrendered newborn 248
370+infant may not be made after the judgment to terminate parental 249
371+rights is entered, except as otherwise provided by subsection 250
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380380 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
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384-persons other than those with whom the child resides. 251
385- (c) The court may not order scientific testing to 252
386-determine the paternity or maternity of the child minor until 253
387-such time as the court determines that a previously entered 254
388-judgment terminating the parental rights of that parent is 255
389-voidable pursuant to paragraph (a), unless all parties agree 256
390-that such testing is in the best interests of the child. Upon 257
391-the filing of test results establishing that person's maternity 258
392-or paternity of the surrendered infant, the court may order 259
393-visitation only if it a ppears to be in the best interests of the 260
394-child. 261
395- (d) Within 45 days after the preliminary hearing, the 262
396-court shall conduct a final hearing on the motion to set aside 263
397-the judgment and shall enter its written order as expeditiously 264
398-as possible thereafter. 265
399- (10) Except to the extent expressly provided in this 266
400-section, proceedings initiated by a licensed child -placing 267
401-agency for the termination of parental rights and subsequent 268
402-adoption of a newborn infant surrendered left at a hospital, 269
403-emergency medical se rvices station, or fire station in 270
404-accordance with s. 383.50 shall be conducted pursuant to this 271
405-chapter. 272
406- Section 3. This act shall take effect July 1, 2023. 273
384+(9). 251
385+ (7) If a claim of parental rights of a surrendered newborn 252
386+infant is made before the judgment to terminate parental rights 253
387+is entered, the circuit court may hold the action for 254
388+termination of parental rights in abeyance for a period of time 255
389+not to exceed 60 days. 256
390+ (a) The court may order scientific testing to de termine 257
391+maternity or paternity at the expense of the parent claiming 258
392+parental rights. 259
393+ (b) The court shall appoint a guardian ad litem for the 260
394+surrendered newborn infant and order whatever investigation, 261
395+home evaluation, and psychological evaluation are n ecessary to 262
396+determine what is in the best interests of the surrendered 263
397+newborn infant. 264
398+ (c) The court may not terminate parental rights solely on 265
399+the basis that the parent left the newborn infant at a hospital, 266
400+an emergency medical services station, or a fire station in 267
401+accordance with s. 383.50. 268
402+ (d) The court shall enter a judgment with written findings 269
403+of fact and conclusions of law. 270
404+ (8) Within 7 business days after recording the judgment, 271
405+the clerk of the court shall mail a copy of the judgment to the 272
406+department, the petitioner, and any person whose consent was 273
407+required, if known. The clerk shall execute a certificate of 274
408+each mailing. 275
409+
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417+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
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420+
421+ (9)(a) A judgment terminating parental rights of a 276
422+surrendered newborn infant pending adoption is voidable, and an y 277
423+later judgment of adoption of that child minor is voidable, if, 278
424+upon the motion of a parent, the court finds that a person 279
425+knowingly gave false information that prevented the parent from 280
426+timely making known his or her desire to assume parental 281
427+responsibilities toward the child minor or from exercising his 282
428+or her parental rights. A motion under this subsection must be 283
429+filed with the court originally entering the judgment. The 284
430+motion must be filed within a reasonable time but not later than 285
431+1 year after the entry of the judgment terminating parental 286
432+rights. 287
433+ (b) No later than 30 days after the filing of a motion 288
434+under this subsection, the court shall conduct a preliminary 289
435+hearing to determine what contact, if any, will be allowed 290
436+permitted between a parent and the child pending resolution of 291
437+the motion. Such contact may be allowed only if it is requested 292
438+by a parent who has appeared at the hearing and the court 293
439+determines that it is in the best interests of the child. If the 294
440+court orders contact between a pa rent and the child, the order 295
441+must be issued in writing as expeditiously as possible and must 296
442+state with specificity any provisions regarding contact with 297
443+persons other than those with whom the child resides. 298
444+ (c) The court may not order scientific testin g to 299
445+determine the paternity or maternity of the child minor until 300
446+
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454+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
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456+
457+
458+such time as the court determines that a previously entered 301
459+judgment terminating the parental rights of that parent is 302
460+voidable pursuant to paragraph (a), unless all parties agree 303
461+that such testing is in the best interests of the child. Upon 304
462+the filing of test results establishing that person's maternity 305
463+or paternity of the surrendered newborn infant, the court may 306
464+order visitation only if it appears to be in the best interests 307
465+of the child. 308
466+ (d) Within 45 days after the preliminary hearing, the 309
467+court shall conduct a final hearing on the motion to set aside 310
468+the judgment and shall enter its written order as expeditiously 311
469+as possible thereafter. 312
470+ (10) Except to the extent expressly provided i n this 313
471+section, proceedings initiated by a licensed child -placing 314
472+agency for the termination of parental rights and subsequent 315
473+adoption of a newborn infant left at a hospital, an emergency 316
474+medical services station, or a fire station in accordance with 317
475+s. 383.50 shall be conducted pursuant to this chapter. 318
476+ Section 3. This act shall take effect July 1, 2023. 319