CS/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; providing additional 14
locations to which the prohibition on the initiation 15
of criminal investigations based solely on the 16
surrendering of a newborn infant applies; authorizing 17
a parent to surrender a newborn infant by calling 911 18
and requesting an emergency medical services provider 19
to meet at a specified location to retrieve the 20
newborn infant; requiring the parent to stay with the 21
newborn infant until the emergency medical services 22
provider arrives; amending s. 63.0423, F.S.; 23
conforming a cross-reference; making conforming 24
changes; providing an effective date. 25
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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
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Section 383.50, Florida Statutes, is amended to 29
read: 30
383.50 Treatment of surrendered newborn infant. — 31
(1) As used in this section, the term : 32
(a) "Newborn infant" means a child who a licensed 33
physician reasonably believes is approximately 30 7 days old or 34
younger at the time the child is surrendered under this section 35
left at a hospital, emergency medical services station, or fire 36
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 building 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 s ection 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 m onitor 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 infant in 127
accordance with this section with a firefighter, emergency 128
medical technician, or paramedic at a fire station or emergency 129
medical services station , or brings a newborn infant to an 130
emergency room of a hospital and expresses an intent to leave 131
the newborn infant and not return, has the absolute right to 132
remain anonymous and to leave at any time and may not be pursued 133
or followed unless the parent seeks to reclaim the newborn 134
infant. When an infant is born in a hospital and the mother 135
expresses intent to leave the infant and not return, upon the 136
mother's request, the hospital or registrar shall complete the 137
infant's birth certificate without naming the mother thereon. 138
(7)(6) A parent of a newborn infant left in accordance 139
with at a hospital, emergency m edical services station, or fire 140
station under this section may claim his or her newborn infant 141
up until the court enters a judgment terminating his or her 142
parental rights. A claim to the newborn infant must be made to 143
the entity having physical or legal c ustody of the newborn 144
infant or to the circuit court before whom proceedings involving 145
the newborn infant are pending. 146
(8)(7) Upon admitting a newborn infant under this section, 147
the hospital shall immediately contact a local licensed child -148
placing agency or alternatively contact the statewide central 149
abuse hotline for the name of a licensed child -placing agency 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
for purposes of transferring physical custody of the newborn 151
infant. The hospital shall notify the licensed child -placing 152
agency that a newborn in fant has been left with the hospital and 153
approximately when the licensed child -placing agency can take 154
physical custody of the child. In cases where there is actual or 155
suspected child abuse or neglect, the hospital or any of its 156
licensed health care profes sionals shall report the actual or 157
suspected child abuse or neglect in accordance with ss. 39.201 158
and 395.1023 in lieu of contacting a licensed child -placing 159
agency. 160
(9)(8) Any newborn infant admitted to a hospital in 161
accordance with this section is pres umed eligible for coverage 162
under Medicaid, subject to federal rules. 163
(10)(9) A newborn infant left at a hospital, emergency 164
medical services station, or fire station in accordance with 165
this section shall not be deemed abandoned and subject to 166
reporting and investigation requirements under s. 39.201 unless 167
there is actual or suspected child abuse or until the Department 168
of Health takes physical custody of the child. 169
(11) If the parent of a newborn infant is unable to 170
surrender the newborn infant in accordance with this section, 171
the parent may dial 911 to request that an emergency medical 172
services provider meet the surrendering parent at a specified 173
location. The surrendering parent must stay with the newborn 174
infant until the emergency medical services provider arrives to 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
take custody of the infant. 176
(12)(10) A criminal investigation may shall not be 177
initiated solely because a newborn infant is left in accordance 178
with at a hospital under this section unless there is actual or 179
suspected child abuse or neglect. 180
Section 2. Subsections (1), (4), (7), (9), and (10) of 181
section 63.0423, Florida Statutes, are amended to read: 182
63.0423 Procedures with respect to surrendered infants.— 183
(1) Upon entry of final judgment terminating parental 184
rights, a licensed child -placing agency that takes physical 185
custody of an infant surrendered at a hospital, emergency 186
medical services station, or fire station pursuant to s. 383.50 187
assumes responsibility for the medical and other costs 188
associated with the emergency services and care of the 189
surrendered infant from the time the licensed child -placing 190
agency takes physical custody of the surrendered infant. 191
(4) The parent who surrenders the infant in accordance 192
with s. 383.50 is presumed to have consented to termination of 193
parental rights, and express consent is not required. Except 194
when there is actual or suspected child abuse or neglect, the 195
licensed child-placing agency may shall not attempt to pursue, 196
search for, or notify that parent as provided in s. 63.088 and 197
chapter 49. For purposes of s. 383.50 and this section, an 198
infant who tests positive for illegal drugs, narcotic 199
prescription drugs, alcohol, or other substances, but shows no 200
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other signs of child abuse or neglect, shall be placed in the 201
custody of a licensed child -placing agency. Such a placement 202
does not eliminate the reporting requirement under s. 383.50(8) 203
s. 383.50(7). When the department is contacted regarding an 204
infant properly surrendered under this section and s. 383.50, 205
the department shall provide instruction to contact a licensed 206
child-placing agency and may not take custody of the infant 207
unless reasonable efforts to contact a licensed child -placing 208
agency to accept the infant have not been successful. 209
(7) If a claim of parental rights of a surrendered infant 210
is made before the judgment to terminate parental rights is 211
entered, the circuit court may hold the action for termination 212
of parental rights in abeyance for a per iod of time not to 213
exceed 60 days. 214
(a) The court may order scientific testing to determine 215
maternity or paternity at the expense of the parent claiming 216
parental rights. 217
(b) The court shall appoint a guardian ad litem for the 218
surrendered infant and orde r whatever investigation, home 219
evaluation, and psychological evaluation are necessary to 220
determine what is in the best interests of the surrendered 221
infant. 222
(c) The court may not terminate parental rights solely on 223
the basis that the parent surrendered left the infant at a 224
hospital, emergency medical services station, or fire station in 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
accordance with s. 383.50. 226
(d) The court shall enter a judgment with written findings 227
of fact and conclusions of law. 228
(9)(a) A judgment terminating parental rights to a 229
surrendered infant pending adoption is voidable, and any later 230
judgment of adoption of that child minor is voidable, if, upon 231
the motion of a parent, the court finds that a person knowingly 232
gave false information that prevented the parent from timely 233
making known his or her desire to assume parental 234
responsibilities toward the child minor or from exercising his 235
or her parental rights. A motion under this subsection must be 236
filed with the court originally entering the judgment. The 237
motion must be filed with in a reasonable time but not later than 238
1 year after the entry of the judgment terminating parental 239
rights. 240
(b) No later than 30 days after the filing of a motion 241
under this subsection, the court shall conduct a preliminary 242
hearing to determine what cont act, if any, will be allowed 243
permitted between a parent and the child pending resolution of 244
the motion. Such contact may be allowed only if it is requested 245
by a parent who has appeared at the hearing and the court 246
determines that it is in the best interest s of the child. If the 247
court orders contact between a parent and the child, the order 248
must be issued in writing as expeditiously as possible and must 249
state with specificity any provisions regarding contact with 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
persons other than those with whom the child resides. 251
(c) The court may not order scientific testing to 252
determine the paternity or maternity of the child minor until 253
such time as the court determines that a previously entered 254
judgment terminating the parental rights of that parent is 255
voidable pursuant to paragraph (a), unless all parties agree 256
that such testing is in the best interests of the child. Upon 257
the filing of test results establishing that person's maternity 258
or paternity of the surrendered infant, the court may order 259
visitation only if it a ppears to be in the best interests of the 260
child. 261
(d) Within 45 days after the preliminary hearing, the 262
court shall conduct a final hearing on the motion to set aside 263
the judgment and shall enter its written order as expeditiously 264
as possible thereafter. 265
(10) Except to the extent expressly provided in this 266
section, proceedings initiated by a licensed child -placing 267
agency for the termination of parental rights and subsequent 268
adoption of a newborn infant surrendered left at a hospital, 269
emergency medical se rvices station, or fire station in 270
accordance with s. 383.50 shall be conducted pursuant to this 271
chapter. 272
Section 3. This act shall take effect July 1, 2023. 273