HB 1339 2023
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hb1339-00
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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 placement of surrendered newborn 2
infants; amending s. 63.039, F.S.; requiring licensed 3
child-placing agencies to maintain a specified 4
registry; requiring that certain information be 5
removed from the registry under certain circumstances; 6
prohibiting the child -placing agency from transferring 7
certain costs to prospective adoptive parents; 8
amending s. 63.0423, F.S.; requiring licensed child -9
placing agencies to immediately place a surrendered 10
newborn infant in the physical custody of an 11
identified prospective adoptive parent; providing that 12
the prospective adoptive parent becomes the guardian 13
of such infant under certain conditions for a cert ain 14
period of time; providing requirements that apply if a 15
certain prospective adoptive home is not available; 16
requiring the court to require the child -placing 17
agency to make certain reasonable efforts to identify 18
an appropriate prospective adoptive parent ; conforming 19
provisions to changes made by the act; amending s. 20
383.50, F.S.; providing requirements for licensed 21
child-placing agencies once they take physical custody 22
of a surrendered newborn infant; conforming provisions 23
to changes made by the act; prov iding an effective 24
date. 25
HB 1339 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1339-00
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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
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Section 1. Present subsections (3), (4), and (5) of 29
section 63.039, Florida Statutes, are redesignated as 30
subsections (4), (5), and (6), respectively, and a new 31
subsection (3) is added to that section, to read: 32
63.039 Duties Duty of adoption entity; to Prospective 33
Adoptive Parents of Infants registry; sanctions.— 34
(3)(a) A licensed child -placing agency shall establish and 35
maintain a registry of prospective adop tive parents of infants 36
with the names and addresses of prospective adoptive parents who 37
have received a favorable preliminary home study under s. 63.092 38
and have indicated the desire to be a prospective adoptive 39
parent only for a newborn infant surrendere d under s. 383.50. 40
The licensed child-placing agency must remove the name and 41
address of a prospective adoptive parent from the registry when 42
the favorable preliminary home study for such prospective 43
adoptive parent is no longer valid as provided in s. 63. 092(3). 44
(b) The child-placing agency may not transfer the cost of 45
establishing and maintaining the registry created pursuant to 46
this subsection to a prospective adoptive parent through either 47
the cost of the home study or through the cost of adoption of a 48
newborn infant under this section. 49
Section 2. Subsection (2) of section 63.0423, Florida 50
HB 1339 2023
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hb1339-00
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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
Statutes, is amended to read: 51
63.0423 Procedures with respect to surrendered infants. — 52
(2) Upon taking physical custody of a newborn infant 53
surrendered pursuant to s. 383.50, the licensed child-placing 54
agency shall immediately place the surrendered infant with an 55
identified prospective adoptive parent, at which time the 56
prospective adoptive parent becomes the guardian of the 57
surrendered infant pending terminat ion of parental rights and 58
finalization of adoption or until the court orders otherwise. If 59
a prospective adoptive parent from the registry is not 60
available, the licensed child -placing agency must seek an order 61
from the circuit court for emergency custody of the surrendered 62
infant. As a part of the emergency order, the court shall 63
require the licensed child -placing agency that has been unable 64
to identify a prospective adoptive parent for the surrendered 65
infant to make all reasonable efforts to identify an a ppropriate 66
prospective adoptive parent as soon as practicable, including 67
but not limited to, contacting all other licensed child -placing 68
agencies in this state to facilitate the identification of a 69
prospective adoptive parent from the registry described in s. 70
63.039. The emergency custody order remains shall remain in 71
effect until the court orders preliminary approval of placement 72
of the surrendered infant in a the prospective home, at which 73
time the prospective adoptive parent becomes parents become 74
guardian guardians pending termination of parental rights and 75
HB 1339 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1339-00
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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
finalization of adoption or until the court orders otherwise. 76
The guardianship of the prospective adoptive parent is parents 77
shall remain subject to the right of the licensed child -placing 78
agency to remove the surrendered infant from the placement 79
during the pendency of the proceedings if such removal is deemed 80
by the licensed child -placing agency to be in the best interests 81
of the child. The licensed child-placing agency may immediately 82
seek to place the surrendered infant in a prospective adoptive 83
home. 84
Section 3. Subsection (7) of section 383.50, Florida 85
Statutes, is amended to read: 86
383.50 Treatment of surrendered newborn infant. — 87
(7) Upon admitting a newborn infant under this section, 88
the hospital shall immediately contact a local licensed child -89
placing agency or alternatively contact the statewide central 90
abuse hotline for the name of a licensed child -placing agency 91
for purposes of transferring physical custody of the newborn 92
infant. The hospital shall notify the licensed child -placing 93
agency that a newborn infant has been left with the hospital and 94
approximately when the licensed child -placing agency can take 95
physical custody of the child. Once the licensed child -placing 96
agency takes physical custody of the newborn infant, the agency 97
shall immediately seek to place the surrendered newborn infant 98
with a prospective adoptive parent who is on the Prospective 99
Adoptive Parents of Infants registry established and maintained 100
HB 1339 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1339-00
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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
under s. 63.039. If a p rospective adoptive parent from the 101
registry is not available, the licensed child -placing agency 102
must follow the procedures in s. 63.0423. In cases where there 103
is actual or suspected child abuse or neglect, the hospital or 104
any of its licensed health care p rofessionals shall report the 105
actual or suspected child abuse or neglect in accordance with 106
ss. 39.201 and 395.1023 in lieu of contacting a licensed child -107
placing agency. 108
Section 4. This act shall take effect July 1, 2023. 109