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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 infants; amending s. 2
383.50, F.S.; changing the term "newborn infant" to 3
"infant"; increasing the age at which a child is 4
considered an infant; authorizing a parent to leave an 5
infant with medical staff or a licensed health care 6
professional at a hospital after the delivery of the 7
infant, upon the parent giving a certain notification; 8
authorizing a parent to surrender an infa nt by calling 9
911 to request that an emergency medical services 10
provider meet the surrendering parent at a specified 11
location; requiring the surrendering parent to stay 12
with the infant until the emergency medical services 13
provider arrives to take custody o f the infant; 14
amending ss. 39.01, 39.201, 63.0423, 63.167, 383.51, 15
827.035, and 827.10, F.S.; conforming provisions to 16
changes made by the act; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 383.50, Florida Statutes, is amended to 21
read: 22
383.50 Treatment of surrendered newborn infant.— 23
(1) As used in this section, the term " newborn infant" 24
means a child who a licensed physician reasonably believes is 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
approximately 30 7 days old or younger at the time the child is 26
left at a hospital, an emergency medical services station, or a 27
fire station. 28
(2) There is a presumption that the parent who leaves the 29
newborn infant in accordance with this section intended to leave 30
the newborn infant and consented to termination of parental 31
rights. 32
(3) Each emergency medical services station or fire 33
station that is staffed with full-time firefighters, emergency 34
medical technicians, or paramedics shall accept any newborn 35
infant left with a firefighter, an emergency medical technician, 36
or a paramedic. The firefighter, emergency medical technician, 37
or paramedic shall consider these actions as implied consent to 38
and shall: 39
(a) Provide emergency medical services to the newborn 40
infant to the extent that he or she is trained to provide those 41
services;, and 42
(b) Arrange for the immediate transportation of the 43
newborn infant to the nearest hospital having emergency 44
services. 45
46
A licensee as defined in s. 401.23, a fire department, or an 47
employee or agent of a licen see or fire department may treat and 48
transport an a newborn infant pursuant to this section. If an a 49
newborn infant is placed in the physical custody of an employee 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
or agent of a licensee or fire department, such placement is 51
shall be considered implied co nsent for treatment and transport. 52
A licensee, a fire department, or an employee or agent of a 53
licensee or fire department is immune from criminal or civil 54
liability for acting in good faith pursuant to this section. 55
Nothing in This subsection does not limit limits liability for 56
negligence. 57
(4)(a) After the delivery of an infant in a hospital, a 58
parent of the infant may leave the infant with medical staff or 59
a licensed health care professional at the hospital if the 60
parent notifies such medical staff or l icensed health care 61
professional that the parent is voluntarily surrendering the 62
infant and does not intend to return. 63
(b) Each hospital of this state subject to s. 395.1041 64
shall, and any other hospital may, admit and provide all 65
necessary emergency ser vices and care, as defined in s. 66
395.002(9), to any newborn infant left with the hospital in 67
accordance with this section. The hospital or any of its medical 68
staff or licensed health care professionals shall consider these 69
actions as implied consent for tr eatment, and a hospital 70
accepting physical custody of an a newborn infant has implied 71
consent to perform all necessary emergency services and care. 72
The hospital or any of its medical staff or licensed health care 73
professionals are is immune from criminal or civil liability for 74
acting in good faith in accordance with this section. Nothing in 75
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This subsection does not limit limits liability for negligence. 76
(5) Except when there is actual or suspected child abuse 77
or neglect, any parent who leaves an a newborn infant with a 78
firefighter, an emergency medical technician, or a paramedic at 79
a fire station or an emergency medical services station, or 80
brings an a newborn infant to an emergency room of a hospital 81
and expresses an intent to leave the newborn infant and not 82
return, has the absolute right to remain anonymous and to leave 83
at any time and may not be pursued or followed unless the parent 84
seeks to reclaim the newborn infant. When an infant is born in a 85
hospital and the mother expresses intent to leave the infant and 86
not return, upon the mother's request, the hospital or registrar 87
shall complete the infant's birth certificate without naming the 88
mother thereon. 89
(6) A parent of an a newborn infant left at a hospital, an 90
emergency medical services station, or a fire station under this 91
section may claim his or her newborn infant up until the court 92
enters a judgment terminating his or her parental rights. A 93
claim to the newborn infant must be made to the entity having 94
physical or legal custody of the newborn infant or to the 95
circuit court before whom proceedings involving the newborn 96
infant are pending. 97
(7) Upon admitting an a newborn infant under this section, 98
the hospital shall immediately contact a local licensed child -99
placing agency or alternatively contact the statewide central 100
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abuse hotline for the name of a licensed child -placing agency 101
for purposes of transferring physical custody of the newborn 102
infant. The hospital shall notify the licensed child -placing 103
agency that an a newborn infant has been left with the hospital 104
and approximately when the licensed child -placing agency can 105
take physical custody of the infant child. In cases where there 106
is actual or suspected child abuse or neglect, the hospital or 107
any of its medical staff or licensed health care professionals 108
shall report the actual or suspected child abuse or neglect in 109
accordance with ss. 39.201 and 395.1023 in lieu of contacting a 110
licensed child-placing agency. 111
(8) An Any newborn infant admitted to a hospita l in 112
accordance with this section is presumed eligible for coverage 113
under Medicaid, subject to federal rules. 114
(9) An A newborn infant left at a hospital, an emergency 115
medical services station, or a fire station in accordance with 116
this section may shall not be deemed abandoned and subject to 117
reporting and investigation requirements under s. 39.201 unless 118
there is actual or suspected child abuse or until the Department 119
of Health takes physical custody of the infant child. 120
(10) If the parent of an infant i s unable to surrender the 121
infant in accordance with this section, the parent may call 911 122
to request that an emergency medical services provider meet the 123
surrendering parent at a specified location. The surrendering 124
parent must stay with the infant until t he emergency medical 125
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services provider arrives to take custody of the infant. 126
(11) A criminal investigation may shall not be initiated 127
solely because an a newborn infant is surrendered in accordance 128
with left at a hospital under this section unless there is 129
actual or suspected child abuse or neglect. 130
Section 2. Subsection (1) and paragraph (e) of subsection 131
(34) of section 39.01, Florida Statutes, are amended to read: 132
39.01 Definitions.—When used in this chapter, unless the 133
context otherwise requires: 134
(1) "Abandoned" or "abandonment" means a situation in 135
which the parent or legal custodian of a child or, in the 136
absence of a parent or legal custodian, the caregiver, while 137
being able, has made no significant contribution to the child's 138
care and maintenance or has failed to establish or maintain a 139
substantial and positive relationship with the child, or both. 140
For purposes of this subsection, "establish or maintain a 141
substantial and positive relationship" includes, but is not 142
limited to, frequent and regular contact with the child through 143
frequent and regular visitation or frequent and regular 144
communication to or with the child, and the exercise of parental 145
rights and responsibilities. Marginal efforts and incidental or 146
token visits or communications are not sufficient to establish 147
or maintain a substantial and positive relationship with a 148
child. A man's acknowledgment of paternity of the child does not 149
limit the period of time considered in determining whether the 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
child was abandoned. The term does not include a surrendered 151
newborn infant as described in s. 383.50, a "child in need of 152
services" as defined in chapter 984, or a "family in need of 153
services" as defined in chapter 984. The absence of a parent, 154
legal custodian, or care giver responsible for a child's welfare, 155
who is a servicemember, by reason of deployment or anticipated 156
deployment as defined in 50 U.S.C. s. 3938(e), may not be 157
considered or used as a factor in determining abandonment. The 158
incarceration, repeated incarce ration, or extended incarceration 159
of a parent, legal custodian, or caregiver responsible for a 160
child's welfare may support a finding of abandonment. 161
(34) "Harm" to a child's health or welfare can occur when 162
any person: 163
(e) Abandons the child. Within th e context of the 164
definition of "harm," the term "abandoned the child" or 165
"abandonment of the child" means a situation in which the parent 166
or legal custodian of a child or, in the absence of a parent or 167
legal custodian, the caregiver, while being able, has made no 168
significant contribution to the child's care and maintenance or 169
has failed to establish or maintain a substantial and positive 170
relationship with the child, or both. For purposes of this 171
paragraph, "establish or maintain a substantial and positive 172
relationship" includes, but is not limited to, frequent and 173
regular contact with the child through frequent and regular 174
visitation or frequent and regular communication to or with the 175
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child, and the exercise of parental rights and responsibilities. 176
Marginal efforts and incidental or token visits or 177
communications are not sufficient to establish or maintain a 178
substantial and positive relationship with a child. The term 179
"abandoned" does not include a surrendered newborn infant as 180
described in s. 383.50, a chil d in need of services as defined 181
in chapter 984, or a family in need of services as defined in 182
chapter 984. The incarceration, repeated incarceration, or 183
extended incarceration of a parent, legal custodian, or 184
caregiver responsible for a child's welfare ma y support a 185
finding of abandonment. 186
Section 3. Paragraph (e) of subsection (3) of section 187
39.201, Florida Statutes, is amended to read: 188
39.201 Required reports of child abuse, abandonment, or 189
neglect, sexual abuse of a child, and juvenile sexual abus e; 190
required reports of death; reports involving a child who has 191
exhibited inappropriate sexual behavior. — 192
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. — 193
(e) Surrendered newborn infants.— 194
1. The central abuse hotline must receive reports 195
involving surrendered newborn infants as described in s. 383.50. 196
2.a. A report may not be considered a report of child 197
abuse, abandonment, or neglect solely because the infant has 198
been surrendered in accordance with left at a hospital, 199
emergency medical services s tation, or fire station under s. 200
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383.50. 201
b. If the report involving a surrendered newborn infant 202
does not include indications of child abuse, abandonment, or 203
neglect other than that necessarily entailed in the infant 204
having been surrendered left at a hospital, emergency medical 205
services station, or fire station , the central abuse hotline 206
must provide to the person making the report the name of an 207
eligible licensed child -placing agency that is required to 208
accept physical custody of and to place surrendered newborn 209
infants. The department shall provide names of eligible licensed 210
child-placing agencies on a rotating basis. 211
3. If the report includes indications of child abuse, 212
abandonment, or neglect beyond that necessarily entailed in the 213
infant having been surrendered left at a hospital, emergency 214
medical services station, or fire station , the report must be 215
considered as a report of child abuse, abandonment, or neglect 216
and, notwithstanding chapter 383, is subject to s. 39.395 and 217
all other relevant provisi ons of this chapter. 218
Section 4. Subsections (1) and (4), paragraph (c) of 219
subsection (7), and subsection (10) of section 63.0423, Florida 220
Statutes, are amended to read: 221
63.0423 Procedures with respect to surrendered infants. — 222
(1) Upon entry of fina l judgment terminating parental 223
rights, a licensed child -placing agency that takes physical 224
custody of an infant surrendered in accordance with at a 225
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hospital, emergency medical services station, or fire station 226
pursuant to s. 383.50 assumes responsibility for the medical and 227
other costs associated with the emergency services and care of 228
the surrendered infant from the time the licensed child -placing 229
agency takes physical custody of the surrendered infant. 230
(4) The parent who surrenders the infant in accord ance 231
with s. 383.50 is presumed to have consented to termination of 232
parental rights, and express consent is not required. Except 233
when there is actual or suspected child abuse or neglect, the 234
licensed child-placing agency may shall not attempt to pursue, 235
search for, or notify that parent as provided in s. 63.088 and 236
chapter 49. For purposes of s. 383.50 and this section, a 237
surrendered an infant who tests positive for illegal drugs, 238
narcotic prescription drugs, alcohol, or other substances, but 239
shows no other signs of child abuse or neglect, shall be placed 240
in the custody of a licensed child -placing agency. Such a 241
placement does not eliminate the reporting requirement under s. 242
383.50(7). When the department is contacted regarding an infant 243
properly surrendered under this section and s. 383.50, the 244
department shall provide instruction to contact a licensed 245
child-placing agency and may not take custody of the infant 246
unless reasonable efforts to contact a licensed child -placing 247
agency to accept the infant have not been successful. 248
(7) If a claim of parental rights of a surrendered infant 249
is made before the judgment to terminate parental rights is 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
entered, the circuit court may hold the action for termination 251
of parental rights in abeyance for a period of time not to 252
exceed 60 days. 253
(c) The court may not terminate parental rights solely on 254
the basis that the parent surrendered left the infant at a 255
hospital, emergency medical services station, or fire station in 256
accordance with s. 383.50. 257
(10) Except to the exte nt expressly provided in this 258
section, proceedings initiated by a licensed child -placing 259
agency for the termination of parental rights and subsequent 260
adoption of an infant surrendered a newborn left at a hospital, 261
emergency medical services station, or fir e station in 262
accordance with s. 383.50 shall be conducted pursuant to this 263
chapter. 264
Section 5. Paragraph (f) of subsection (2) of section 265
63.167, Florida Statutes, is amended to read: 266
63.167 State adoption information center. — 267
(2) The functions of the state adoption information center 268
shall include: 269
(f) Maintaining a list of licensed child -placing agencies 270
eligible and willing to take custody of and place newborn 271
infants surrendered in accordance with left at a hospital, 272
pursuant to s. 383.50. The names and contact information for the 273
licensed child-placing agencies on the list shall be provided on 274
a rotating basis to the statewide central abuse hotline. 275
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Section 6. Section 383.51, Florida Statutes, is amended to 276
read: 277
383.51 Confidentiality; identification of parent 278
surrendering leaving newborn infant at hospital, emergency 279
medical services station, or fire station .—The identity of a 280
parent who surrenders an leaves a newborn infant at a hospital, 281
emergency medical services station, or fire sta tion in 282
accordance with s. 383.50 is confidential and exempt from s. 283
119.07(1) and s. 24(a), Art. I of the State Constitution. The 284
identity of a parent surrendering an infant leaving a child 285
shall be disclosed to a person claiming to be a parent of the 286
newborn infant. 287
Section 7. Section 827.035, Florida Statutes, is amended 288
to read: 289
827.035 Newborn Infants.—It does shall not constitute 290
neglect of a child pursuant to s. 827.03 or contributing to the 291
dependency of a child pursuant to s. 827.04 , if a parent 292
surrenders an leaves a newborn infant in accordance at a 293
hospital, emergency medical services station, or fire station or 294
brings a newborn infant to an emergency room and expresses an 295
intent to leave the infant and not return, in compliance with s. 296
383.50. 297
Section 8. Subsection (3) of section 827.10, Florida 298
Statutes, is amended to read: 299
827.10 Unlawful desertion of a child. — 300
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(3) This section does not apply to a person who surrenders 301
an a newborn infant in accordance compliance with s. 383.50. 302
Section 9. This act shall take effect July 1, 2024. 303