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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 the definition of 3
the term "infant"; defining the term "newborn infant 4
safety device"; authorizing certain hospitals, 5
emergency medical services stations, and fire stations 6
to use newborn infant safety devices to accept 7
surrendered newborn infants if the device meets 8
specified criteria; requiring such hospitals, 9
emergency medical services stations, and fire stations 10
to monitor the inside of the device 24 hours per day 11
and physically check and test the devices at specified 12
intervals; providing additional requirements for 13
certain fire stations using such devices; conforming 14
provisions to changes made by the act; authorizing a 15
parent to surrender a newborn infant with medical 16
staff or a licensed health care professional at a 17
hospital after the delivery of the newborn infant 18
under certain circumstances; conforming provisions to 19
changes made by the act; authorizing a parent to 20
surrender a newborn infant by calling 911 and 21
requesting that an emergency medical services provider 22
meet the surrendering parent at a specified location 23
to retrieve the newborn infant; requiring the 24
surrendering parent to stay with the newborn infant 25
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until the emergency medical services provider arrives; 26
prohibiting criminal investigations under certain 27
circumstances; amending ss. 39.01, 39.201, 63.0423, 28
63.167, 383.51, 827.035, and 827.10, F.S.; conforming 29
provisions to changes made by the act; providing an 30
effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Section 383.50, Florida Statutes, is amended to 35
read: 36
383.50 Treatment of surrendered newborn infant.— 37
(1) As used in this section, the term : 38
(a) "Newborn infant" means a child who a licensed 39
physician reasonably believes is approximately 30 days old or 40
younger at the time the child is surrendered under this section 41
left at a hospital, an emergency medical services station, or a 42
fire station. 43
(b) "Newborn infant safety device" means a device that is 44
installed in a supporting wall of a hospital, an emergency 45
medical services station, or a fire station and that has an 46
exterior point of access allowing an individual to place a 47
newborn infant inside and an interior point of access allowing 48
individuals inside the building to safely retrieve the newborn 49
infant. 50
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(2) There is a presumption that the parent who surrenders 51
leaves the newborn infant in accordance with this section 52
intended to surrender leave the newborn infant and consented to 53
termination of parental ri ghts. 54
(3)(a) A hospital, an emergency medical services station, 55
or a fire station that is staffed 24 hours per day may use a 56
newborn infant safety device to accept surrendered newborn 57
infants under this section if the device is: 58
1. Physically part of t he hospital, emergency medical 59
services station, or fire station. 60
2. Temperature-controlled and ventilated for the safety of 61
newborn infants. 62
3. Equipped with a dual alarm system connected to the 63
physical location of the device which automatically trig gers an 64
alarm inside the building when a newborn infant is placed in the 65
device. 66
4. Equipped with a surveillance system that allows 67
employees of the hospital, emergency medical services station, 68
or fire station to monitor the inside of the device 24 hour s per 69
day. 70
5. Located such that the interior point of access is in an 71
area that is conspicuous and visible to the employees of the 72
hospital, emergency medical services station, or fire station. 73
(b) A hospital, an emergency medical services station, or 74
a fire station that uses a newborn infant safety device to 75
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accept surrendered newborn infants shall use the device's 76
surveillance system to monitor the inside of the newborn infant 77
safety device 24 hours per day and shall physically check the 78
device at least twice daily and test the device at least weekly 79
to ensure that the alarm system is in working order. A fire 80
station that is staffed 24 hours per day, except when all 81
firefighter first responders are dispatched from the fire 82
station for an emergency, must use the dual alarm system of the 83
newborn infant safety device to immediately dispatch the nearest 84
first responder to retrieve any newborn infant left in the 85
newborn infant safety device. 86
(4)(3) Each emergency medical services station or fire 87
station that is staffed with full -time firefighters, emergency 88
medical technicians, or paramedics shall accept any newborn 89
infant left with a firefighter, an emergency medical technician, 90
or a paramedic or in a newborn infant safety device . The 91
firefighter, emergency medical technician, or paramedic shall 92
consider these actions as implied consent to and shall: 93
(a) Provide emergency medical services to the newborn 94
infant to the extent that he or she is train ed to provide those 95
services; and 96
(b) Arrange for the immediate transportation of the 97
newborn infant to the nearest hospital having emergency 98
services. 99
100
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A licensee as defined in s. 401.23, a fire department, or an 101
employee or agent of a licensee or fire department may treat and 102
transport a newborn an infant pursuant to this section. If a 103
newborn an infant is placed in the physical custody of an 104
employee or agent of a licensee or fire department or is placed 105
in a newborn infant safety device , such placement is considered 106
implied consent for treatment and transport. A licensee, a fire 107
department, or an employee or agent of a licensee or fire 108
department is immune from criminal or civil liability for acting 109
in good faith pursuant to this section. This subsecti on does not 110
limit liability for negligence. 111
(5)(a)(4)(a) A newborn infant may be left with medical 112
staff or a licensed health care professional after the delivery 113
of the newborn infant in a hospital if the parent of the newborn 114
infant notifies medical st aff or a licensed health care 115
professional that the parent is voluntarily surrendering the 116
newborn infant and does not intend to return. After the delivery 117
of an infant in a hospital, a parent of the infant may leave the 118
infant with medical staff or a lice nsed health care professional 119
at the hospital if the parent notifies such medical staff or 120
licensed health care professional that the parent is voluntarily 121
surrendering the infant and does not intend to return. 122
(b) Each hospital of this state subject to s. 395.1041 123
shall, and any other hospital may, admit and provide all 124
necessary emergency services and care, as defined in s. 395.002, 125
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to any newborn infant left with the hospital in accordance with 126
this section. The hospital or any of its licensed health c are 127
professionals shall consider these actions as implied consent 128
for treatment, and a hospital accepting physical custody of a 129
newborn infant has implied consent to perform all necessary 130
emergency services and care. The hospital or any of its licensed 131
health care professionals are immune from criminal or civil 132
liability for acting in good faith in accordance with this 133
section. Nothing in this subsection limits liability for 134
negligence. Each hospital of this state subject to s. 395.1041 135
shall, and any other hospital may, admit and provide all 136
necessary emergency services and care, as defined in s. 137
395.002(9), to any infant left with the hospital in accordance 138
with this section. The hospital or any of its medical staff or 139
licensed health care professionals sh all consider these actions 140
as implied consent for treatment, and a hospital accepting 141
physical custody of an infant has implied consent to perform all 142
necessary emergency services and care. The hospital or any of 143
its medical staff or licensed health care p rofessionals are 144
immune from criminal or civil liability for acting in good faith 145
in accordance with this section. This subsection does not limit 146
liability for negligence. 147
(6)(5) Except when there is actual or suspected child 148
abuse or neglect, any parent who surrenders a newborn leaves an 149
infant in accordance with this section with a firefighter, an 150
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emergency medical technician, or a paramedic at a fire station 151
or an emergency medical services station, or brings a newborn an 152
infant to an emergency room of a hospital and expresses an 153
intent to surrender leave the newborn infant and not return , has 154
the absolute right to remain anonymous and to leave at any time 155
and may not be pursued or followed unless the parent seeks to 156
reclaim the newborn infant. When a newborn an infant is born in 157
a hospital and the mother expresses intent to surrender leave 158
the newborn infant and not return, upon the mother's request, 159
the hospital or registrar must shall complete the newborn 160
infant's birth certificate without naming the mother thereon. 161
(7)(6) A parent of a newborn an infant surrendered left at 162
a hospital, an emergency medical services station, or a fire 163
station under this section may claim his or her newborn infant 164
up until the court enters a judgment terminating his or her 165
parental rights. A claim to the newborn infant must be made to 166
the entity having physical or legal custody of the newborn 167
infant or to the circuit court before whom proceedings involving 168
the newborn infant are pending. 169
(8)(7) Upon admitting a newborn an infant under this 170
section, the hospital shall immediately contact a local licensed 171
child-placing agency or alternatively contact the statewide 172
central abuse hotline for the name of a licensed child -placing 173
agency for purposes of transferring physical custody of the 174
newborn infant. The hospital shall notify the licensed child -175
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placing agency that a newborn an infant has been left with the 176
hospital and approximately when the licensed child -placing 177
agency can take physical custody of the newborn infant. In cases 178
where there is actual or suspected child abuse or neglect, the 179
hospital or any of its medical staff or licensed health care 180
professionals shall report the actual or suspected child abuse 181
or neglect in accordance with ss. 39.201 and 395.1023 in lieu of 182
contacting a licensed child -placing agency. 183
(9)(8) A newborn An infant admitted to a hospital in 184
accordance with this section is presumed eligible for coverage 185
under Medicaid, subject to federal rules. 186
(10)(9) A newborn An infant surrendered left at a 187
hospital, an emergency medical services station, or a fire 188
station in accordance with this section is may not be deemed 189
abandoned or and subject to reporting and investigation 190
requirements under s. 39.201 unless there is actual or suspected 191
child abuse or until the Department of Health of Children and 192
Families takes physical custody of the newborn infant. 193
(11) If the parent of a newborn infant is otherwise unable 194
to surrender the newborn infant in accordance with this section, 195
the parent may dial 911 t o request that an emergency medical 196
services provider meet the surrendering parent at a specified 197
location. The surrendering parent must stay with the newborn 198
infant until the emergency medical services provider arrives to 199
take custody of the newborn infan t. 200
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(12)(10) If the parent of a newborn an infant is unable to 201
surrender the newborn infant in accordance with this section, 202
the parent may call 911 to request that an emergency medical 203
services provider meet the surrendering parent at a specified 204
location. The surrendering parent must stay with the newborn 205
infant until the emergency medical services provider arrives to 206
take custody of the newborn infant. 207
(13) A criminal investigation may not be initiated solely 208
because a newborn infant is surrendered un der this section 209
unless there is actual or suspected child abuse or neglect. 210
Section 2. Subsection (1) and paragraph (e) of subsection 211
(37) of section 39.01, Florida Statutes, are amended to read: 212
39.01 Definitions.—When used in this chapter, unless the 213
context otherwise requires: 214
(1) "Abandoned" or "abandonment" means a situation in 215
which the parent or legal custodian of a child or, in the 216
absence of a parent or legal custodian, the caregiver, while 217
being able, has made no significant contribution to the child's 218
care and maintenance or has failed to establish or maintain a 219
substantial and positive relationship with the child, or both. 220
For purposes of this subsection, "establish or maintain a 221
substantial and positive relationship" includes, but is no t 222
limited to, frequent and regular contact with the child through 223
frequent and regular visitation or frequent and regular 224
communication to or with the child, and the exercise of parental 225
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rights and responsibilities. Marginal efforts and incidental or 226
token visits or communications are not sufficient to establish 227
or maintain a substantial and positive relationship with a 228
child. A man's acknowledgment of paternity of the child does not 229
limit the period of time considered in determining whether the 230
child was abandoned. The term does not include a surrendered 231
newborn infant as described in s. 383.50, a "child in need of 232
services" as defined in chapter 984, or a "family in need of 233
services" as defined in chapter 984. The absence of a parent, 234
legal custodian, or c aregiver responsible for a child's welfare, 235
who is a servicemember, by reason of deployment or anticipated 236
deployment as defined in 50 U.S.C. s. 3938(e), may not be 237
considered or used as a factor in determining abandonment. The 238
incarceration, repeated inca rceration, or extended incarceration 239
of a parent, legal custodian, or caregiver responsible for a 240
child's welfare may support a finding of abandonment. 241
(37) "Harm" to a child's health or welfare can occur when 242
any person: 243
(e) Abandons the child. Within the context of the 244
definition of "harm," the term "abandoned the child" or 245
"abandonment of the child" means a situation in which the parent 246
or legal custodian of a child or, in the absence of a parent or 247
legal custodian, the caregiver, while being able, h as made no 248
significant contribution to the child's care and maintenance or 249
has failed to establish or maintain a substantial and positive 250
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relationship with the child, or both. For purposes of this 251
paragraph, "establish or maintain a substantial and positiv e 252
relationship" includes, but is not limited to, frequent and 253
regular contact with the child through frequent and regular 254
visitation or frequent and regular communication to or with the 255
child, and the exercise of parental rights and responsibilities. 256
Marginal efforts and incidental or token visits or 257
communications are not sufficient to establish or maintain a 258
substantial and positive relationship with a child. The term 259
"abandoned" does not include a surrendered newborn infant as 260
described in s. 383.50, a c hild in need of services as defined 261
in chapter 984, or a family in need of services as defined in 262
chapter 984. The incarceration, repeated incarceration, or 263
extended incarceration of a parent, legal custodian, or 264
caregiver responsible for a child's welfare may support a 265
finding of abandonment. 266
Section 3. Paragraph (e) of subsection (3) of section 267
39.201, Florida Statutes, is amended to read: 268
39.201 Required reports of child abuse, abandonment, or 269
neglect, sexual abuse of a child, and juvenile sexual a buse; 270
required reports of death; reports involving a child who has 271
exhibited inappropriate sexual behavior. — 272
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. — 273
(e) Surrendered newborn infants.— 274
1. The central abuse hotline must receive reports 275
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involving surrendered newborn infants as described in s. 383.50. 276
2.a. A report may not be considered a report of child 277
abuse, abandonment, or neglect solely because the newborn infant 278
has been left at a hospital, emergency medical services station, 279
or fire station under s. 383.50. 280
b. If the report involving a surrendered newborn infant 281
does not include indications of child abuse, abandonment, or 282
neglect other than that necessarily entailed in the newborn 283
infant having been left at a hospital, emergency medical 284
services station, or fire station, the central abuse hotline 285
must provide to the person making the report the name of an 286
eligible licensed child -placing agency that is required to 287
accept physical custody of and to place surrendered newborn 288
infants. The department shall provide names of eligible licensed 289
child-placing agencies on a rotating basis. 290
3. If the report includes indications of child abuse, 291
abandonment, or neglect beyond that necessarily entailed in the 292
newborn infant having been left at a hospital, emergency medical 293
services station, or fire station, the report must be considered 294
as a report of child abuse, abandonment, or neglect and, 295
notwithstanding chapter 383, is subject to s. 39.395 and all 296
other relevant provisions of this chapter. 297
Section 4. Section 63.0423, Florida Statutes, is amended 298
to read: 299
63.0423 Procedures with respect to surrendered newborn 300
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infants.— 301
(1) Upon entry of final judgment terminating parental 302
rights, a licensed child -placing agency that takes physical 303
custody of a newborn an infant surrendered at a hospital, 304
emergency medical services station, or fire station pursuant to 305
s. 383.50 assumes responsibility for the medical and other costs 306
associated with the emergency services and care of the 307
surrendered newborn infant from the time the licensed child -308
placing agency takes physical custody of the surrendered newborn 309
infant. 310
(2) The licensed child -placing agency shall immediately 311
seek an order from the circuit court for emergency custody of 312
the surrendered newborn infant. The emergency custody order 313
shall remain in effect until the court orders preliminary 314
approval of placement of the surrendered newborn infant in the 315
prospective home, at which time the prospective adoptive parents 316
become guardians pending termination of parental rights and 317
finalization of adoption or until the court orders otherwise. 318
The guardianship of the prospective adoptive parents shall 319
remain subject to the right of the licensed child -placing agency 320
to remove the surrendered newborn infant from the placement 321
during the pendency of the proceedings if such removal is deemed 322
by the licensed child -placing agency to be in the best interests 323
of the child. The licensed child -placing agency may immediately 324
seek to place the surrendered newborn infant in a prospective 325
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adoptive home. 326
(3) The licensed child -placing agency that takes physical 327
custody of the surrendered newborn infant shall, within 24 hours 328
thereafter, request assistance from law enforcement officials to 329
investigate and determine, through the Missing Children 330
Information Clearinghouse, the National Center for Missing and 331
Exploited Children, and any other national and state resources, 332
whether the surrendered newborn infant is a missing child. 333
(4) The parent who surrenders the newborn infant in 334
accordance with s. 383.50 is presumed to have consented to 335
termination of parental rights, and ex press consent is not 336
required. Except when there is actual or suspected child abuse 337
or neglect, the licensed child -placing agency may not attempt to 338
pursue, search for, or notify that parent as provided in s. 339
63.088 and chapter 49. For purposes of s. 383.5 0 and this 340
section, a newborn an infant who tests positive for illegal 341
drugs, narcotic prescription drugs, alcohol, or other 342
substances, but shows no other signs of child abuse or neglect, 343
shall be placed in the custody of a licensed child -placing 344
agency. Such a placement does not eliminate the reporting 345
requirement under s. 383.50(8) s. 383.50(7). When the department 346
is contacted regarding a newborn an infant properly surrendered 347
under this section and s. 383.50, the department shall provide 348
instruction to contact a licensed child -placing agency and may 349
not take custody of the newborn infant unless reasonable efforts 350
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to contact a licensed child -placing agency to accept the newborn 351
infant have not been successful. 352
(5) A petition for termination of parental rights under 353
this section may not be filed until 30 days after the date the 354
newborn infant was surrendered in accordance with s. 383.50. A 355
petition for termination of parental rights may not be granted 356
until a parent has failed to reclaim or claim the sur rendered 357
newborn infant within the time period specified in s. 383.50. 358
(6) A claim of parental rights of the surrendered newborn 359
infant must be made to the entity having legal custody of the 360
surrendered newborn infant or to the circuit court before which 361
proceedings involving the surrendered newborn infant are 362
pending. A claim of parental rights of the surrendered newborn 363
infant may not be made after the judgment to terminate parental 364
rights is entered, except as otherwise provided by subsection 365
(9). 366
(7) If a claim of parental rights of a surrendered newborn 367
infant is made before the judgment to terminate parental rights 368
is entered, the circuit court may hold the action for 369
termination of parental rights in abeyance for a period of time 370
not to exceed 60 days. 371
(a) The court may order scientific testing to determine 372
maternity or paternity at the expense of the parent claiming 373
parental rights. 374
(b) The court shall appoint a guardian ad litem for the 375
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surrendered newborn infant and order any whatever investigation, 376
home evaluation, or and psychological evaluation are necessary 377
to determine what is in the best interests of the surrendered 378
newborn infant. 379
(c) The court may not terminate parental rights solely on 380
the basis that the parent surrendered left the newborn infant at 381
a hospital, emergency medical services station, or fire station 382
in accordance with s. 383.50. 383
(d) The court shall enter a judgment with written findings 384
of fact and conclusions of law. 385
(8) Within 7 business days after recording the j udgment, 386
the clerk of the court shall mail a copy of the judgment to the 387
department, the petitioner, and any person whose consent was 388
required, if known. The clerk shall execute a certificate of 389
each mailing. 390
(9)(a) A judgment terminating parental rights to a 391
surrendered newborn infant pending adoption is voidable, and any 392
later judgment of adoption of that child minor is voidable, if, 393
upon the motion of a parent, the court finds that a person 394
knowingly gave false information that prevented the parent fro m 395
timely making known his or her desire to assume parental 396
responsibilities toward the child minor or from exercising his 397
or her parental rights. A motion under this subsection must be 398
filed with the court originally entering the judgment. The 399
motion must be filed within a reasonable time but not later than 400
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1 year after the entry of the judgment terminating parental 401
rights. 402
(b) No later than 30 days after the filing of a motion 403
under this subsection, the court shall conduct a preliminary 404
hearing to determine what contact, if any, will be allowed 405
permitted between a parent and the child pending resolution of 406
the motion. Such contact may be allowed only if it is requested 407
by a parent who has appeared at the hearing and the court 408
determines that it is in the best interests of the child. If the 409
court orders contact between a parent and the child, the order 410
must be issued in writing as expeditiously as possible and must 411
state with specificity any provisions regarding contact with 412
persons other than those with wh om the child resides. 413
(c) The court may not order scientific testing to 414
determine the paternity or maternity of the child minor until 415
such time as the court determines that a previously entered 416
judgment terminating the parental rights of that parent is 417
voidable pursuant to paragraph (a), unless all parties agree 418
that such testing is in the best interests of the child. Upon 419
the filing of test results establishing that person's maternity 420
or paternity of the surrendered newborn infant, the court may 421
order visitation only if it appears to be in the best interests 422
of the child. 423
(d) Within 45 days after the preliminary hearing, the 424
court shall conduct a final hearing on the motion to set aside 425
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the judgment and shall enter its written order as expeditiously 426
as possible thereafter. 427
(10) Except to the extent expressly provided in this 428
section, proceedings initiated by a licensed child -placing 429
agency for the termination of parental rights and subsequent 430
adoption of a newborn infant surrendered an infant left at a 431
hospital, emergency medical services station, or fire station in 432
accordance with s. 383.50 shall be conducted pursuant to this 433
chapter. 434
Section 5. Paragraph (f) of subsection (2) of section 435
63.167, Florida Statutes, is amended to read: 436
63.167 State adoption information center. — 437
(2) The functions of the state adoption information center 438
shall include: 439
(f) Maintaining a list of licensed child -placing agencies 440
eligible and willing to take custody of and place newborn 441
infants surrendered left at a hospital, pursuant to s. 383.50. 442
The names and contact information for the licensed child -placing 443
agencies on the list shall be provided on a rotating basis to 444
the statewide central abuse hotline. 445
Section 6. Section 383.51, Florida Statutes, is amended t o 446
read: 447
383.51 Confidentiality; identification of parent leaving 448
newborn infant at hospital, emergency medical services station, 449
or fire station.—The identity of a parent who surrenders a 450
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newborn leaves an infant at a hospital, an emergency medical 451
services station, or a fire station in accordance with s. 383.50 452
is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 453
I of the State Constitution. The identity of a parent leaving a 454
child shall be disclosed to a person claiming to be a parent of 455
the newborn infant. 456
Section 7. Section 827.035, Florida Statutes, is amended 457
to read: 458
827.035 Newborn infants.—It does not constitute neglect of 459
a child pursuant to s. 827.03 or contributing to the dependency 460
of a child pursuant to s. 827.04 if a parent surrenders a 461
newborn leaves an infant at a hospital, emergency medical 462
services station, or fire station or brings a newborn an infant 463
to an emergency room and expresses an intent to surrender leave 464
the newborn infant and not return, in compliance with s. 383.50. 465
Section 8. Subsection (3) of section 827.10, Florida 466
Statutes, is amended to read: 467
827.10 Unlawful desertion of a child. — 468
(3) This section does not apply to a person who surrenders 469
a newborn an infant in compliance with s. 383.50. 470
Section 9. This act shall take effect July 1, 2025. 471