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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.; revising the definition of the term 3
"infant"; defining the term "infant safety device"; 4
authorizing certain hospitals, emergency medical 5
services stations, and fire stations to use infant 6
safety devices to accept surrendered infants if the 7
device meets specified criteria; requiring such 8
hospitals, emergency medical services stations, and 9
fire stations to monitor the inside of the device 24 10
hours per day and physically check and test the 11
devices at specified intervals; providing additional 12
requirements for certain fire stations using such 13
devices; amending ss. 63.0423, 63.167, 383.51, and 14
827.035, F.S.; conforming provisions to changes made 15
by the act; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 383.50, Florida Statutes, is amended to 20
read: 21
383.50 Treatment of surrendered infant.— 22
(1) As used in this section, the term : 23
(a) "Infant" means a child who a licensed physician 24
reasonably believes is approximately 30 days old or younger at 25
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the time the child is surrendered under this section left at a 26
hospital, an emergency med ical services station, or a fire 27
station. 28
(b) "Infant safety device" means a device that is 29
installed in a supporting wall of a hospital, an emergency 30
medical services station, or a fire station and that has an 31
exterior point of access allowing an indivi dual to place an 32
infant inside and an interior point of access allowing 33
individuals inside the building to safely retrieve the infant. 34
(2) There is a presumption that the parent who surrenders 35
leaves the infant in accordance with this section intended to 36
surrender leave the infant and consented to termination of 37
parental rights. 38
(3)(a) A hospital, an emergency medical services station, 39
or a fire station that is staffed 24 hours per day may use an 40
infant safety device to accept surrendered infants under this 41
section if the device is: 42
1. Physically part of the hospital, emergency medical 43
services station, or fire station. 44
2. Temperature controlled and ventilated for the safety of 45
infants. 46
3. Equipped with a dual alarm system connected to the 47
physical location of the device which automatically triggers an 48
alarm inside the building when an infant is placed in the 49
device. 50
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4. Equipped with a surveillance system that allows 51
employees of the hospital, emergency medical services station, 52
or fire station to monitor the inside of the device 24 hours per 53
day. 54
5. Located such that the interior point of access is in an 55
area that is conspicuous and visible to the employees of the 56
hospital, emergency medical services station, or fire station. 57
(b) A hospital, an emergency medical services station, or 58
a fire station that uses an infant safety device to accept 59
surrendered infants shall use the device's surveillance system 60
to monitor the inside of the infant safety device 24 hours per 61
day and shall physically chec k the device at least twice daily 62
and test the device at least weekly to ensure that the alarm 63
system is in working order. A fire station that is staffed 24 64
hours per day, except when all firefighter first responders are 65
dispatched from the fire station fo r an emergency, must use the 66
dual alarm system of the infant safety device to immediately 67
dispatch the nearest first responder to retrieve any infant left 68
in the infant safety device. 69
(4)(3) Each emergency medical services station or fire 70
station that is staffed with full-time firefighters, emergency 71
medical technicians, or paramedics shall accept any infant 72
surrendered to left with a firefighter, an emergency medical 73
technician, or a paramedic , or surrendered in an infant safety 74
device. The firefighter, emergency medical technician, or 75
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paramedic shall consider these actions as implied consent to and 76
shall: 77
(a) Provide emergency medical services to the infant to 78
the extent that he or she is trained to provide those services; 79
and 80
(b) Arrange for the imm ediate transportation of the infant 81
to the nearest hospital having emergency services. 82
83
A licensee as defined in s. 401.23, a fire department, or an 84
employee or agent of a licensee or fire department may treat and 85
transport an infant pursuant to this secti on. If an infant is 86
placed in the physical custody of an employee or agent of a 87
licensee or fire department or is placed in an infant safety 88
device, such placement is considered implied consent for 89
treatment and transport. A licensee, a fire department, or an 90
employee or agent of a licensee or fire department is immune 91
from criminal or civil liability for acting in good faith 92
pursuant to this section. This subsection does not limit 93
liability for negligence. 94
(5)(a)(4)(a) An infant may be left with medical staff or a 95
licensed health care professional after the delivery of the an 96
infant in a hospital , a parent of the infant may leave the 97
infant with medical staff or a licensed health care professional 98
at the hospital if the parent of the infant notifies such 99
medical staff or licensed health care professional that the 100
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parent is voluntarily surrendering the infant and does not 101
intend to return. 102
(b) Each hospital of this state subject to s. 395.1041 103
shall, and any other hospital may, admit and provide all 104
necessary emergency services and care, as defined in s. 395.002 105
s. 395.002(9), to any infant left with the hospital in 106
accordance with this section. The hospital or any of its medical 107
staff or licensed health care professionals shall consider these 108
actions as implied consent for treatment, and a hospital 109
accepting physical custody of an infant has implied consent to 110
perform all necessary emergency services and care. The hospital 111
or any of its medical staff or licensed health care 112
professionals are immune from cr iminal or civil liability for 113
acting in good faith in accordance with this section. This 114
subsection does not limit liability for negligence. 115
(6)(5) Except when there is actual or suspected child 116
abuse or neglect, any parent who surrenders leaves an infant in 117
accordance with this section with a firefighter, an emergency 118
medical technician, or a paramedic at a fire station or an 119
emergency medical services station, or brings an infant to an 120
emergency room of a hospital and expresses an intent to 121
surrender leave the infant and not return , has the absolute 122
right to remain anonymous and to leave at any time and may not 123
be pursued or followed unless the parent seeks to reclaim the 124
infant. When an infant is born in a hospital and the mother 125
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expresses intent to surrender leave the infant and not return, 126
upon the mother's request, the hospital or registrar must shall 127
complete the infant's birth certificate without naming the 128
mother thereon. 129
(7)(6) A parent of an infant surrendered left at a 130
hospital, an emergency medical services station, or a fire 131
station under this section may claim his or her infant up until 132
the court enters a judgment terminating his or her parental 133
rights. A claim to the infant must be made to the entity having 134
physical or legal custody of th e infant or to the circuit court 135
before whom proceedings involving the infant are pending. 136
(8)(7) Upon admitting an infant under this section, the 137
hospital shall immediately contact a local licensed child -138
placing agency or alternatively contact the state wide central 139
abuse hotline for the name of a licensed child -placing agency 140
for purposes of transferring physical custody of the infant. The 141
hospital shall notify the licensed child -placing agency that an 142
infant has been left with the hospital and approxima tely when 143
the licensed child-placing agency can take physical custody of 144
the infant. In cases where there is actual or suspected child 145
abuse or neglect, the hospital or any of its medical staff or 146
licensed health care professionals shall report the actual or 147
suspected child abuse or neglect in accordance with ss. 39.201 148
and 395.1023 in lieu of contacting a licensed child -placing 149
agency. 150
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(9)(8) An infant admitted to a hospital in accordance with 151
this section is presumed eligible for coverage under Medicaid , 152
subject to federal rules. 153
(10)(9) An infant surrendered left at a hospital, an 154
emergency medical services station, or a fire station in 155
accordance with this section is may not be deemed abandoned or 156
and subject to reporting and investigation requiremen ts under s. 157
39.201 unless there is actual or suspected child abuse or until 158
the Department of Children and Families takes physical custody 159
of the infant. 160
(11)(10) If the parent of an infant is otherwise unable to 161
surrender the infant in accordance with t his section, the parent 162
may dial call 911 to request that an emergency medical services 163
provider meet the surrendering parent at a specified location. 164
The surrendering parent must stay with the infant until the 165
emergency medical services provider arrives t o take custody of 166
the infant. 167
(12)(11) A criminal investigation may not be initiated 168
solely because an infant is surrendered under in accordance with 169
this section unless there is actual or suspected child abuse or 170
neglect. 171
Section 2. Subsections (1) and (4), paragraphs (b) and (c) 172
of subsection (7), and subsections (9) and (10) of section 173
63.0423, Florida Statutes, are amended to read: 174
63.0423 Procedures with respect to surrendered infants. — 175
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(1) Upon entry of final judgment terminating parental 176
rights, a licensed child -placing agency that takes physical 177
custody of an infant surrendered at a hospital, emergency 178
medical services station, or fire station pursuant to s. 383.50 179
assumes responsibility for the medical and other costs 180
associated with the e mergency services and care of the 181
surrendered infant from the time the licensed child -placing 182
agency takes physical custody of the surrendered infant. 183
(4) The parent who surrenders the infant in accordance 184
with s. 383.50 is presumed to have consented to termination of 185
parental rights, and express consent is not required. Except 186
when there is actual or suspected child abuse or neglect, the 187
licensed child-placing agency may not attempt to pursue, search 188
for, or notify that parent as provided in s. 63.088 an d chapter 189
49. For purposes of s. 383.50 and this section, an infant who 190
tests positive for illegal drugs, narcotic prescription drugs, 191
alcohol, or other substances, but shows no other signs of child 192
abuse or neglect, shall be placed in the custody of a lic ensed 193
child-placing agency. Such a placement does not eliminate the 194
reporting requirement under s. 383.50(8) s. 383.50(7). When the 195
department is contacted regarding an infant properly surrendered 196
under this section and s. 383.50, the department shall provide 197
instruction to contact a licensed child -placing agency and may 198
not take custody of the infant unless reasonable effor ts to 199
contact a licensed child -placing agency to accept the infant 200
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have not been successful. 201
(7) If a claim of parental rights of a surrendered infant 202
is made before the judgment to terminate parental rights is 203
entered, the circuit court may hold the act ion for termination 204
of parental rights in abeyance for a period of time not to 205
exceed 60 days. 206
(b) The court shall appoint a guardian ad litem for the 207
surrendered infant and order any whatever investigation, home 208
evaluation, or and psychological evaluati on are necessary to 209
determine what is in the best interests of the surrendered 210
infant. 211
(c) The court may not terminate parental rights solely on 212
the basis that the parent surrendered left the infant at a 213
hospital, emergency medical services station, or f ire station in 214
accordance with s. 383.50. 215
(9)(a) A judgment terminating parental rights to a 216
surrendered infant pending adoption is voidable, and any later 217
judgment of adoption of that child minor is voidable, if, upon 218
the motion of a parent, the court f inds that a person knowingly 219
gave false information that prevented the parent from timely 220
making known his or her desire to assume parental 221
responsibilities toward the child minor or from exercising his 222
or her parental rights. A motion under this subsectio n must be 223
filed with the court originally entering the judgment. The 224
motion must be filed within a reasonable time but not later than 225
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1 year after the entry of the judgment terminating parental 226
rights. 227
(b) No later than 30 days after the filing of a moti on 228
under this subsection, the court shall conduct a preliminary 229
hearing to determine what contact, if any, will be allowed 230
permitted between a parent and the child pending resolution of 231
the motion. Such contact may be allowed only if it is requested 232
by a parent who has appeared at the hearing and the court 233
determines that it is in the best interests of the child. If the 234
court orders contact between a parent and the child, the order 235
must be issued in writing as expeditiously as possible and must 236
state with specificity any provisions regarding contact with 237
persons other than those with whom the child resides. 238
(c) The court may not order scientific testing to 239
determine the paternity or maternity of the child minor until 240
such time as the court determines that a previously entered 241
judgment terminating the parental rights of that parent is 242
voidable pursuant to paragraph (a), unless all parties agree 243
that such testing is in the best interests of the child. Upon 244
the filing of test results establishing that person's maternity 245
or paternity of the surrendered infant, the court may order 246
visitation only if it appears to be in the best interests of the 247
child. 248
(d) Within 45 days after the preliminary hearing, the 249
court shall conduct a final hearing on the motion to set aside 250
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the judgment and shall enter its written order as expeditiously 251
as possible thereafter. 252
(10) Except to the extent expressly provided in this 253
section, proceedings initiated by a licensed child -placing 254
agency for the termination of parental rights an d subsequent 255
adoption of an infant surrendered an infant left at a hospital, 256
emergency medical services station, or fire station in 257
accordance with s. 383.50 shall be conducted pursuant to this 258
chapter. 259
Section 3. Paragraph (f) of subsection (2) of sec tion 260
63.167, Florida Statutes, is amended to read: 261
63.167 State adoption information center. — 262
(2) The functions of the state adoption information center 263
shall include: 264
(f) Maintaining a list of licensed child -placing agencies 265
eligible and willing to take custody of and place infants 266
surrendered left at a hospital, pursuant to s. 383.50. The names 267
and contact information for the licensed child -placing agencies 268
on the list shall be provided on a rotating basis to the 269
statewide central abuse hotline. 270
Section 4. Section 383.51, Florida Statutes, is amended to 271
read: 272
383.51 Confidentiality; identification of parent leaving 273
infant at hospital, emergency medical services s tation, or fire 274
station.—The identity of a parent who surrenders leaves an 275
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infant at a hospital, an emergency medical services station, or 276
a fire station in accordance with s. 383.50 is confidential and 277
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 278
Constitution. The identity of a parent leaving a child shall be 279
disclosed to a person claiming to be a parent of the infant. 280
Section 5. Section 827.035, Florida Statutes, is amended 281
to read: 282
827.035 Infants.—It does not constitute neglect of a child 283
pursuant to s. 827.03 or contributing to the dependency of a 284
child pursuant to s. 827.04 if a parent surrenders leaves an 285
infant at a hospital, emergency medical services station, or 286
fire station or brings an infant to an emergency room and 287
expresses an intent to surrender leave the infant and not 288
return, in compliance with s. 383.50. 289
Section 6. This act shall take effect July 1, 2025. 290