Florida Senate - 2025 SB 1690 By Senator McClain 9-01530-25 20251690__ 1 A bill to be entitled 2 An act relating to surrendered infants; amending s. 3 383.50, F.S.; revising the definition of the term 4 infant; defining the term infant safety device; 5 authorizing certain hospitals, emergency medical 6 services stations, and fire stations to use infant 7 safety devices to accept surrendered infants if the 8 device meets specified criteria; requiring such 9 hospitals, emergency medical services stations, and 10 fire stations to monitor the inside of the device 24 11 hours per day and physically check and test the 12 devices at specified intervals; providing additional 13 requirements for certain fire stations using such 14 devices; conforming provisions to changes made by the 15 act; amending s. 63.0423, F.S.; conforming a cross 16 reference; 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: 22 383.50Treatment of surrendered infant. 23 (1)As used in this section, the term: 24 (a)Infant means a child who a licensed physician 25 reasonably believes is approximately 30 days old or younger at 26 the time the child is surrendered under this section left at a 27 hospital, an emergency medical services station, or a fire 28 station. 29 (b)Infant safety device means a device that is installed 30 in a supporting wall of a hospital, an emergency medical 31 services station, or a fire station and that has an exterior 32 point of access allowing an individual to place an infant inside 33 and an interior point of access allowing individuals inside the 34 building to retrieve the infant safely. 35 (2)There is a presumption that the parent who leaves the 36 infant in accordance with this section intended to leave the 37 infant and consented to termination of 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 and installed in a supporting 44 wall. 45 2.Temperature-controlled and ventilated for the safety of 46 infants. 47 3.Equipped with a dual alarm system connected to the 48 physical location of the device which automatically triggers an 49 alarm inside the building when an infant is placed in the 50 device. 51 4.Equipped with a surveillance system that allows 52 employees of the hospital, emergency medical services station, 53 or fire station to monitor the inside of the device 24 hours per 54 day. 55 5.Located such that the interior point of access is in an 56 area that is conspicuous and visible to the employees of the 57 hospital, emergency medical services station, or fire station. 58 (b)A hospital, an emergency medical services station, or a 59 fire station that uses an infant safety device to accept 60 surrendered infants shall use the devices surveillance system 61 to monitor the inside of the infant safety device 24 hours per 62 day and shall physically check the device at least twice daily 63 and test the device at least weekly to ensure that the alarm 64 system is in working order. A fire station that is staffed 24 65 hours per day except when all firefighter first responders are 66 dispatched from the fire station for an emergency must use the 67 dual alarm system of the infant safety device to dispatch 68 immediately the nearest first responder to retrieve any infant 69 left in the infant safety device. 70 (4)Each emergency medical services station or fire station 71 that is staffed with full-time firefighters, emergency medical 72 technicians, or paramedics shall accept any infant left with a 73 firefighter, an emergency medical technician, or a paramedic or 74 in an infant safety device. The firefighter, emergency medical 75 technician, or paramedic shall consider these actions as implied 76 consent to and shall: 77 (a)Provide emergency medical services to the infant to the 78 extent that he or she is trained to provide those services; and 79 (b)Arrange for the immediate transportation of the infant 80 to the nearest hospital having emergency services. 81 82 A licensee as defined in s. 401.23, a fire department, or an 83 employee or agent of a licensee or fire department may treat and 84 transport an infant pursuant to this section. If an infant is 85 placed in the physical custody of an employee or agent of a 86 licensee or fire department or is placed in an infant safety 87 device, such placement is considered implied consent for 88 treatment and transport. A licensee, a fire department, or an 89 employee or agent of a licensee or fire department is immune 90 from criminal or civil liability for acting in good faith 91 pursuant to this section. This subsection does not limit 92 liability for negligence. 93 (5)(a)(4)(a)After the delivery of an infant in a hospital, 94 a parent of the infant may leave the infant with medical staff 95 or a licensed health care professional at the hospital if the 96 parent notifies such medical staff or licensed health care 97 professional that the parent is voluntarily surrendering the 98 infant and does not intend to return. 99 (b)Each hospital of this state subject to s. 395.1041 100 shall, and any other hospital may, admit and provide all 101 necessary emergency services and care, as defined in s. 102 395.002(9), to any infant left with the hospital in accordance 103 with this section. The hospital or any of its medical staff or 104 licensed health care professionals shall consider these actions 105 as implied consent for treatment, and a hospital accepting 106 physical custody of an infant has implied consent to perform all 107 necessary emergency services and care. The hospital or any of 108 its medical staff or licensed health care professionals are 109 immune from criminal or civil liability for acting in good faith 110 in accordance with this section. This subsection does not limit 111 liability for negligence. 112 (6)(5)Except when there is actual or suspected child abuse 113 or neglect, any parent who surrenders leaves an infant in 114 accordance with this section a firefighter, an emergency medical 115 technician, or a paramedic at a fire station or an emergency 116 medical services station, or brings an infant to an emergency 117 room of a hospital and expresses an intent to leave the infant 118 and not return, has the absolute right to remain anonymous and 119 to leave at any time and may not be pursued or followed unless 120 the parent seeks to reclaim the infant. When an infant is born 121 in a hospital and the mother expresses intent to leave the 122 infant and not return, upon the mothers request, the hospital 123 or registrar must shall complete the infants birth certificate 124 without naming the mother thereon. 125 (7)(6)A parent of an infant surrendered left at a 126 hospital, an emergency medical services station, or a fire 127 station under this section may claim his or her infant up until 128 the court enters a judgment terminating his or her parental 129 rights. A claim to the infant must be made to the entity having 130 physical or legal custody of the infant or to the circuit court 131 before whom proceedings involving the infant are pending. 132 (8)(7)Upon admitting an infant under this section, the 133 hospital shall immediately contact a local licensed child 134 placing agency or alternatively contact the statewide central 135 abuse hotline for the name of a licensed child-placing agency 136 for purposes of transferring physical custody of the infant. The 137 hospital shall notify the licensed child-placing agency that an 138 infant has been left with the hospital and approximately when 139 the licensed child-placing agency can take physical custody of 140 the infant. In cases where there is actual or suspected child 141 abuse or neglect, the hospital or any of its medical staff or 142 licensed health care professionals shall report the actual or 143 suspected child abuse or neglect in accordance with ss. 39.201 144 and 395.1023 in lieu of contacting a licensed child-placing 145 agency. 146 (9)(8)An infant admitted to a hospital in accordance with 147 this section is presumed eligible for coverage under Medicaid, 148 subject to federal rules. 149 (10)(9)An infant surrendered left at a hospital, an 150 emergency medical services station, or a fire station in 151 accordance with this section may not be deemed abandoned and is 152 not subject to the reporting and investigation requirements 153 under s. 39.201 unless there is actual or suspected child abuse 154 or until the Department of Children and Families takes physical 155 custody of the infant. 156 (11)(10)If the parent of an infant is unable to surrender 157 the infant in accordance with this section, the parent may call 158 911 to request that an emergency medical services provider meet 159 the surrendering parent at a specified location. The 160 surrendering parent must stay with the infant until the 161 emergency medical services provider arrives to take custody of 162 the infant. 163 (12)(11)A criminal investigation may not be initiated 164 solely because an infant is surrendered in accordance with this 165 section unless there is actual or suspected child abuse or 166 neglect. 167 Section 2.Subsection (4) of section 63.0423, Florida 168 Statutes, is amended to read: 169 63.0423Procedures with respect to surrendered infants. 170 (4)The parent who surrenders the infant in accordance with 171 s. 383.50 is presumed to have consented to termination of 172 parental rights, and express consent is not required. Except 173 when there is actual or suspected child abuse or neglect, the 174 licensed child-placing agency may not attempt to pursue, search 175 for, or notify that parent as provided in s. 63.088 and chapter 176 49. For purposes of s. 383.50 and this section, an infant who 177 tests positive for illegal drugs, narcotic prescription drugs, 178 alcohol, or other substances, but shows no other signs of child 179 abuse or neglect, shall be placed in the custody of a licensed 180 child-placing agency. Such a placement does not eliminate the 181 reporting requirement under s. 383.50(8) s. 383.50(7). When the 182 department is contacted regarding an infant properly surrendered 183 under this section and s. 383.50, the department shall provide 184 instruction to contact a licensed child-placing agency and may 185 not take custody of the infant unless reasonable efforts to 186 contact a licensed child-placing agency to accept the infant 187 have not been successful. 188 Section 3.This act shall take effect July 1, 2025.