Andrew Powell
A new initiative would place safety surrender devices for newborn babies at emergency service providers.
Eustis Republican Rep. Nan Cobb filed the bill (HB 791) to establish and regulate the use of newborn infant safety devices at hospitals, emergency medical services (EMS) stations and fire stations. The bill aims to provide a safe and anonymous way for parents to surrender their newborn without facing legal repercussions, as long as there is no child neglect or abuse suspected.
In March 2024, it was reported that a Hollywood couple in South Florida was arrested after a newborn infant boy was found dead in a trash bin by a roofing company worker. An autopsy of the baby revealed there was no trauma or injury, and the baby still had its umbilical cord attached.
The bill would amend several Florida statutes to align with the bill’s proposed changes, including defining the meaning of “infant,” and introduce the term “newborn infant safety device.”
A newborn safety device is a device that is installed into a supporting wall of a hospital, EMS station or fire station. The device allows an individual to safely place a newborn infant inside from the outside so the infant can be retrieved safely from inside the building.
A “newborn infant” is defined as a baby who is younger than 30 days old, and the bill notes that there is a presumption that the parent who surrenders their newborn infant consents to terminating their parental rights.
These devices would be required to be a physical part of the hospital, EMS station or fire station, be temperature-controlled and ventilated, and be equipped with a dual alarm system connected to the physical location of the device that automatically triggers an alert inside the building when an infant is placed inside the device.
The device would also be required to have surveillance systems installed to allow employees to monitor the inside of the device 24 hours a day and would need to be located in an area that is visible to staff at all times. Staff would be required to check the device at least twice daily, and have it tested at least once a week to ensure the alarm system is working correctly.
Dual alarm systems for fire stations and EMS stations would be required to immediately dispatch the nearest first responders to retrieve the newborn infant.
The bill would further allow a newborn infant to be left with medical staff or a licensed health care professional after the delivery of a newborn infant in a hospital, if the parent notifies staff or health care professional that they intend on voluntarily surrendering the infant and do not intend on returning.
Each hospital subject to Florida law, would be able to admit and provide all necessary care to the infant. Hospitals and licensed health care professionals would be immune from any criminal or civil liability for acting in good faith. However, liability would not be limited for negligence.
A parent would also be able to surrender a newborn infant by calling 911 and staying with the newborn until first responders arrive, and the identities of parents who surrender their newborn would remain confidential. Criminal investigations would not be initiated unless it is suspected there was neglect or abuse involved.
If passed, the bill would come into effect July 1.
