The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 383
MATERNAL AND INFANT HEALTH CARE

View Entire Chapter

F.S. 383.50

383.50 Treatment of surrendered newborn infant.—

(1) As used in this section, the term “newborn infant” means a child who a licensed physician reasonably believes is approximately 7 days old or younger at the time the child is left at a hospital, emergency medical services station, or fire station.

(2) There is a presumption that the parent who leaves the newborn infant in accordance with this section intended to leave the newborn infant and consented to termination of parental rights.

(3) Each emergency medical services station or fire station staffed with full-time firefighters, emergency medical technicians, or paramedics shall accept any newborn infant left with a firefighter, emergency medical technician, or paramedic. The firefighter, emergency medical technician, or paramedic shall consider these actions as implied consent to and shall:

(a) Provide emergency medical services to the newborn infant to the extent he or she is trained to provide those services, and

(b) Arrange for the immediate transportation of the newborn infant to the nearest hospital having emergency services.

A licensee as defined in s. 401.23, a fire department, or an employee or agent of a licensee or fire department may treat and transport a newborn infant pursuant to this section. If a newborn infant is placed in the physical custody of an employee or agent of a licensee or fire department, such placement shall be considered implied consent for treatment and transport. A licensee, a fire department, or an employee or agent of a licensee or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section. Nothing in this subsection limits liability for negligence.

(4) Each hospital of this state subject to s. 395.1041 shall, and any other hospital may, admit and provide all necessary emergency services and care, as defined in s. 395.002(9), to any newborn infant left with the hospital in accordance with this section. The hospital or any of its licensed health care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of a newborn infant has implied consent to perform all necessary emergency services and care. The hospital or any of its licensed health care professionals is immune from criminal or civil liability for acting in good faith in accordance with this section. Nothing in this subsection limits liability for negligence.

(5) Except when there is actual or suspected child abuse or neglect, any parent who leaves a newborn infant with a firefighter, emergency medical technician, or paramedic at a fire station or emergency medical services station, or brings a newborn infant to an emergency room of a hospital and expresses an intent to leave the newborn infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the newborn infant. When an infant is born in a hospital and the mother expresses intent to leave the infant and not return, upon the mother’s request, the hospital or registrar shall complete the infant’s birth certificate without naming the mother thereon.

(6) A parent of a newborn infant left at a hospital, emergency medical services station, or fire station under this section may claim his or her newborn infant up until the court enters a judgment terminating his or her parental rights. A claim to the newborn infant must be made to the entity having physical or legal custody of the newborn infant or to the circuit court before whom proceedings involving the newborn infant are pending.

(7) Upon admitting a newborn infant under this section, the hospital shall immediately contact a local licensed child-placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the newborn infant. The hospital shall notify the licensed child-placing agency that a newborn infant has been left with the hospital and approximately when the licensed child-placing agency can take physical custody of the child. In cases where there is actual or suspected child abuse or neglect, the hospital or any of its licensed health care professionals shall report the actual or suspected child abuse or neglect in accordance with ss. 39.201 and 395.1023 in lieu of contacting a licensed child-placing agency.

(8) Any newborn infant admitted to a hospital in accordance with this section is presumed eligible for coverage under Medicaid, subject to federal rules.

(9) A newborn infant left at a hospital, emergency medical services station, or fire station in accordance with this section shall not be deemed abandoned and subject to reporting and investigation requirements under s. 39.201 unless there is actual or suspected child abuse or until the department takes physical custody of the child.

(10) A criminal investigation shall not be initiated solely because a newborn infant is left at a hospital under this section unless there is actual or suspected child abuse or neglect.

History.—s. 1, ch. 2000-188; s. 15, ch. 2001-53; s. 23, ch. 2001-62; s. 13, ch. 2007-230; s. 4, ch. 2008-90.

F.S. 383.50 on Google Scholar

F.S. 383.50 on Casetext

Amendments to 383.50

Arrestable Offenses / Crimes under Fla. Stat. 383.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 383.50.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MANN, v. VOGEL,, 707 F.3d 872 (7th Cir. 2013)

. . . . § 383.50(a). . . . . § 383.50(c)-(d).) Mann entered into a corrective plan with DCFS on March 20, 2009. . . . Admin.Cobe § 383.50 allows the state to offer a corrective plan to the individual (which Mann agreed . . .

In HERMOSILLA, v., 450 B.R. 276 (Bankr. D. Mass. 2011)

. . . . $81.25 (expenses) + $450 (1.5 hours at an hourly rate of $300 for Rule 11 motion) + $383.50 (reducing . . .

UNITED STATES v. KRUG,, 379 F. App'x 473 (6th Cir. 2010)

. . . The Petition for Summons also notes that Defendant signed a financial affidavit claiming he only had $383.50 . . .

B. T. J. T. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 16 So. 3d 940 (Fla. Dist. Ct. App. 2009)

. . . The term does not include a surrendered newborn infant as described in s. 383.50, a “child in need of . . .

E. TINDALL, v. ONE FORD MUSTANG a, 315 F. App'x 533 (6th Cir. 2009)

. . . Although Tindall had requested fees in the amount of $18,583.50 (52 hours at an hourly rate of $350, plus $383.50 . . .

V. J. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 949 So. 2d 1128 (Fla. Dist. Ct. App. 2007)

. . . The term “abandoned” does not include an abandoned newborn infant as described in s. 383.50, a “child . . .

McCORVEY, v. HILL,, 385 F.3d 846 (5th Cir. 2004)

. . . . § 383.50 et seq. . . .

In WHET, INC., 58 B.R. 278 (Bankr. D. Mass. 1986)

. . . His itemized charges for this constitutes a mere 51.25 hours of his time and the utilization of 383.50 . . .

v., 9 Ct. Int'l Trade 549 (Ct. Int'l Trade 1985)

. . . nightwear be classified if it were of a hundred percent cotton and not a pajama-type, and it would be under 383.50 . . .

In SMITH,, 24 B.R. 266 (Bankr. D.D.C. 1982)

. . . (4) it states the wife’s gross wages as $507 with deductions of $148.50 leaving a net take-home of $383.50 . . .

TBK PARTNERS, LTD. v. WESTERN UNION CORPORATION, D., 675 F.2d 456 (2d Cir. 1982)

. . . The settlement increased this value by $126.53 to $383.50 per share. . . . Under the terms of the settlement, Western Union agreed to pay $383.50 per outstanding share of Gold . . .

H. KAY W E v. M. AMENDOLA,, 129 So. 2d 170 (Fla. Dist. Ct. App. 1961)

. . . 600.00 Interest on $50,000 mortgage secured by Kay Realty 958.33 Closing costs on $50,000 mortgage 383.50 . . .

KANATSER v. CHRYSLER CORP., 199 F.2d 610 (10th Cir. 1952)

. . . Lucas, in sum of $383.50 for sums earned and denied as to unearned amounts. . . . The court went on to find that Lucas was entitled to $383.50, but not entitled to recover the additional . . . The judgment awarded Lucas $383.50 and costs of the action. . . .

LUCAS v. WESTERN CASUALTY SURETY CO., 176 F.2d 506 (10th Cir. 1949)

. . . time he was directed to cease performance, had been paid for all of the material delivered except $383.50 . . . There was due him for work performed $383.50. . . . Lucas claimed $383.50 for material delivered under the contract and $1,250 for services performed prior . . . Lucas, in sum of $383.50 for sums earned and denied as to unearned amounts. . . . The judgment awarded Lucas $383.50 and the costs of the action. . . .

LANGFORD v. UNITED STATES, 95 F. 933 (C.C.D. Or. 1899)

. . . and protecting plant from action of elements during delay, $100; for interest on delayed payments, $383.50 . . .