HB 899 — Surrendered Newborn Infants
Last action — Died in Rules
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Surrendered Newborn Infants; Authorizes hospitals, emergency medical services stations, & fire stations to use newborn infant safety devices to accept surrendered newborn infants if device meets specified criteria; requires hospitals, emergency medical services stations, or fire stations to physically check & test devices at specified intervals; authorizes parent to leave newborn infant with medical staff or licensed healthcare professional at hospital after delivery of newborn infant; authorizes parent to surrender newborn infant by calling 911 & requesting EMS provider to meet at specified location to retrieve newborn infant.
Bill Text
What changed in the latest version
204 added · 256 removed204 line(s) added, 256 removed.
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 HB899CS/HB899 2023 A bill to be entitled An act relating to surrendered newborn infants;
conforming provisions to changes made by the act;
making conforming Pagechanges; 1of 13 CODING:
providing an effective date.
Page 1of 11 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 changes;Be It Enacted by the Legislature of the State of Florida:
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
(a) "Newborn infant" means a child who a licensed physician reasonably believes is approximately 30 7 days old or younger at the time the child is surrendered under this section left at a hospital, an emergency medical services station, or a fire station.
(3)(a) A hospital, an emergency medical services station, or a fire station that is staffed 24 hours per day may use a Page 2of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 newborn infant safety device to accept surrendered newborn infants under this section if the device is:
A fire station that is staffed 24 hours per day except when all Page 3of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 firefighter first responders are dispatched from the fire station for an emergency must use the dual alarm system of the newborn infant safety device to immediately dispatch the nearest first responder to retrieve any newborn infant left in the newborn infant safety device.
If a newborn infant is placed in the physical custody of an employee or agent of a licensee or fire department or is placed in a newborn infant safety device at an emergency medical services Page 4of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 station or a fire station, such placement is shall be considered implied consent for treatment and transport.
Page 5of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 (6)(5) Except when there is actual or suspected child abuse or neglect, any parent who leaves a newborn infant in aaccordance newbornwith infantthis safetysection device or with a firefighter, an emergency medical technician, or a paramedic at a fire station or an 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.
(7)(6) A parent of a newborn infant left in accordance with 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.
(8)(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 Page 6of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the newborn infant.
(10)(9) A newborn infant left at a hospital, an emergency medical services station, or a fire station in accordance with this section shall not be deemed abandoned and subject to reporting and investigation requirements under s.
The surrendering parent must stay with the newborn infant until the emergency medical services provider arrives to Page 7of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 infant until the emergency medical services provider arrives to take custody of the newborn infant.
(12)(10) A criminal investigation may shall not be initiated solely because a newborn infant is left atin aaccordance hospital,with anat emergency medical services station, or a firehospital station under this section unless there is actual or suspected child abuse or neglect.
SectionSubsections (1), (4), (7), (9), and (10) of section 63.0423, Florida Statutes, isare amended to read:
63.0423 Procedures with respect to surrendered newborn infants.— (1) Upon entry of final judgment terminating parental rights, a licensed child-placing agency that takes physical custody of a newborn an infant surrendered at a hospital, an emergency medical services station, or a fire station pursuant to s.
383.50 assumes responsibility for the medical and other costs associated with the emergency services and care of the surrendered newborn infant from the time the licensed child-child-placing placing agency takes physical custody of the surrendered newborn infant.
(2)(4) The licensedparent child-placingwho agencysurrenders shall immediately seek an order from the circuitinfant courtin foraccordance emergencywith custodys. of the surrendered newborn infant.
The emergency custody order shall remain in effect until the court orders preliminary approval of placement of the surrendered newborn infant in the Page 8of 13 CODING:
Words strickenare deletions;
words underlined are additions.
hb0899-00 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 HB899 2023 prospective home, at which time the prospective adoptive parents become guardians pending termination of parental rights and finalization of adoption or until the court orders otherwise.
The guardianship of the prospective adoptive parents shall remain subject to the right of the licensed child-placing agency to remove the surrendered newborn infant from the placement during the pendency of the proceedings if such removal is deemed by the licensed child-placing agency to be in the best interests of the child.
The licensed child-placing agency may immediately seek to place the surrendered newborn infant in a prospective adoptive home.
(3) The licensed child-placing agency that takes physical custody of the surrendered newborn infant shall, within 24 hours thereafter, request assistance from law enforcement officials to investigate and determine, through the Missing Children Information Clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resources, whether the surrendered newborn infant is a missing child.
(4) The parent who surrenders the newborn infant in accordance with s.
383.50 and this section, an infant who tests positive for illegal drugs, narcotic prescription drugs, alcohol, or other substances, but shows no Page 9of8of 1311 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 section, a surrendered newborn an infant who tests positive for illegal drugs, narcotic prescription drugs, alcohol, or other substances, but shows no other signs of child abuse or neglect, shall be placed in the custody of a licensed child-placing agency.
When the department is contacted regarding a newborn an infant properly surrendered under this section and s.
383.50, the department shall provide instruction to contact a licensed child-placing agency and may not take custody of the newborn infant unless reasonable efforts to contact a licensed child-placing agency to accept the newborn infant have not been successful.
Show all 65 changed lines (25 more)
(5)(7) AIf petitiona forclaim termination of parental rights underof thisa sectionsurrendered mayinfant notis bemade filedbefore untilthe 30judgment daysto afterterminate parental rights is entered, the datecircuit court may hold the newbornaction infantfor wastermination surrenderedof parental rights in accordanceabeyance withfor s.a period of time not to exceed 60 days.
383.50.(a) The court may order scientific testing to determine maternity or paternity at the expense of the parent claiming parental rights.
A(b) petitionThe forcourt terminationshall ofappoint parentala rightsguardian mayad notlitem befor grantedthe untilsurrendered ainfant parentand hasorder failedwhatever toinvestigation, reclaimhome orevaluation, claimand thepsychological surrenderedevaluation newbornare infantnecessary withinto determine what is in the timebest periodinterests specifiedof inthe s.surrendered infant.
383.50.(c) The court may not terminate parental rights solely on the basis that the parent surrendered left the infant at a hospital, emergency medical services station, or fire station in Page 9of 11 CODING:
(6) A claim of parental rights of the surrendered newborn infant must be made to the entity having legal custody of the surrendered newborn infant or to the circuit court before which proceedings involving the surrendered newborn infant are pending.
A claim of parental rights of the surrendered newborn infant may not be made after the judgment to terminate parental rights is entered, except as otherwise provided by subsection Page 10 of13 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 (9).accordance with s.
(7) If a claim of parental rights of a surrendered newborn infant is made before the judgment to terminate parental rights is entered, the circuit court may hold the action for termination of parental rights in abeyance for a period of time not to exceed 60 days.
(a) The court may order scientific testing to determine maternity or paternity at the expense of the parent claiming parental rights.
(b) The court shall appoint a guardian ad litem for the surrendered newborn infant and order whatever investigation, home evaluation, and psychological evaluation are necessary to determine what is in the best interests of the surrendered newborn infant.
(c) The court may not terminate parental rights solely on the basis that the parent left the newborn infant at a hospital, an emergency medical services station, or a fire station in accordance with s.
(8)(9)(a) WithinA 7judgment businessterminating daysparental afterrights recordingto thea judgment,surrendered infant pending adoption is voidable, and any later judgment of adoption of that child minor is voidable, if, upon the clerkmotion of a parent, the court shallfinds mailthat a copyperson ofknowingly gave false information that prevented the judgmentparent from timely making known his or her desire to theassume department,parental responsibilities toward the petitioner,child andminor anyor personfrom whoseexercising consenthis wasor required,her ifparental known.rights.
The clerk shall execute a certificate of each mailing.
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Words strickenare deletions;
words underlined are additions.
hb0899-00 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 HB899 2023 (9)(a) A judgment terminating parental rights of a surrendered newborn infant pending adoption is voidable, and any later judgment of adoption of that child minor is voidable, if, upon the motion of a parent, the court finds that a person knowingly gave false information that prevented the parent from timely making known his or her desire to assume parental responsibilities toward the child minor or from exercising his or her parental rights.
If the court orders contact between a parent and the child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with personsPage other10 thanof11 thoseCODING: with whom the child resides.
(c) The court may not order scientific testing to determine the paternity or maternity of the child minor until Page 12 of13 CODING:
hb0899-00hb0899-01-c1 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 HB899CS/HB899 2023 suchpersons timeother asthan thethose courtwith determineswhom that a previously entered judgment terminating the parentalchild rightsresides. of that parent is voidable pursuant to paragraph (a), unless all parties agree that such testing is in the best interests of the child.
Upon(c) theThe filingcourt ofmay testnot resultsorder establishingscientific thattesting person'sto maternitydetermine orthe paternity or maternity of the surrenderedchild newbornminor infant,until such time as the court maydetermines orderthat visitationa onlypreviously ifentered itjudgment appearsterminating the parental rights of that parent is voidable pursuant to beparagraph (a), unless all parties agree that such testing is in the best interests of the child.
Upon the filing of test results establishing that person's maternity or paternity of the surrendered infant, the court may order visitation only if it appears to be in the best interests of the child.
(10) Except to the extent expressly provided in this section, proceedings initiated by a licensed child-placing agency for the termination of parental rights and subsequent adoption of a newborn infant surrendered left at a hospital, an emergency medical services station, or a fire station in accordance with s.
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hb0899-00hb0899-01-c1
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View plain text versions (2)
- H 899 c1 View text Current pdf
- Introduced H 899 Filed pdf
Action History
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Died in Rules
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Received
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Referred to Rules
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In Messages
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CS passed; YEAS 111, NAYS 0
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Read 2nd time
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Bill added to Special Order Calendar (3/30/2023)
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Added to Second Reading Calendar
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Bill referred to House Calendar
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Health & Human Services Committee
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Favorable with CS by Health & Human Services Committee
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Added to Health & Human Services Committee agenda
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Now in Health & Human Services Committee
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Reported out of Healthcare Regulation Subcommittee
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Favorable by Healthcare Regulation Subcommittee
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1st Reading (Original Filed Version)
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Added to Healthcare Regulation Subcommittee agenda
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Now in Healthcare Regulation Subcommittee
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Referred to Health & Human Services Committee
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Referred to Healthcare Regulation Subcommittee
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Filed
Sponsors
- Roth · Cosponsor
- Tobin Rogers "Toby" Overdorf · Cosponsor
- Christine Hunschofsky · Cosponsor
- Linda Chaney · Cosponsor
- Kimberly Berfield · Cosponsor
- Robin Bartleman · Cosponsor
- Jessica Baker · Cosponsor
- Beltran · Primary
- Jennifer Canady · Primary
- Health & Human Services Committee · Primary
- Emily Gregory · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 8 co-sponsors · 153 not signed on
Sponsors (3)
- Beltran
- Canady, Jennifer Republican
- Health & Human Services Committee
Co-sponsors (8)
- Roth
- Overdorf, Tobin Rogers "Toby" Republican
- Hunschofsky, Christine Democrat
- Chaney, Linda Republican
- Berfield, Kimberly Republican
- Bartleman, Robin Democrat
- Baker, Jessica Republican
- Gregory, Emily Democrat
Not signed on (153)
153 members have not signed on to this bill.
Show all 153 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 60 | 0 | 0 | 4 |
| Democrat | 25 | 0 | 0 | 3 |
| Unaffiliated | 26 | 0 | 0 | 1 |
| Total | 111 | 0 | 0 | 8 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Altman | — | Yea |
| Payne | — | Yea |
| Amesty | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fine | — | Yea |
| Rayner-Goolsby | — | Yea |
| Renner | — | Yea |
| Roach | — | Yea |
| Bell | — | Yea |
| Grant | — | Yea |
| Rommel | — | Yea |
| Beltran | — | Yea |
| Roth | — | Yea |
| Benjamin | — | Yea |
| Rudman | — | Yea |
| Hawkins | — | Yea |
| Silvers | — | Yea |
| Killebrew | — | Yea |
| Caruso | — | Yea |
| Temple | — | Yea |
| Casello | — | Yea |
| Tomkow | — | Yea |
| Clemons | — | Yea |
| Waldron | — | Yea |
| Williams | — | Yea |
| Stevenson | — | Not Voting |
| Lopez, V. | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Yea |
| Bracy Davis, LaVon | Democrat | Yea |
| Campbell, Daryl | Democrat | Yea |
| Chambliss, Kevin D. | Democrat | Yea |
| Cross, Lindsay | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Daniels, Kimberly | Democrat | Not Voting |
| Driskell, Fentrice | Democrat | Yea |
| Dunkley, Lisa | Democrat | Yea |
| Edmonds, Jervonte "Tae" | Democrat | Not Voting |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Franklin II, Gallop | Democrat | Not Voting |
| Gantt, Ashley Viola | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Harris, Jennifer "Rita" | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| López, Johanna | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Robinson, Felicia Simone | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Abbott, Shane G. | Republican | Yea |
| Alvarez, Daniel Antonio "Danny" | Republican | Yea |
| Anderson, Adam | Republican | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Baker, Jessica | Republican | Yea |
| Bankson, Douglas Michael "Doug" | Republican | Yea |
| Barnaby, Webster | Republican | Yea |
| Basabe, Fabián | Republican | Yea |
| Berfield, Kimberly | Republican | Yea |
| Black, Dean | Republican | Yea |
| Borrero, David | Republican | Yea |
| Botana, Adam | Republican | Yea |
| Brackett, Robert A. "Robbie" | Republican | Not Voting |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Canady, Jennifer | Republican | Yea |
| Cassel, Hillary | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Esposito, Tiffany | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Giallombardo, Mike | Republican | Yea |
| Gonzalez Pittman, Karen | Republican | Yea |
| Gossett-Seidman, Peggy | Republican | Yea |
| Griffitts Jr., Philip Wayne "Griff" | Republican | Yea |
| Holcomb, Jeff | Republican | Yea |
| Jacques, Berny | Republican | Yea |
| Koster, Traci | Republican | Not Voting |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Not Voting |
| McFarland, Fiona | Republican | Yea |
| Melo, Lauren | Republican | Yea |
| Michael, Kiyan | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Porras, Juan Carlos | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Not Voting |
| Smith, David | Republican | Yea |
| Snyder, John | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Steele, Kevin M. | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Tramont, Chase | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
| Valdés, Susan L. | Republican | Yea |
| Yarkosky, Taylor Michael | Republican | Yea |
| Yeager, Bradford Troy "Brad" | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 10 | 0 | 0 | 1 |
| Democrat | 6 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Amesty | — | Yea |
| Clemons | — | Yea |
| Fine | — | Yea |
| Grant | — | Yea |
| Cross, Lindsay | Democrat | Yea |
| Dunkley, Lisa | Democrat | Yea |
| Edmonds, Jervonte "Tae" | Democrat | Yea |
| Gantt, Ashley Viola | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Anderson, Adam | Republican | Yea |
| Baker, Jessica | Republican | Yea |
| Koster, Traci | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Snyder, John | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Yarkosky, Taylor Michael | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bell | — | Yea |
| Clemons | — | Yea |
| Rudman | — | Yea |
| Bartleman, Robin | Democrat | Yea |
| Franklin II, Gallop | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Abbott, Shane G. | Republican | Yea |
| Anderson, Adam | Republican | Yea |
| Baker, Jessica | Republican | Yea |
| Black, Dean | Republican | Yea |
| Borrero, David | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Snyder, John | Republican | Not Voting |
| Trabulsy, Dana | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 899 do?
- Surrendered Newborn Infants; Authorizes hospitals, emergency medical services stations, & fire stations to use newborn infant safety devices to accept surrendered newborn infants if device meets specified criteria; requires hospitals, emergency medical services stations, or fire stations to physically check & test devices at specified intervals; authorizes parent to leave newborn infant with medical staff or licensed healthcare professional at hospital after delivery of newborn infant; authorizes parent to surrender newborn infant by calling 911 & requesting EMS provider to meet at specified location to retrieve newborn infant.
- Who sponsors HB 899?
- HB 899 is sponsored by Roth, Overdorf, Tobin Rogers "Toby" (Republican), Hunschofsky, Christine (Democrat), Chaney, Linda (Republican), Berfield, Kimberly (Republican), Bartleman, Robin (Democrat), Baker, Jessica (Republican), Beltran, Canady, Jennifer (Republican), Health & Human Services Committee, and Gregory, Emily (Democrat).
- What is the current status of HB 899?
- This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 899?
- Track HB 899 free on One Click Politics — get push/email alerts when it moves.
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