Florida Senate - 2026                                     SB 732
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-01076-26                                            2026732__
    1                        A bill to be entitled                      
    2         An act relating to education on abusive head trauma;
    3         amending s. 411.2035, F.S.; requiring the Department
    4         of Health to adopt evidence-based parent education
    5         materials that describe the dangers of abusive head
    6         trauma, including shaken baby syndrome; specifying
    7         requirements for the parent education materials;
    8         specifying requirements for the distribution of the
    9         parent education materials, including a statewide
   10         public education campaign; requiring the department to
   11         implement a multi-year phase-in plan for the
   12         distribution of the parent education materials;
   13         conforming provisions related to construction and
   14         immunity from civil liability to changes made by the
   15         act; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 411.2035, Florida Statutes, is amended
   20  to read:
   21         411.2035 Dangers of abusive head trauma shaking infants and
   22  young children; requirements for distributing parent education
   23  materials brochures.—
   24         (1) Every hospital, birthing facility, and provider of home
   25  birth which has maternity and newborn services shall provide to
   26  the parents of a newborn, before they take their newborn home
   27  from the hospital or birthing facility, written information with
   28  an explanation concerning the dangers of shaking infants and
   29  young children.
   30         (1)(2) The Department of Health shall adopt evidence-based
   31  parent education materials prepare a brochure that describe
   32  describes the dangers of abusive head trauma, including shaken
   33  baby syndrome shaking infants and young children. The parent
   34  education materials may be provided using written, visual, or
   35  electronic applications. The materials description must include,
   36  but need not be limited to, information concerning all of the
   37  following:
   38         (a) The grave effects of shaking infants and young
   39  children., information concerning
   40         (b) Appropriate ways to manage the causes that can lead a
   41  person to shake or harm infants and young children, including
   42  normal infant crying, fussing, and other causes.
   43         (c) a discussion of Ways to reduce the risks that can lead
   44  a person to shake or harm infants and young children.
   45         (d) Evidence-based practices for safe infant sleep and
   46  avoiding the dangers associated with unsafe sleep environments
   47  for infants.
   48         (e) Information on the importance of carefully selecting a
   49  trusted and responsible caregiver, including warning signs of
   50  potential risk factors.
   51         (2)(a) The evidence-based parent education materials
   52  adopted by the department under subsection (1) must be
   53  distributed as follows:
   54         1. Each hospital, birth center, and home birth provider
   55  providing maternity, prenatal, and newborn services shall
   56  provide the parent education materials to the parents or
   57  caregivers of a newborn within the first 2 weeks after the birth
   58  of the infant.
   59         2. Childbirth educators, pediatric physician practices,
   60  home visiting programs, and obstetrician practices shall provide
   61  the parent education materials to the expectant parents or
   62  caregivers receiving education or health care services or, if
   63  parents or caregivers have already received the parent education
   64  materials, reiterate or reinforce the information covered by
   65  such materials.
   66         3. The department shall adopt a statewide multimedia public
   67  education campaign to prevent instances of abusive head trauma,
   68  including shaken baby syndrome, using the parent education
   69  materials developed under subsection (1) or the information
   70  covered by such materials.
   71         (b) The department shall implement a multi-year phase-in
   72  plan for the distribution of the parent education materials,
   73  beginning with the counties with the six highest birth rates.
   74         (3) This section does not preclude a hospital, a birth
   75  center birthing facility, or a home birth provider, a childbirth
   76  educator, a pediatric physician practice, a home visiting
   77  program, or an obstetrician practice from providing the parent
   78  education materials notice required under this section as an
   79  addendum to, or in connection with, any other required
   80  information.
   81         (4) A cause of action does not accrue against the state or
   82  any subdivision or agency thereof or any hospital, birth center,
   83  home birth birthing facility or home-birth provider, childbirth
   84  educator, pediatric physician practice, home visiting program,
   85  or obstetrician practice for failure to give or receive the
   86  information required under this section.
   87         Section 2. This act shall take effect July 1, 2026.