HB 1119 2022
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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
A bill to be entitled 1
An act relating to grandparent visitation rights; 2
amending s. 752.011, F.S.; creating a presumption for 3
maternal or paternal grandparent or stepgrandparent 4
visitation of a child under certain circumstances; 5
providing a burden for overcoming such presumption; 6
providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsections (2) through (11) of section 11
752.011, Florida Statutes, are renumbered as subsections (3) 12
through (12), respectively, present subsections (4) and (5) are 13
amended, and a new subsection (2) is added to that section, to 14
read: 15
752.011 Petition for grandparent visitation with a minor 16
child.—A grandparent of a minor child whose parents are 17
deceased, missing, or in a persistent vegetative state, or whose 18
one parent is deceased, missing, or in a persistent vegetative 19
state and whose other parent has been convicted of a felony or 20
an offense of violence evincing behavior that poses a 21
substantial threat of harm to the minor child's health or 22
welfare, may petition the court for court -ordered visitation 23
with the grandchild under this section. 24
(2) Notwithstanding subsection (1), if the court finds 25
HB 1119 2022
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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
that one parent of a child has been held criminally or civilly 26
liable for the death of the other parent of the child, there is 27
a presumption for granting reasonable visitation with the 28
petitioning grandparent or stepgrandparent if he or she is the 29
parent of the child's deceased parent. This presumption may only 30
be overcome if the court finds that granting such visitation is 31
not in the best interests of the child. 32
(5)(4) In assessing the best interests interest of the 33
child under subsection (4)(3), the court shall consider the 34
totality of the circumstances affecting the mental and emotional 35
well-being of the minor child, including: 36
(a) The love, affection, and other emotional ties existing 37
between the minor child and the grandparent, including those 38
resulting from the relationship that had been previously allowed 39
by the child's parent. 40
(b) The length and quality of the previous relationship 41
between the minor child and the grandparent, including the 42
extent to which the grandparent was involved in providing 43
regular care and support for the child. 44
(c) Whether the grandparent established ongoing personal 45
contact with the minor child before the death of the parent, 46
before the onset of the parent's persistent vegetative state, or 47
before the parent was missing. 48
(d) The reasons cited by the respondent parent in ending 49
contact or visitation between the minor child and the 50
HB 1119 2022
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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
grandparent. 51
(e) Whether there has been significant and demonstrable 52
mental or emotional harm to the minor child as a result of the 53
disruption in the family unit, whether the child derived support 54
and stability from the grandparent, and whether the continuation 55
of such support and stability is likely to prevent further harm. 56
(f) The existence or threat to the minor child of mental 57
injury as defined in s. 39.01. 58
(g) The present mental, physical, and emotional health of 59
the minor child. 60
(h) The present mental, physical, and emotional health of 61
the grandparent. 62
(i) The recommendations of the minor child's guardian ad 63
litem, if one is appointed. 64
(j) The result of any psychological evaluation of the 65
minor child. 66
(k) The preference of the minor child if the child is 67
determined to be of sufficient maturity to express a preference. 68
(l) A written testamentary statement by the deceased 69
parent regarding visitation with the grandparent. The absence of 70
a testamentary statement is not deemed to provide evidence that 71
the deceased or missing parent or parent in a persistent 72
vegetative state would have objected to the requested 73
visitation. 74
(m) Other factors that the court considers necessary to 75
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making its determination. 76
(6)(5) In assessing material harm to the parent -child 77
relationship under subsection (4)(3), the court shall consider 78
the totality of the circumstances affecting the parent -child 79
relationship, including: 80
(a) Whether there have been previous disputes between the 81
grandparent and the parent over childrearing or other matters 82
related to the care and upbringing of the minor child. 83
(b) Whether visitation would materially interfer e with or 84
compromise parental authority. 85
(c) Whether visitation can be arranged in a manner that 86
does not materially detract from the parent -child relationship, 87
including the quantity of time available for enjoyment of the 88
parent-child relationship and a ny other consideration related to 89
disruption of the schedule and routine of the parent and the 90
minor child. 91
(d) Whether visitation is being sought for the primary 92
purpose of continuing or establishing a relationship with the 93
minor child with the intent t hat the child benefit from the 94
relationship. 95
(e) Whether the requested visitation would expose the 96
minor child to conduct, moral standards, experiences, or other 97
factors that are inconsistent with influences provided by the 98
parent. 99
(f) The nature of th e relationship between the child's 100
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parent and the grandparent. 101
(g) The reasons cited by the parent in ending contact or 102
visitation between the minor child and the grandparent which was 103
previously allowed by the parent. 104
(h) The psychological toll of vis itation disputes on the 105
minor child. 106
(i) Other factors that the court considers necessary in 107
making its determination. 108
Section 2. This act shall take effect July 1, 2022. 109