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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
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
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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 liable for 26
the death of the other parent of the child or civilly liable for 27
an intentional tort causing the death of the other parent of the 28
child, there is a presumption for granting reasonable visitation 29
with the petitioning grandparent or stepgrandparent if he or she 30
is the parent of the child's deceased parent. This presumption 31
may only be overcome if the court finds that granting such 32
visitation is not in the best interests of the child. 33
(5)(4) In assessing the best interests interest of the 34
child under subsection (4)(3), the court shall consider the 35
totality of the circumstances affecting the mental and emotional 36
well-being of the minor child, including: 37
(a) The love, affection, and other emotional t ies existing 38
between the minor child and the grandparent, including those 39
resulting from the relationship that had been previously allowed 40
by the child's parent. 41
(b) The length and quality of the previous relationship 42
between the minor child and the gran dparent, including the 43
extent to which the grandparent was involved in providing 44
regular care and support for the child. 45
(c) Whether the grandparent established ongoing personal 46
contact with the minor child before the death of the parent, 47
before the onset of the parent's persistent vegetative state, or 48
before the parent was missing. 49
(d) The reasons cited by the respondent parent in ending 50
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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
contact or visitation between the minor child and the 51
grandparent. 52
(e) Whether there has been significant and demo nstrable 53
mental or emotional harm to the minor child as a result of the 54
disruption in the family unit, whether the child derived support 55
and stability from the grandparent, and whether the continuation 56
of such support and stability is likely to prevent fur ther harm. 57
(f) The existence or threat to the minor child of mental 58
injury as defined in s. 39.01. 59
(g) The present mental, physical, and emotional health of 60
the minor child. 61
(h) The present mental, physical, and emotional health of 62
the grandparent. 63
(i) The recommendations of the minor child's guardian ad 64
litem, if one is appointed. 65
(j) The result of any psychological evaluation of the 66
minor child. 67
(k) The preference of the minor child if the child is 68
determined to be of sufficient maturity to ex press a preference. 69
(l) A written testamentary statement by the deceased 70
parent regarding visitation with the grandparent. The absence of 71
a testamentary statement is not deemed to provide evidence that 72
the deceased or missing parent or parent in a persis tent 73
vegetative state would have objected to the requested 74
visitation. 75
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(m) Other factors that the court considers necessary to 76
making its determination. 77
(6)(5) In assessing material harm to the parent -child 78
relationship under subsection (4)(3), the court shall consider 79
the totality of the circumstances affecting the parent -child 80
relationship, including: 81
(a) Whether there have been previous disputes between the 82
grandparent and the parent over childrearing or other matters 83
related to the care and upbrin ging of the minor child. 84
(b) Whether visitation would materially interfere with or 85
compromise parental authority. 86
(c) Whether visitation can be arranged in a manner that 87
does not materially detract from the parent -child relationship, 88
including the quantity of time available for enjoyment of the 89
parent-child relationship and any other consideration related to 90
disruption of the schedule and routine of the parent and the 91
minor child. 92
(d) Whether visitation is being sought for the primary 93
purpose of continuing or establishing a relationship with the 94
minor child with the intent that the child benefit from the 95
relationship. 96
(e) Whether the requested visitation would expose the 97
minor child to conduct, moral standards, experiences, or other 98
factors that are inconsistent with influences provided by the 99
parent. 100
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(f) The nature of the relationship between the child's 101
parent and the grandparent. 102
(g) The reasons cited by the parent in ending contact or 103
visitation between the minor child and the grandparent whic h was 104
previously allowed by the parent. 105
(h) The psychological toll of visitation disputes on the 106
minor child. 107
(i) Other factors that the court considers necessary in 108
making its determination. 109
Section 2. This act shall take effect July 1, 2022. 110