Florida 2022 Regular Session

Florida House Bill H1119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	HB 1119, Engrossed 1 2022 ~~Legislature~~
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	3	+	HB 1119, Engrossed 1 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 5
10	10		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
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12	12
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to grandparent visitation rights; 2
16	16		amending s. 752.011, F.S.; creating a presumption for 3
17	17		maternal or paternal grandparent or stepgrandparent 4
18	18		visitation of a child under certain circumstances; 5
19	19		providing a burden for overcoming such presumption; 6
20	20		providing an effective date. 7
21	21		8
22	22		Be It Enacted by the Legislature of the State of Florida: 9
23	23		10
24	24		Section 1. Subsections (2) through (11) of section 11
25	25		752.011, Florida Statutes, are renumbered as subsections (3) 12
26	26		through (12), respectively, present subsections (4) and (5) are 13
27	27		amended, and a new subsection (2) is added to that section, to 14
28	28		read: 15
29	29		752.011 Petition for grandparent visitation with a minor 16
30	30		child.—A grandparent of a minor child whose parents are 17
31	31		deceased, missing, or in a persistent vegetative state, or whose 18
32	32		one parent is deceased, missing, or in a persistent vegetative 19
33	33		state and whose other parent has been convicted of a felony or 20
34	34		an offense of violence evincing behavior that poses a 21
35	35		substantial threat of harm to the minor child's health or 22
36	36		welfare, may petition the court for court -ordered visitation 23
37	37		with the grandchild under this section. 24
38	38		(2) Notwithstanding subsection (1), if the court finds 25
39		-	~~ENROLLED~~
40		-	HB 1119, Engrossed 1 2022 ~~Legislature~~
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	40	+	HB 1119, Engrossed 1 2022
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42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb1119-~~02-er~~
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46	46		Page 2 of 5
47	47		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
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49	49
50	50
51	51		that one parent of a child has been held criminally liable for 26
52	52		the death of the other parent of the child or civilly liable for 27
53	53		an intentional tort causing the death of the other parent of the 28
54	54		child, there is a presumption for granting reasonable visitation 29
55	55		with the petitioning grandparent or stepgrandparent if he or she 30
56	56		is the parent of the child's deceased parent. This presumption 31
57	57		may only be overcome if the court finds that granting such 32
58	58		visitation is not in the best interests of the child. 33
59	59		(5)(4) In assessing the best interests interest of the 34
60	60		child under subsection (4)(3), the court shall consider the 35
61	61		totality of the circumstances affecting the mental and emotional 36
62	62		well-being of the minor child, including: 37
63	63		(a) The love, affection, and other emotional t ies existing 38
64	64		between the minor child and the grandparent, including those 39
65	65		resulting from the relationship that had been previously allowed 40
66	66		by the child's parent. 41
67	67		(b) The length and quality of the previous relationship 42
68	68		between the minor child and the gran dparent, including the 43
69	69		extent to which the grandparent was involved in providing 44
70	70		regular care and support for the child. 45
71	71		(c) Whether the grandparent established ongoing personal 46
72	72		contact with the minor child before the death of the parent, 47
73	73		before the onset of the parent's persistent vegetative state, or 48
74	74		before the parent was missing. 49
75	75		(d) The reasons cited by the respondent parent in ending 50
76		-	~~ENROLLED~~
77		-	HB 1119, Engrossed 1 2022 ~~Legislature~~
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	77	+	HB 1119, Engrossed 1 2022
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81	81		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb1119-~~02-er~~
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83	83		Page 3 of 5
84	84		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
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86	86
87	87
88	88		contact or visitation between the minor child and the 51
89	89		grandparent. 52
90	90		(e) Whether there has been significant and demo nstrable 53
91	91		mental or emotional harm to the minor child as a result of the 54
92	92		disruption in the family unit, whether the child derived support 55
93	93		and stability from the grandparent, and whether the continuation 56
94	94		of such support and stability is likely to prevent fur ther harm. 57
95	95		(f) The existence or threat to the minor child of mental 58
96	96		injury as defined in s. 39.01. 59
97	97		(g) The present mental, physical, and emotional health of 60
98	98		the minor child. 61
99	99		(h) The present mental, physical, and emotional health of 62
100	100		the grandparent. 63
101	101		(i) The recommendations of the minor child's guardian ad 64
102	102		litem, if one is appointed. 65
103	103		(j) The result of any psychological evaluation of the 66
104	104		minor child. 67
105	105		(k) The preference of the minor child if the child is 68
106	106		determined to be of sufficient maturity to ex press a preference. 69
107	107		(l) A written testamentary statement by the deceased 70
108	108		parent regarding visitation with the grandparent. The absence of 71
109	109		a testamentary statement is not deemed to provide evidence that 72
110	110		the deceased or missing parent or parent in a persis tent 73
111	111		vegetative state would have objected to the requested 74
112	112		visitation. 75
113		-	~~ENROLLED~~
114		-	HB 1119, Engrossed 1 2022 ~~Legislature~~
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	114	+	HB 1119, Engrossed 1 2022
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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121	121		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
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125	125		(m) Other factors that the court considers necessary to 76
126	126		making its determination. 77
127	127		(6)(5) In assessing material harm to the parent -child 78
128	128		relationship under subsection (4)(3), the court shall consider 79
129	129		the totality of the circumstances affecting the parent -child 80
130	130		relationship, including: 81
131	131		(a) Whether there have been previous disputes between the 82
132	132		grandparent and the parent over childrearing or other matters 83
133	133		related to the care and upbrin ging of the minor child. 84
134	134		(b) Whether visitation would materially interfere with or 85
135	135		compromise parental authority. 86
136	136		(c) Whether visitation can be arranged in a manner that 87
137	137		does not materially detract from the parent -child relationship, 88
138	138		including the quantity of time available for enjoyment of the 89
139	139		parent-child relationship and any other consideration related to 90
140	140		disruption of the schedule and routine of the parent and the 91
141	141		minor child. 92
142	142		(d) Whether visitation is being sought for the primary 93
143	143		purpose of continuing or establishing a relationship with the 94
144	144		minor child with the intent that the child benefit from the 95
145	145		relationship. 96
146	146		(e) Whether the requested visitation would expose the 97
147	147		minor child to conduct, moral standards, experiences, or other 98
148	148		factors that are inconsistent with influences provided by the 99
149	149		parent. 100
150		-	~~ENROLLED~~
151		-	HB 1119, Engrossed 1 2022 ~~Legislature~~
	150	+
	151	+	HB 1119, Engrossed 1 2022
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153	153
154	154
155	155		CODING: Words stricken are deletions; words underlined are additions.
156		-	hb1119-~~02-er~~
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158	158		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
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162	162		(f) The nature of the relationship between the child's 101
163	163		parent and the grandparent. 102
164	164		(g) The reasons cited by the parent in ending contact or 103
165	165		visitation between the minor child and the grandparent whic h was 104
166	166		previously allowed by the parent. 105
167	167		(h) The psychological toll of visitation disputes on the 106
168	168		minor child. 107
169	169		(i) Other factors that the court considers necessary in 108
170	170		making its determination. 109
171	171		Section 2. This act shall take effect July 1, 2022. 110