Florida 2024 Regular Session

Florida House Bill H0859 Compare Versions

Only one version of the bill is available at this time.

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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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14	14	A bill to be entitled 1
15	15	An act relating to grandparent visitation; amending s. 2
16	16	752.011, F.S.; revising the criteria required for the 3
17	17	grandparent of a minor child to petition the court for 4
18	18	grandparent visitation; conforming provisions to 5
19	19	changes made by the act; providing an effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Section 752.011, Florida Statutes, is amended 10
24	24	to read: 11
25	25	752.011 Petition for grandparent visitation with a minor 12
26	26	child.—A grandparent of a minor child whose parents are 13
27	27	deceased, missing, or in a persistent vegetative state, or whose 14
28	28	one parent is deceased, missing, or in a persistent vegetative 15
29	29	state and whose other parent has been convicted of a felony or 16
30	30	an offense of violence evincing behavior that poses a 17
31	31	substantial threat of harm to the minor child's health or 18
32	32	welfare, may petition the court for court -ordered visitation 19
33	33	with the grandchild under this section if one or both of the 20
34	34	minor child's parents are deceased, missing, or in a persistent 21
35	35	vegetative state. 22
36	36	(1) Upon the filing of a petition by a grandparent for 23
37	37	visitation, the court shall hold a preliminary hearing to 24
38	38	determine whether the petitioner has made a pr ima facie showing 25
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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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51	51	that one or both of the minor child's parents are deceased, 26
52	52	missing, or in a persistent vegetative state of parental 27
53	53	unfitness or significant harm to the child . Absent such a 28
54	54	showing, the court shall dismiss the petition and may award 29
55	55	reasonable attorney fees and costs to be paid by the petitioner 30
56	56	to the respondent. 31
57	57	(2) Notwithstanding subsection (1), if the court finds 32
58	58	that one parent of a child has been held criminally liable for 33
59	59	the death of the other parent of the child or civilly li able for 34
60	60	an intentional tort causing the death of the other parent of the 35
61	61	child, there is a presumption for granting reasonable visitation 36
62	62	with the petitioning grandparent or stepgrandparent if he or she 37
63	63	is the parent of the child's deceased parent. This p resumption 38
64	64	may only be overcome if the court finds that granting such 39
65	65	visitation is not in the best interests of the child. 40
66	66	(2)(3) If the court finds that there is prima facie 41
67	67	evidence that one of the minor child's parents is deceased, 42
68	68	missing, or in a vegetative state a parent is unfit or that 43
69	69	there is significant harm to the child , the court may appoint a 44
70	70	guardian ad litem and must shall refer the matter to family 45
71	71	mediation as provided in s. 752.015. If family mediation does 46
72	72	not successfully resolve the issue of grandparent visitation, 47
73	73	the court shall proceed with a final hearing. 48
74	74	(3)(4) After conducting a final hearing on the issue of 49
75	75	visitation, the court may award reasonable visitation to the 50
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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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88	88	grandparent with respect to the minor child if the court finds 51
89	89	by clear and convincing evidence that one or both of the minor 52
90	90	child's parents are deceased, missing, or in a persistent 53
91	91	vegetative state a parent is unfit or that there is significant 54
92	92	harm to the child, that visitation is in the best interest of 55
93	93	the minor child, and that the visitation will not materially 56
94	94	harm the parent-child relationship, if one exists. 57
95	95	(4)(5) In assessing the best interests of the child under 58
96	96	subsection (3)(4), the court shall consider the totality of the 59
97	97	circumstances affecting the mental and emotional well -being of 60
98	98	the minor child, including: 61
99	99	(a) The love, affection, and other emotional ties existing 62
100	100	between the minor child and the grandparent, including those 63
101	101	resulting from the relationship that had been previously allowed 64
102	102	by the child's parent. 65
103	103	(b) The length and quality of the previous relationship 66
104	104	between the minor child and the grandparent, including the 67
105	105	extent to which the grandparent was involved in providing 68
106	106	regular care and support for the child. 69
107	107	(c) Whether the grandparent established ongoing personal 70
108	108	contact with the minor child before the death of the parent, 71
109	109	before the onset of the parent's persistent vegetative state, or 72
110	110	before the parent was missing. 73
111	111	(d) The reasons cited by the respondent parent in ending 74
112	112	contact or visitation between the minor child and the 75
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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	grandparent. 76
126	126	(e) Whether there has been significant and demonstrable 77
127	127	mental or emotional harm to the minor child as a result of the 78
128	128	disruption in the family unit, whether the child derived support 79
129	129	and stability from the grandparent, and whether the continuation 80
130	130	of such support and stability is likely to prevent further harm. 81
131	131	(f) The existence or threat to the minor child of mental 82
132	132	injury as defined in s. 39.01. 83
133	133	(g) The present mental, physical, and emotional health of 84
134	134	the minor child. 85
135	135	(h) The present mental, physical, and emotional health of 86
136	136	the grandparent. 87
137	137	(i) The recommendations of the minor child's guardian ad 88
138	138	litem, if one is appointed. 89
139	139	(j) The result of any psychological evaluation of th e 90
140	140	minor child. 91
141	141	(k) The preference of the minor child if the child is 92
142	142	determined to be of sufficient maturity to express a preference. 93
143	143	(l) A written testamentary statement by the deceased 94
144	144	parent regarding visitation with the grandparent. The absence of 95
145	145	a testamentary statement is not deemed to provide evidence that 96
146	146	the deceased or missing parent or parent in a persistent 97
147	147	vegetative state would have objected to the requested 98
148	148	visitation. 99
149	149	(m) Other factors that the court considers necessary to 100
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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	making its determination. 101
163	163	(5)(6) In assessing material harm to the parent -child 102
164	164	relationship under subsection (3)(4), the court shall consider 103
165	165	the totality of the circumstances affecting the parent -child 104
166	166	relationship, including: 105
167	167	(a) Whether there have been previo us disputes between the 106
168	168	grandparent and the parent over childrearing or other matters 107
169	169	related to the care and upbringing of the minor child. 108
170	170	(b) Whether visitation would materially interfere with or 109
171	171	compromise parental authority. 110
172	172	(c) Whether visitation can be arranged in a manner that 111
173	173	does not materially detract from the parent -child relationship, 112
174	174	including the quantity of time available for enjoyment of the 113
175	175	parent-child relationship and any other consideration related to 114
176	176	disruption of the schedule and routine of the parent and the 115
177	177	minor child. 116
178	178	(d) Whether visitation is being sought for the primary 117
179	179	purpose of continuing or establishing a relationship with the 118
180	180	minor child with the intent that the child benefit from the 119
181	181	relationship. 120
182	182	(e) Whether the requested visitation would expose the 121
183	183	minor child to conduct, moral standards, experiences, or other 122
184	184	factors that are inconsistent with influences provided by the 123
185	185	parent. 124
186	186	(f) The nature of the relationship between the child's 125
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188	188	HB 859 2024
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195	195	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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197	197
198	198
199	199	parent and the grandparent. 126
200	200	(g) The reasons cited by the parent in ending contact or 127
201	201	visitation between the minor child and the grandparent which was 128
202	202	previously allowed by the parent. 129
203	203	(h) The psychological toll of visitation disputes on the 130
204	204	minor child. 131
205	205	(i) Other factors that the court considers necessary in 132
206	206	making its determination. 133
207	207	(6)(7) Part II of chapter 61 applies to actions brought 134
208	208	under this section. 135
209	209	(7)(8) If actions under this section and s. 61.13 are 136
210	210	pending concurrently, the courts are strongly encouraged to 137
211	211	consolidate the actions in order to minimize the burden of 138
212	212	litigation on the minor child and the other parties. 139
213	213	(8)(9) An order for grandparent visitation may be modified 140
214	214	upon a showing by the person petitioning for modification that a 141
215	215	substantial change in ci rcumstances has occurred and that 142
216	216	modification of visitation is in the best interest of the minor 143
217	217	child. 144
218	218	(9)(10) An original action requesting visitation under 145
219	219	this section may be filed by a grandparent only once during any 146
220	220	2-year period, except on good cause shown that the minor child 147
221	221	is suffering, or may suffer, significant and demonstrable mental 148
222	222	or emotional harm caused by a parental decision to deny 149
223	223	visitation between a minor child and the grandparent, which was 150
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232	232	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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236	236	not known to the grandparent at the ti me of filing an earlier 151
237	237	action. 152
238	238	(10)(11) This section does not provide for grandparent 153
239	239	visitation with a minor child placed for adoption under chapter 154
240	240	63 except as provided in s. 752.071 with respect to adoption by 155
241	241	a stepparent or close relative. 156
242	242	(11)(12) Venue shall be in the county where the minor 157
243	243	child primarily resides, unless venue is otherwise governed by 158
244	244	chapter 39, chapter 61, or chapter 63. 159
245	245	Section 2. This act shall take effect July 1, 2024. 160