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