Florida 2025 Regular Session

Florida House Bill H0121 Compare Versions

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

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3	3	HB 121 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb121-00
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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; providing an effective date. 5
19	19	6
20	20	Be It Enacted by the Legislature of the State of Florida: 7
21	21	8
22	22	Section 1. Section 752.011, Florida Statutes, is amended 9
23	23	to read: 10
24	24	752.011 Petition for grandparent visitation with a minor 11
25	25	child.—A grandparent of a minor child whose parents are 12
26	26	deceased, missing, or in a persistent vegetative state, or whose 13
27	27	one parent is deceased, missing, or in a persistent vegetative 14
28	28	state and whose other parent has been convicted of a felony or 15
29	29	an offense of violence evincing behavior that poses a 16
30	30	substantial threat of harm to the minor child's health or 17
31	31	welfare, may petition the court for court -ordered visitation 18
32	32	with the grandchild under this section if the minor child's 19
33	33	parents are divorced or if one or bo th of the minor child's 20
34	34	parents are deceased, missing, or in a persistent vegetative 21
35	35	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 prima facie showing 25
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40	40	HB 121 2025
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb121-00
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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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49	49
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51	51	that the minor child's parents are divorced or one or both of 26
52	52	the minor child's parents are deceased, missing, or in a 27
53	53	persistent vegetative state of parental unfitness or significant 28
54	54	harm to the child. Absent such a showing, the court shall 29
55	55	dismiss the petition and may award reasonable attorney fees and 30
56	56	costs to be paid by the petitioner 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 liable 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 presumption 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 the minor child's parents are divorced or one or 42
68	68	both of the minor child's parents are deceased, missing, or in a 43
69	69	persistent vegetative state a parent is unfit or that there is 44
70	70	significant harm to the child , the court may appoint a guardian 45
71	71	ad litem and must shall refer the matter to family mediation as 46
72	72	provided in s. 752.015. If family mediation does not 47
73	73	successfully resolve the issue of grandparent visitation, the 48
74	74	court must shall proceed with a final hearing. 49
75	75	(3)(4) After conducting a final hearing on the issue of 50
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77	77	HB 121 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb121-00
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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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86	86
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88	88	visitation, the court may award reasonable visitation to the 51
89	89	grandparent with respect to the minor child if the court finds 52
90	90	by clear and convincing evidence that the minor child's parents 53
91	91	are divorced or one or both of the minor child's parents are 54
92	92	deceased, missing, or in a persistent vegetative state a parent 55
93	93	is unfit or that there is significant harm to the child , that 56
94	94	visitation is in the best interest of the minor child, and that 57
95	95	the visitation will not materially harm the parent -child 58
96	96	relationship, if one exists. 59
97	97	(4)(5) In assessing the best interests of the child under 60
98	98	subsection (3) (4), the court shall consider the totality of the 61
99	99	circumstances affecting the mental and emotional well -being of 62
100	100	the minor child, including: 63
101	101	(a) The love, affection, and other em otional ties existing 64
102	102	between the minor child and the grandparent, including those 65
103	103	resulting from the relationship that had been previously allowed 66
104	104	by the child's parent. 67
105	105	(b) The length and quality of the previous relationship 68
106	106	between the minor child and the grandparent, including the 69
107	107	extent to which the grandparent was involved in providing 70
108	108	regular care and support for the child. 71
109	109	(c) Whether the grandparent established ongoing personal 72
110	110	contact with the minor child before the parents divorced, before 73
111	111	the death of the parent, before the onset of the parent's 74
112	112	persistent vegetative state, or before the parent was missing. 75
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114	114	HB 121 2025
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb121-00
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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	(d) The reasons cited by the respondent parent in ending 76
126	126	contact or visitation between the minor child and the 77
127	127	grandparent. 78
128	128	(e) Whether there has been significant and demonstrable 79
129	129	mental or emotional harm to the minor child as a result of the 80
130	130	disruption in the family unit, whether the child derived support 81
131	131	and stability from the grandparent, and whether the continuation 82
132	132	of such support and stability is likely to prevent further harm. 83
133	133	(f) The existence or threat to the minor child of mental 84
134	134	injury as defined in s. 39.01. 85
135	135	(g) The present mental, physical, and emotional health of 86
136	136	the minor child. 87
137	137	(h) The present mental, physical, and emotional health of 88
138	138	the grandparent. 89
139	139	(i) The recommendations of the minor child's guardian ad 90
140	140	litem, if one is appointed. 91
141	141	(j) The result of any psychological evaluation of the 92
142	142	minor child. 93
143	143	(k) The preference of the minor child if the child is 94
144	144	determined to be of sufficient maturity to express a preference. 95
145	145	(l) A written testamentary statement by the deceased 96
146	146	parent regarding visitation with the grandparent. The absence of 97
147	147	a testamentary statement is not deemed to provide evidence that 98
148	148	the deceased or missing parent or parent in a persistent 99
149	149	vegetative state would have objected to the requested 100
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151	151	HB 121 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb121-00
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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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160	160
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162	162	visitation. 101
163	163	(m) Other factors that the court considers necessary to 102
164	164	making its determination. 103
165	165	(5)(6) In assessing material harm to the parent -child 104
166	166	relationship under subsection (3) (4), the court shall consider 105
167	167	the totality of the circumstances affecting the parent -child 106
168	168	relationship, including: 107
169	169	(a) Whether there have been previous disputes between the 108
170	170	grandparent and the parent over childrearing or other matters 109
171	171	related to the care and upbringing of the minor child. 110
172	172	(b) Whether visitation would materially interfere with or 111
173	173	compromise parental authority. 112
174	174	(c) Whether visitation can be arranged in a manner that 113
175	175	does not materially detract from the parent -child relationship, 114
176	176	including the quantity of time available for enjoyment of the 115
177	177	parent-child relationship and any other consideration related to 116
178	178	disruption of the schedule and routine of the parent and the 117
179	179	minor child. 118
180	180	(d) Whether visitation is being sought for the primary 119
181	181	purpose of continuing or establishing a relationship with the 120
182	182	minor child with the intent that the child benefit from the 121
183	183	relationship. 122
184	184	(e) Whether the requested visitation would expose the 123
185	185	minor child to conduct, moral standards, experiences, or other 124
186	186	factors that are inconsistent with influences provided by the 125
187	187
188	188	HB 121 2025
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190	190
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb121-00
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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. 126
200	200	(f) The nature of the relationship between the child's 127
201	201	parent and the grandparent. 128
202	202	(g) The reasons cited by the parent in ending contact or 129
203	203	visitation between t he minor child and the grandparent which was 130
204	204	previously allowed by the parent. 131
205	205	(h) The psychological toll of visitation disputes on the 132
206	206	minor child. 133
207	207	(i) Other factors that the court considers necessary in 134
208	208	making its determination. 135
209	209	(6)(7) Part II of chapter 61 applies to actions brought 136
210	210	under this section. 137
211	211	(7)(8) If actions under this section and s. 61.13 are 138
212	212	pending concurrently, the courts are strongly encouraged to 139
213	213	consolidate the actions in order to minimize the burden of 140
214	214	litigation on the minor child and the other parties. 141
215	215	(8)(9) An order for grandparent visitation may be modified 142
216	216	upon a showing by the person petitioning for modification that a 143
217	217	substantial change in circumstances has occurred and that 144
218	218	modification of visitation is in the best i nterest of the minor 145
219	219	child. 146
220	220	(9)(10) An original action requesting visitation under 147
221	221	this section may be filed by a grandparent only once during any 148
222	222	2-year period, except on good cause shown that the minor child 149
223	223	is suffering, or may suffer, significant and demonstrable mental 150
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225	225	HB 121 2025
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb121-00
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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	or emotional harm caused by a parental decision to deny 151
237	237	visitation between a minor child and the grandparent, which was 152
238	238	not known to the grandparent at the time of filing an earlier 153
239	239	action. 154
240	240	(10)(11) This section does not provide for grandparent 155
241	241	visitation with a minor child placed for adoption under chapter 156
242	242	63 except as provided in s. 752.071 with respect to adoption by 157
243	243	a stepparent or close relative. 158
244	244	(11)(12) Venue shall be in the county where the minor 159
245	245	child primarily resides, unl ess venue is otherwise governed by 160
246	246	chapter 39, chapter 61, or chapter 63. 161
247	247	Section 2. This act shall take effect July 1, 2025. 162