CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Carlton moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, line 13, through

15            page 8, line 24, delete those lines

16

17  and insert:

18         Section 2.  Subsections (48) and (50) of section 39.01,

19  Florida Statutes, 1998 Supplement, are amended to read:

20         39.01  Definitions.--When used in this chapter, unless

21  the context otherwise requires:

22         (48)  "Next of kin" means an adult relative of a child

23  who is the child's brother, sister, grandparent,

24  great-grandparent, aunt, uncle, or first cousin.

25         (50)  "Participant," for purposes of a shelter

26  proceeding, dependency proceeding, or termination of parental

27  rights proceeding, means any person who is not a party but who

28  should receive notice of hearings involving the child,

29  including foster parents or caregivers, identified prospective

30  parents, grandparents or great-grandparents entitled to

31  priority for adoption consideration under s. 63.0425, actual

                                  1
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  custodians of the child, and any other person whose

 2  participation may be in the best interest of the child.

 3  Participants may be granted leave by the court to be heard

 4  without the necessity of filing a motion to intervene.

 5         Section 3.  Section 39.509, Florida Statutes, 1998

 6  Supplement, is amended to read:

 7         39.509  Grandparents and great-grandparents

 8  rights.--Notwithstanding any other provision of law, a

 9  maternal or paternal grandparent or great-grandparent, as well

10  as a stepgrandparent or step-great-grandparent, is entitled to

11  reasonable visitation with his or her grandchild or

12  great-grandchild who has been adjudicated a dependent child

13  and taken from the physical custody of the parent, custodian,

14  legal guardian, or caregiver unless the court finds that such

15  visitation is not in the best interest of the child or that

16  such visitation would interfere with the goals of the case

17  plan. Reasonable visitation may be unsupervised and, where

18  appropriate and feasible, may be frequent and continuing.

19         (1)  Grandparent or great-grandparent visitation may

20  take place in the home of the grandparent or great-grandparent

21  unless there is a compelling reason for denying such a

22  visitation. The department's caseworker shall arrange the

23  visitation to which a grandparent or great-grandparent is

24  entitled pursuant to this section.  The state shall not charge

25  a fee for any costs associated with arranging the visitation.

26  However, the grandparent or great-grandparent shall pay for

27  the child's cost of transportation when the visitation is to

28  take place in the grandparent's or great-grandparent's home.

29  The caseworker shall document the reasons for any decision to

30  restrict a grandparent's or great-grandparent's visitation.

31         (2)  A grandparent or great-grandparent entitled to

                                  2
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  visitation pursuant to this section shall not be restricted

 2  from appropriate displays of affection to the child, such as

 3  appropriately hugging or kissing his or her grandchild or

 4  great-grandchild.  Gifts, cards, and letters from the

 5  grandparent or great-grandparent and other family members

 6  shall not be denied to a child who has been adjudicated a

 7  dependent child.

 8         (3)  Any attempt by a grandparent or great-grandparent

 9  to facilitate a meeting between the child who has been

10  adjudicated a dependent child and the child's parent,

11  custodian, legal guardian, or caregiver in violation of a

12  court order shall automatically terminate future visitation

13  rights of the grandparent or great-grandparent.

14         (4)  When the child has been returned to the physical

15  custody of his or her parent or permanent custodian, legal

16  guardian, or caregiver, the visitation rights granted pursuant

17  to this section shall terminate.

18         (5)  The termination of parental rights does not affect

19  the rights of grandparents or great-grandparents unless the

20  court finds that such visitation is not in the best interest

21  of the child or that such visitation would interfere with the

22  goals of permanency planning for the child.

23         (6)  In determining whether grandparental or

24  great-grandparental visitation is not in the child's best

25  interest, consideration may be given to the finding of guilt,

26  regardless of adjudication, or entry or plea of guilty or nolo

27  contendere to charges under the following statutes, or similar

28  statutes of other jurisdictions:  s. 787.04, relating to

29  removing minors from the state or concealing minors contrary

30  to court order; s. 794.011, relating to sexual battery; s.

31  798.02, relating to lewd and lascivious behavior; chapter 800,

                                  3
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  relating to lewdness and indecent exposure; or chapter 827,

 2  relating to the abuse of children.  Consideration may also be

 3  given to a finding of confirmed abuse, abandonment, or neglect

 4  under ss. 415.101-415.113 or this chapter.

 5         Section 4.  Paragraph (a) of subsection (3) of section

 6  39.801, Florida Statutes, 1998 Supplement, is amended to read:

 7         39.801  Procedures and jurisdiction; notice; service of

 8  process.--

 9         (3)  Before the court may terminate parental rights, in

10  addition to the other requirements set forth in this part, the

11  following requirements must be met:

12         (a)  Notice of the date, time, and place of the

13  advisory hearing for the petition to terminate parental rights

14  and a copy of the petition must be personally served upon the

15  following persons, specifically notifying them that a petition

16  has been filed:

17         1.  The parents of the child.

18         2.  The caregivers or legal custodians of the child.

19         3.  If the parents who would be entitled to notice are

20  dead or unknown, a living relative of the child, unless upon

21  diligent search and inquiry no such relative can be found.

22         4.  Any person who has physical custody of the child.

23         5.  Any grandparent or great-grandparent entitled to

24  priority for adoption under s. 63.0425.

25         6.  Any prospective parent who has been identified

26  under s. 39.503 or s. 39.803.

27         7.  The guardian ad litem for the child or the

28  representative of the guardian ad litem program, if the

29  program has been appointed.

30

31  The document containing the notice to respond or appear must

                                  4
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  contain, in type at least as large as the type in the balance

 2  of the document, the following or substantially similar

 3  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

 4  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

 5  RIGHTS OF THIS CHILD (OR CHILDREN)."

 6         Section 5.  Subsection (2), paragraphs (c) and (d) of

 7  subsection (4), and subsections (6) and (7) of section 61.13,

 8  Florida Statutes, 1998 Supplement, are amended to read:

 9         61.13  Custody and support of children; visitation

10  rights; power of court in making orders.--

11         (2)(a)  The court shall have jurisdiction to determine

12  custody, notwithstanding that the child is not physically

13  present in this state at the time of filing any proceeding

14  under this chapter, if it appears to the court that the child

15  was removed from this state for the primary purpose of

16  removing the child from the jurisdiction of the court in an

17  attempt to avoid a determination or modification of custody.

18         (b)1.  The court shall determine all matters relating

19  to custody of each minor child of the parties in accordance

20  with the best interests of the child and in accordance with

21  the Uniform Child Custody Jurisdiction Act. It is the public

22  policy of this state to assure that each minor child has

23  frequent and continuing contact with both parents after the

24  parents separate or the marriage of the parties is dissolved

25  and to encourage parents to share the rights and

26  responsibilities, and joys, of childrearing. After considering

27  all relevant facts, the father of the child shall be given the

28  same consideration as the mother in determining the primary

29  residence of a child irrespective of the age or sex of the

30  child.

31         2.  The court shall order that the parental

                                  5
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  responsibility for a minor child be shared by both parents

 2  unless the court finds that shared parental responsibility

 3  would be detrimental to the child. Evidence that a parent has

 4  been convicted of a felony of the third degree or higher

 5  involving domestic violence, as defined in s. 741.28 and

 6  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

 7  a rebuttable presumption of detriment to the child. If the

 8  presumption is not rebutted, shared parental responsibility,

 9  including visitation, residence of the child, and decisions

10  made regarding the child, may not be granted to the convicted

11  parent. However, the convicted parent is not relieved of any

12  obligation to provide financial support. If the court

13  determines that shared parental responsibility would be

14  detrimental to the child, it may order sole parental

15  responsibility and make such arrangements for visitation as

16  will best protect the child or abused spouse from further

17  harm. Whether or not there is a conviction of any offense of

18  domestic violence or child abuse or the existence of an

19  injunction for protection against domestic violence, the court

20  shall consider evidence of domestic violence or child abuse as

21  evidence of detriment to the child.

22         a.  In ordering shared parental responsibility, the

23  court may consider the expressed desires of the parents and

24  may grant to one party the ultimate responsibility over

25  specific aspects of the child's welfare or may divide those

26  responsibilities between the parties based on the best

27  interests of the child. Areas of responsibility may include

28  primary residence, education, medical and dental care, and any

29  other responsibilities that the court finds unique to a

30  particular family.

31         b.  The court shall order "sole parental

                                  6
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  responsibility, with or without visitation rights, to the

 2  other parent when it is in the best interests of" the minor

 3  child.

 4         c.  The court may award the grandparents and

 5  great-grandparents visitation rights with a minor child

 6  pursuant to the criteria set forth in s. 752.01, if it is in

 7  the child's best interest. Grandparents and great-grandparents

 8  have legal standing to seek judicial enforcement of such an

 9  award. This section does not require that grandparents or

10  great-grandparents be made parties or given notice of

11  dissolution pleadings or proceedings, nor do grandparents or

12  great-grandparents have legal standing as "contestants" as

13  defined in s. 61.1306. However, courts are strongly encouraged

14  to address grandparents' and great-grandparents' rights in the

15  decree on an original action on a dissolution of marriage in

16  order to minimize the burden of litigation of visitation

17  rights on the child. A court may not order that a child be

18  kept within the state or jurisdiction of the court solely for

19  the purpose of permitting visitation by the grandparents or

20  great-grandparents.

21         3.  Access to records and information pertaining to a

22  minor child, including, but not limited to, medical, dental,

23  and school records, may not be denied to a parent because the

24  parent is not the child's primary residential parent.

25         (4)

26         (c)  When a custodial parent refuses to honor a

27  noncustodial parent's, or grandparent's, or

28  great-grandparent's visitation rights without proper cause,

29  the court shall, after calculating the amount of visitation

30  improperly denied, award the noncustodial parent, or

31  grandparent, or great-grandparent a sufficient amount of extra

                                  7
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  visitation to compensate the noncustodial parent, or

 2  grandparent, or great-grandparent, which visitation shall be

 3  ordered as expeditiously as possible in a manner consistent

 4  with the best interests of the child and scheduled in a manner

 5  that is convenient for the person deprived of visitation. In

 6  ordering any makeup visitation, the court shall schedule such

 7  visitation in a manner that is consistent with the best

 8  interests of the child or children and that is convenient for

 9  the noncustodial parent, or grandparent, or great-grandparent.

10  In addition, the court:

11         1.  May order the custodial parent to pay reasonable

12  court costs and attorney's fees incurred by the noncustodial

13  parent, or grandparent, or great-grandparent to enforce their

14  visitation rights or make up improperly denied visitation;

15         2.  May order the custodial parent to attend the

16  parenting course approved by the judicial circuit;

17         3.  May order the custodial parent to do community

18  service if the order will not interfere with the welfare of

19  the child;

20         4.  May order the custodial parent to have the

21  financial burden of promoting frequent and continuing contact

22  when the custodial parent and child reside further than 60

23  miles from the noncustodial parent;

24         5.  May award custody, rotating custody, or primary

25  residence to the noncustodial parent, upon the request of the

26  noncustodial parent, if the award is in the best interests of

27  the child; or

28         6.  May impose any other reasonable sanction as a

29  result of noncompliance.

30         (d)  A person who violates this subsection may be

31  punished by contempt of court or other remedies as the court

                                  8
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  deems appropriate.

 2         (6)  In any proceeding under this section, the court

 3  may not deny shared parental responsibility, custody, or

 4  visitation rights to a parent, or grandparent, or

 5  great-grandparent solely because that parent, or grandparent,

 6  or great-grandparent is or is believed to be infected with

 7  human immunodeficiency virus; but the court may condition such

 8  rights upon the parent's, or grandparent's, or

 9  great-grandparent's agreement to observe measures approved by

10  the Centers for Disease Control and Prevention of the United

11  States Public Health Service or by the Department of Health

12  and Rehabilitative Services for preventing the spread of human

13  immunodeficiency virus to the child.

14         (7)  In any case where the child is actually residing

15  with a grandparent or great-grandparent in a stable

16  relationship, whether or not the court has awarded custody to

17  the grandparent or great-grandparent or not, the court may

18  recognize the grandparents or great-grandparents as having the

19  same standing as parents for evaluating what custody

20  arrangements are in the best interest of the child.

21         Section 6.  Subsection (1) of section 63.0425, Florida

22  Statutes, is amended to read:

23         63.0425  Grandparent's or great-grandparent's right to

24  adopt.--

25         (1)  When a child who has lived with a grandparent or

26  great-grandparent for at least 6 months is placed for

27  adoption, the agency or intermediary handling the adoption

28  shall notify that grandparent or great-grandparent of the

29  impending adoption before the petition for adoption is filed.

30  If the grandparent or great-grandparent petitions the court to

31  adopt the child, the court shall give first priority for

                                  9
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1  adoption to that grandparent or great-grandparent.

 2         Section 7.  Subsection (2) of section 63.172, Florida

 3  Statutes, is amended to read:

 4         63.172  Effect of judgment of adoption.--

 5         (2)  If one or both parents of a child die without the

 6  relationship of parent and child having been previously

 7  terminated and a spouse of the living parent or a close

 8  relative of the child thereafter adopts the child, the child's

 9  right of inheritance from or through the deceased parent is

10  unaffected by the adoption and, unless the court orders

11  otherwise, the adoption will not terminate any grandparental

12  or great-grandparental rights delineated under chapter 752.

13  For purposes of this subsection, a close relative of a child

14  is the child's brother, sister, grandparent,

15  great-grandparent, aunt, or uncle.

16

17  (Redesignate subsequent sections.)

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 15, following the semicolon

23

24  insert:

25         providing for great-grandparents' visitation

26         rights and standing with regard to evaluating

27         custody arrangements; amending s. 39.01, F.S.;

28         including references to great-grandparents in

29         definitions relating to dependent children;

30         amending s. 39.509, F.S.; providing for

31         great-grandparents visitation rights; amending

                                  10
    7:37 AM   04/19/99                              s0696c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 696

    Amendment No.    





 1         ss. 39.801 and 63.0425, F.S.; providing for a

 2         great-grandparent's right to adopt; amending s.

 3         63.172, F.S.; conforming references relating to

 4         great-grandparental visitation rights under ch.

 5         752, F.S.;

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  11
    7:37 AM   04/19/99                              s0696c1c-24b01