Senate Bill 0288e1

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







    CS for SB 288                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to children and families;

  3         creating s. 752.011, F.S.; providing for

  4         court-ordered grandparent visitation under

  5         certain circumstances; providing for

  6         appointment of a guardian ad litem and family

  7         mediation if the court makes a preliminary

  8         finding that the minor is threatened with

  9         demonstrable significant mental or emotional

10         harm without visitation; requiring

11         court-ordered evaluation of the child if

12         mediation fails; providing for a hearing in

13         which the determination of demonstrable

14         significant mental or emotional harm to the

15         minor will be made; providing criteria for such

16         a determination; providing for attorney's fees

17         and costs; applying the Uniform Child Custody

18         Jurisdiction Act; repealing s. 752.01, F.S.,

19         relating to grandparental visitation; amending

20         s. 61.13, F.S., to conform to the act;

21         encouraging consolidation of actions under ss.

22         61.13, 752.011, F.S.; amending ss. 752.015,

23         752.07, F.S., to conform cross-references;

24         amending s. 39.01, F.S.; including references

25         to great-grandparents in definitions relating

26         to dependent children; amending s. 39.509,

27         F.S.; providing for great-grandparents

28         visitation rights; amending ss. 39.801 and

29         63.0425, F.S.; providing for a

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

31         61.13, F.S.; providing for great-grandparents


                                  1

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






    CS for SB 288                                  First Engrossed



  1         visitation rights and standing with regard to

  2         evaluating custody arrangements; amending s.

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

  4         great-grandparental visitation rights under ch.

  5         752, F.S.; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 752.011, Florida Statutes, is

10  created to read:

11         752.011  Action by grandparent for right of visitation;

12  when petition shall be granted.--

13         (1)  A grandparent of a minor may petition for

14  visitation with that minor if:

15         (a)  One or both of the parents of the minor are

16  deceased;

17         (b)  The marriage of the parents of the minor has been

18  dissolved, whether or not a dissolution action is pending;

19         (c)  A parent of the minor has deserted the minor;

20         (d)  The minor was born out of wedlock and not later

21  determined to be a minor born within wedlock as provided in s.

22  742.091;

23         (e)  The minor is living with both natural parents who

24  are still married to each other, whether or not there is a

25  broken relationship between either or both parents of the

26  minor and the grandparents, and either or both parents have

27  used their parental authority to prohibit a relationship

28  between the minor and the grandparents; or

29         (f)  A deceased parent of the minor has made a written

30  testamentary statement requesting that there be visitation

31


                                  2

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






    CS for SB 288                                  First Engrossed



  1  between his or her surviving minor child and the grandparent

  2  or grandparents.

  3         (2)  Upon the filing of a petition by a grandparent for

  4  visitation rights, the court shall hold a preliminary hearing

  5  to find whether there is evidence that the minor is suffering

  6  or is threatened with suffering demonstrable significant

  7  mental or emotional harm as a result of a parental decision

  8  not to permit visitation or contact with the grandparent.

  9  Absent such a finding, the court shall dismiss the petition

10  and shall award reasonable attorney's fees and costs to be

11  paid by the petitioner to the respondent.

12         (3)  If the court finds that there is evidence that the

13  minor is suffering or is threatened with suffering

14  demonstrable significant mental or emotional harm as a result

15  of a parental decision not to permit visitation or contact

16  with the grandparent, the court may appoint a guardian ad

17  litem and shall order the matter to family mediation as

18  provided in chapter 44 and Rules 12.740 and 12.741 of the

19  Florida Family Law Rules of Procedure.

20         (4)  If mediation fails to yield a resolution, the

21  court shall order a psychological evaluation of the minor

22  pursuant to Rule 12.363, Fla. Fam. L.R.P., absent the

23  availability of comparable evidence of the findings expected

24  from such an evaluation.

25         (5)  After a hearing on the matter, the court may award

26  reasonable rights of visitation to the grandparent with

27  respect to the minor if the court finds that:

28         (a)  There is clear and convincing evidence that the

29  minor is suffering or is threatened with suffering

30  demonstrable significant mental or emotional harm as a result

31  of a parental decision not to permit visitation or contact


                                  3

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






    CS for SB 288                                  First Engrossed



  1  with the grandparent and that visitation with the grandparent

  2  will alleviate or mitigate the harm; and 

  3         (b)  That the visitation will not materially harm the

  4  parent-child relationship.

  5         (6)  In assessing demonstrable significant mental or

  6  emotional harm as those terms are used in this chapter, the

  7  court shall consider the totality of the circumstances

  8  affecting the mental and emotional well-being of the minor,

  9  including:

10         (a)  The love, affection, and other emotional ties

11  existing between the minor and the grandparent, including

12  those based upon a relationship that has been permitted

13  previously by one or more of the minor's parents.

14         (b)  The length and quality of the prior relationship

15  between the minor and the grandparent, including the extent to

16  which the grandparent has been involved in providing regular

17  care and support of the minor.

18         (c)  Whether the grandparent has established or

19  attempted to establish ongoing personal contact with the

20  minor.

21         (d)  The reasons for which a parent or parents have

22  made a decision to end contact or visitation between the minor

23  and the grandparent which was permitted previously by the

24  parent or parents.

25         (e)  Whether there has been demonstrable significant

26  mental or emotional harm to the minor as the result of

27  disruption in the family unit due to divorce, abandonment by a

28  parent, or disability or death of a parent, sibling, or other

29  household member, for which the minor has derived support and

30  stability from the grandparental relationship and whether the

31


                                  4

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






    CS for SB 288                                  First Engrossed



  1  continuation of that support and stability is likely to

  2  prevent further harm.

  3         (f)  The existence or threat of mental injury to the

  4  minor as defined in s. 39.01.

  5         (g)  When one parent is deceased, whether grandparent

  6  visitation will help maintain or facilitate contact between

  7  the minor and the deceased parent's extended family of origin

  8  such that demonstrable significant mental or emotional harm to

  9  the minor from loss of additional family relationships is

10  mitigated.

11         (h)  The present mental, physical, and emotional needs

12  and health of the minor.

13         (i)  The present mental, physical, and emotional health

14  of the grandparent.

15         (j)  The recommendations of the minor's guardian ad

16  litem.

17         (k)  The results of the psychological evaluation of the

18  minor pursuant to Rule 12.363, Fla. Fam. L.R.P.

19         (l)  The preference of the minor if the minor is

20  determined to be of sufficient maturity to express a

21  preference.

22         (m)  When a parent is deceased, any written

23  testamentary statement by the deceased parent requesting that

24  visitation with the grandparent be granted or stating a belief

25  that such visitation would reduce or mitigate demonstrable

26  significant mental or emotional harm to the minor as a result

27  of the parent's death. The absence of such a testamentary

28  statement may not be construed as evidence that the deceased

29  parent would have objected to the requested visitation.

30         (n)  Such other factors as the court considers

31  necessary in making this determination.


                                  5

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






    CS for SB 288                                  First Engrossed



  1         (7)  In assessing whether granting a petition brought

  2  under this chapter will cause material harm to the

  3  parent-child relationship, the court shall consider the

  4  totality of the circumstances affecting the parent-child

  5  relationship, including:

  6         (a)  Whether there have been previous disputes between

  7  the grandparent and the parents over childrearing or other

  8  matters related to the care and upbringing of the minor;

  9         (b)  Whether visitation would in a material manner

10  interfere with or compromise parental authority;

11         (c)  Whether visitation can be arranged in such a

12  manner as not to materially detract from the parent-child

13  relationship, including the quantity of time available for

14  enjoyment of the parent-child relationship and any other

15  consideration related to disruption of the schedule and

16  routines of the parents' and the minor's home lives;

17         (d)  Whether visitation is being sought for the primary

18  purpose of continuing or establishing a relationship with the

19  minor with the intent that the minor benefit from the

20  relationship;

21         (e)  Whether the requested visitation would expose the

22  minor to conduct, moral standards, experiences, or other

23  factors that are inconsistent with influences provided by the

24  parent;

25         (f)  The nature of the relationship between the parents

26  and the grandparent;

27         (g)  The reasons for which a parent or parents have

28  made a decision to end contact or visitation between the minor

29  and the grandparent which has been permitted previously by

30  that parent or parents;

31


                                  6

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






    CS for SB 288                                  First Engrossed



  1         (h)  The psychological toll of visitation disputes on

  2  the minor in the particular circumstances; and

  3         (i)  Such other factors as the court considers

  4  necessary in making this determination.

  5         (8)  Sections 61.1302-61.1348, the Uniform Child

  6  Custody Jurisdiction Act, apply to actions brought under this

  7  chapter.

  8         (9)  If separate actions under this section and s.

  9  61.13 are pending concurrently, courts are strongly encouraged

10  to consolidate the actions in order to minimize the burden of

11  litigation of visitation rights on the minor and the parties.

12         (10)  An order of grandparent visitation may be

13  modified upon a showing of substantial change in circumstances

14  or a showing that visitation is causing material harm to the

15  parent-child relationship.

16         (11)  An original action requesting visitation rights

17  under this chapter may be filed by any grandparent only once

18  during any 2-year period, except on good cause shown that the

19  minor is suffering or threatened with suffering demonstrable

20  significant mental or emotional harm caused by a parental

21  decision to deny or limit contact or visitation between a

22  minor and grandparent, which was not known to the grandparent

23  at the time of filing an earlier action.

24         (12)  This section does not provide for grandparental

25  visitation rights for minors placed for adoption under chapter

26  63 except as provided in s. 752.07 with respect to adoption by

27  a stepparent.

28         (13)  Section 57.105 applies to actions brought under

29  this chapter.

30         Section 2.  Section 752.01, Florida Statutes, is

31  repealed.


                                  7

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






    CS for SB 288                                  First Engrossed



  1         Section 3.  Subsection (2) of section 61.13, Florida

  2  Statutes, is amended to read:

  3         61.13  Custody and support of children; visitation

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

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

  6  custody, notwithstanding that the child is not physically

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

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

  9  was removed from this state for the primary purpose of

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

11  attempt to avoid a determination or modification of custody.

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

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

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

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

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

17  frequent and continuing contact with both parents after the

18  parents separate or the marriage of the parties is dissolved

19  and to encourage parents to share the rights and

20  responsibilities, and joys, of childrearing. After considering

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

22  same consideration as the mother in determining the primary

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

24  child.

25         2.  The court shall order that the parental

26  responsibility for a minor child be shared by both parents

27  unless the court finds that shared parental responsibility

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

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

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

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


                                  8

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






    CS for SB 288                                  First Engrossed



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

  2  presumption is not rebutted, shared parental responsibility,

  3  including visitation, residence of the child, and decisions

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

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

  6  obligation to provide financial support. If the court

  7  determines that shared parental responsibility would be

  8  detrimental to the child, it may order sole parental

  9  responsibility and make such arrangements for visitation as

10  will best protect the child or abused spouse from further

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

12  domestic violence or child abuse or the existence of an

13  injunction for protection against domestic violence, the court

14  shall consider evidence of domestic violence or child abuse as

15  evidence of detriment to the child.

16         a.  In ordering shared parental responsibility, the

17  court may consider the expressed desires of the parents and

18  may grant to one party the ultimate responsibility over

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

20  responsibilities between the parties based on the best

21  interests of the child. Areas of responsibility may include

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

23  other responsibilities that the court finds unique to a

24  particular family.

25         b.  The court shall order "sole parental

26  responsibility, with or without visitation rights, to the

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

28  child.

29         c.  The court may award the grandparents visitation

30  rights with a minor child pursuant to the criteria set forth

31  in s. 752.011 if it is in the child's best interest.


                                  9

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






    CS for SB 288                                  First Engrossed



  1  Grandparents have legal standing to seek judicial enforcement

  2  of such an award. This section does not require that

  3  grandparents be made parties or given notice of dissolution

  4  pleadings or proceedings, nor do grandparents have legal

  5  standing as "contestants" as defined in s. 61.1306. However,

  6  if separate actions under this section and s. 752.011 are

  7  pending concurrently, courts are strongly encouraged to

  8  consolidate the actions in order to minimize the burden of

  9  litigation of visitation rights on the child. A court may not

10  order that a child be kept within the state or jurisdiction of

11  the court solely for the purpose of permitting visitation by

12  the grandparents.

13         3.  Access to records and information pertaining to a

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

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

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

17         (c)  The circuit court in the county in which either

18  parent and the child reside or the circuit court in which the

19  original award of custody was entered have jurisdiction to

20  modify an award of child custody. The court may change the

21  venue in accordance with s. 47.122.

22         (d)  No presumption shall arise in favor of or against

23  a request to relocate when a primary residential parent seeks

24  to move the child and the move will materially affect the

25  current schedule of contact and access with the secondary

26  residential parent.  In making a determination as to whether

27  the primary residential parent may relocate with a child, the

28  court must consider the following factors:

29         1.  Whether the move would be likely to improve the

30  general quality of life for both the residential parent and

31  the child.


                                  10

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






    CS for SB 288                                  First Engrossed



  1         2.  The extent to which visitation rights have been

  2  allowed and exercised.

  3         3.  Whether the primary residential parent, once out of

  4  the jurisdiction, will be likely to comply with any substitute

  5  visitation arrangements.

  6         4.  Whether the substitute visitation will be adequate

  7  to foster a continuing meaningful relationship between the

  8  child and the secondary residential parent.

  9         5.  Whether the cost of transportation is financially

10  affordable by one or both parties.

11         6.  Whether the move is in the best interests of the

12  child.

13         Section 4.  Section 752.015, Florida Statutes, is

14  amended to read:

15         752.015  Mediation of visitation disputes.--It shall be

16  the public policy of this state that families resolve

17  differences over grandparent visitation within the family. It

18  shall be the further public policy of this state that when

19  families are unable to resolve differences relating to

20  grandparent visitation that the family participate in any

21  formal or informal mediation services that may be available.

22  When families are unable to resolve differences relating to

23  grandparent visitation and a petition is filed pursuant to s.

24  752.011 752.01, the court shall, if such services are

25  available in the circuit, refer the case to family mediation

26  in accordance with rules promulgated by the Supreme Court.

27         Section 5.  Section 752.07, Florida Statutes, is

28  amended to read:

29         752.07  Effect of adoption of child by stepparent on

30  right of visitation; when right may be terminated.--When there

31  is a remarriage of one of the natural parents of a minor child


                                  11

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






    CS for SB 288                                  First Engrossed



  1  for whom visitation rights may be or may have been granted to

  2  a grandparent pursuant to s. 752.011 752.01, any subsequent

  3  adoption by the stepparent will not terminate any

  4  grandparental rights. However, the court may determine that

  5  termination of such visitation rights should be terminated

  6  based upon the standards for granting such visitation which

  7  are set forth in s. 752.011 is in the best interest of the

  8  child and rule accordingly, after affording the grandparent an

  9  opportunity to be heard.

10         Section 6.  Subsections (47) and (51) of section 39.01,

11  Florida Statutes, are amended to read:

12         39.01  Definitions.--When used in this chapter, unless

13  the context otherwise requires:

14         (47)  "Next of kin" means an adult relative of a child

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

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

17         (51)  "Participant," for purposes of a shelter

18  proceeding, dependency proceeding, or termination of parental

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

20  should receive notice of hearings involving the child,

21  including foster parents or the legal custodian of the child,

22  identified prospective parents, grandparents or

23  great-grandparents entitled to priority for adoption

24  consideration under s. 63.0425, actual custodians of the

25  child, and any other person whose participation may be in the

26  best interest of the child. A community-based agency under

27  contract with the department to provide protective services

28  may be designated as a participant at the discretion of the

29  court. Participants may be granted leave by the court to be

30  heard without the necessity of filing a motion to intervene.

31


                                  12

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






    CS for SB 288                                  First Engrossed



  1         Section 7.  Section 39.509, Florida Statutes, is

  2  amended to read:

  3         39.509  Grandparents and great-grandparents

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

  5  maternal or paternal grandparent or great-grandparent as well

  6  as a stepgrandparent or step-great-grandparent is entitled to

  7  reasonable visitation with his or her grandchild or

  8  great-grandchild who has been adjudicated a dependent child

  9  and taken from the physical custody of the parent unless the

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

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

12  goals of the case plan. Reasonable visitation may be

13  unsupervised and, where appropriate and feasible, may be

14  frequent and continuing.

15         (1)  Grandparent or great-grandparent visitation may

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

17  unless there is a compelling reason for denying such a

18  visitation. The department's caseworker shall arrange the

19  visitation to which a grandparent or great-grandparent is

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

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

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

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

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

25  The caseworker shall document the reasons for any decision to

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

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

28  visitation pursuant to this section shall not be restricted

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

30  appropriately hugging or kissing his or her grandchild or

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


                                  13

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






    CS for SB 288                                  First Engrossed



  1  grandparent or great-grandparent and other family members

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

  3  dependent child.

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

  5  to facilitate a meeting between the child who has been

  6  adjudicated a dependent child and the child's parent or legal

  7  custodian, or any other person in violation of a court order

  8  shall automatically terminate future visitation rights of the

  9  grandparent or great-grandparent.

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

11  custody of his or her parent, the visitation rights granted

12  pursuant to this section shall terminate.

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

14  the rights of grandparents or great-grandparents unless the

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

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

17  goals of permanency planning for the child.

18         (6)  In determining whether grandparental or

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

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

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

22  contendere to charges under the following statutes, or similar

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

24  removing minors from the state or concealing minors contrary

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

26  798.02, relating to lewd and lascivious behavior; chapter 800,

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

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

29  given to a report of abuse, abandonment, or neglect under ss.

30  415.101-415.113 or this chapter and the outcome of the

31  investigation concerning such report.


                                  14

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






    CS for SB 288                                  First Engrossed



  1         Section 8.  Paragraph (a) of subsection (3) of section

  2  39.801, Florida Statutes, is amended to read:

  3         39.801  Procedures and jurisdiction; notice; service of

  4  process.--

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

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

  7  following requirements must be met:

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

  9  advisory hearing for the petition to terminate parental rights

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

11  following persons, specifically notifying them that a petition

12  has been filed:

13         1.  The parents of the child.

14         2.  The legal custodians of the child.

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

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

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

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

19         5.  Any grandparent or great-grandparent entitled to

20  priority for adoption under s. 63.0425.

21         6.  Any prospective parent who has been identified

22  under s. 39.503 or s. 39.803.

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

24  representative of the guardian ad litem program, if the

25  program has been appointed.

26

27  The document containing the notice to respond or appear must

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

29  of the document, the following or substantially similar

30  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

31  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL


                                  15

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






    CS for SB 288                                  First Engrossed



  1  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

  2  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

  3  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

  4  ATTACHED TO THIS NOTICE."

  5         Section 9.  Paragraph (b) of subsection (2), paragraphs

  6  (c) and (d) of subsection (4) and subsections (6) and (7) of

  7  section 61.13, Florida Statutes, are amended to read:

  8         61.13  Custody and support of children; visitation

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

10         (2)

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

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

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

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

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

16  frequent and continuing contact with both parents after the

17  parents separate or the marriage of the parties is dissolved

18  and to encourage parents to share the rights and

19  responsibilities, and joys, of childrearing. After considering

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

21  same consideration as the mother in determining the primary

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

23  child.

24         2.  The court shall order that the parental

25  responsibility for a minor child be shared by both parents

26  unless the court finds that shared parental responsibility

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

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

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

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

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


                                  16

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






    CS for SB 288                                  First Engrossed



  1  presumption is not rebutted, shared parental responsibility,

  2  including visitation, residence of the child, and decisions

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

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

  5  obligation to provide financial support. If the court

  6  determines that shared parental responsibility would be

  7  detrimental to the child, it may order sole parental

  8  responsibility and make such arrangements for visitation as

  9  will best protect the child or abused spouse from further

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

11  domestic violence or child abuse or the existence of an

12  injunction for protection against domestic violence, the court

13  shall consider evidence of domestic violence or child abuse as

14  evidence of detriment to the child.

15         a.  In ordering shared parental responsibility, the

16  court may consider the expressed desires of the parents and

17  may grant to one party the ultimate responsibility over

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

19  responsibilities between the parties based on the best

20  interests of the child. Areas of responsibility may include

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

22  other responsibilities that the court finds unique to a

23  particular family.

24         b.  The court shall order "sole parental

25  responsibility, with or without visitation rights, to the

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

27  child.

28         c.  The court may award the grandparents and

29  great-grandparents visitation rights with a minor child if it

30  is in the child's best interest. Grandparents and

31  great-grandparents have legal standing to seek judicial


                                  17

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






    CS for SB 288                                  First Engrossed



  1  enforcement of such an award. This section does not require

  2  that grandparents or great-grandparents be made parties or

  3  given notice of dissolution pleadings or proceedings, nor do

  4  grandparents or great-grandparents have legal standing as

  5  "contestants" as defined in s. 61.1306. A court may not order

  6  that a child be kept within the state or jurisdiction of the

  7  court solely for the purpose of permitting visitation by the

  8  grandparents or great-grandparents.

  9         3.  Access to records and information pertaining to a

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

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

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

13         (4)

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

15  noncustodial parent's, or grandparent's, or

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

17  the court shall, after calculating the amount of visitation

18  improperly denied, award the noncustodial parent, or

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

20  visitation to compensate the noncustodial parent, or

21  grandparent, or great-grandparent which visitation shall be

22  ordered as expeditiously as possible in a manner consistent

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

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

25  ordering any makeup visitation, the court shall schedule such

26  visitation in a manner that is consistent with the best

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

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

29  In addition, the court:

30         1.  May order the custodial parent to pay reasonable

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


                                  18

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






    CS for SB 288                                  First Engrossed



  1  parent or grandparent to enforce their visitation rights or

  2  make up improperly denied visitation;

  3         2.  May order the custodial parent to attend the

  4  parenting course approved by the judicial circuit;

  5         3.  May order the custodial parent to do community

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

  7  the child;

  8         4.  May order the custodial parent to have the

  9  financial burden of promoting frequent and continuing contact

10  when the custodial parent and child reside further than 60

11  miles from the noncustodial parent;

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

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

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

15  the child; or

16         6.  May impose any other reasonable sanction as a

17  result of noncompliance.

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

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

20  deems appropriate.

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

22  may not deny shared parental responsibility, custody, or

23  visitation rights to a parent, or grandparent, or

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

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

26  human immunodeficiency virus; but the court may condition such

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

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

29  the Centers for Disease Control and Prevention of the United

30  States Public Health Service or by the Department of Health

31


                                  19

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






    CS for SB 288                                  First Engrossed



  1  for preventing the spread of human immunodeficiency virus to

  2  the child.

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

  4  with a grandparent or great-grandparent in a stable

  5  relationship, whether the court has awarded custody to the

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

  7  recognize the grandparents or great-grandparents as having the

  8  same standing as parents for evaluating what custody

  9  arrangements are in the best interest of the child.

10         Section 10.  Subsection (1) of section 63.0425, Florida

11  Statutes, is amended to read:

12         63.0425  Grandparent's or great-grandparent's right to

13  adopt.--

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

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

16  adoption, the agency or intermediary handling the adoption

17  shall notify that grandparent or great-grandparent of the

18  impending adoption before the petition for adoption is filed.

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

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

21  adoption to that grandparent or great-grandparent.

22         Section 11.  Subsection (2) of section 63.172, Florida

23  Statutes, is amended to read:

24         63.172  Effect of judgment of adoption.--

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

26  relationship of parent and child having been previously

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

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

29  right of inheritance from or through the deceased parent is

30  unaffected by the adoption and, unless the court orders

31  otherwise, the adoption will not terminate any grandparental


                                  20

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






    CS for SB 288                                  First Engrossed



  1  or great-grandparental rights delineated under chapter 752.

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

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

  4  great-grandparent, aunt, or uncle.

  5         Section 12.  This act shall take effect July 1, 2000.

  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


                                  21