Senate Bill 0976

    Florida Senate - 2000        (NP)                       SB 976

    By Senator McKay





    rb2000-6

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 447.203 and 752.01, F.S., to

  4         conform to judicial decisions holding parts of

  5         said provisions unconstitutional.

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

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  9         Section 1.  Paragraph (j) of subsection (3) of section

10  447.203, Florida Statutes, is amended to read:

11         447.203  Definitions.--As used in this part:

12         (3)  "Public employee" means any person employed by a

13  public employer except:

14         (j)  Those persons who by virtue of their positions of

15  employment are regulated by the Florida Supreme Court pursuant

16  to s. 15, Art. V of the State Constitution.

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18         Reviser's note.--The Florida Supreme Court in

19         Chiles v. State Employees Attorneys Guild, 734

20         So. 2d 1030 (Fla. 1999), held s. 447.203(3)(j)

21         unconstitutional under s. 6, Art. I of the

22         Florida Constitution as the state failed to

23         prove the requisite necessity for a wholesale

24         ban on collective bargaining by government

25         lawyers.

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27         Section 2.  Subsection (1) of section 752.01, Florida

28  Statutes, is amended to read:

29         752.01  Action by grandparent for right of visitation;

30  when petition shall be granted.--

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






    Florida Senate - 2000        (NP)                       SB 976
    rb2000-6




  1         (1)  The court shall, upon petition filed by a

  2  grandparent of a minor child, award reasonable rights of

  3  visitation to the grandparent with respect to the child when

  4  it is in the best interest of the minor child if:

  5         (a)  One or both parents of the child are deceased;

  6         (a) (b)  The marriage of the parents of the child has

  7  been dissolved;

  8         (b) (c)  A parent of the child has deserted the child;

  9         (c) (d)  The minor child was born out of wedlock and

10  not later determined to be a child born within wedlock as

11  provided in s. 742.091; or

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

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

14  broken relationship between either or both parents of the

15  minor child and the grandparents, and either or both parents

16  have used their parental authority to prohibit a relationship

17  between the minor child and the grandparents.

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19         Reviser's note.--The Florida Supreme Court in

20         Von Eiff v. Azicri, 720 So. 2d 510 (Fla. 1998),

21         held s. 752.01(1)(a) facially unconstitutional

22         as it impermissibly infringes on privacy rights

23         protected by s. 23, Art. I of the Florida

24         Constitution. The Florida Supreme Court in

25         Beagle v. Beagle, 678 So. 2d 1271 (Fla. 1996),

26         held s. 752.01(1)(e) facially unconstitutional

27         as it constitutes impermissible state

28         interference with parental rights protected by

29         either s. 23, Art. I of the Florida

30         Constitution or the due process clause of the

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






    Florida Senate - 2000        (NP)                       SB 976
    rb2000-6




  1         Fourteenth Amendment to the United States

  2         Constitution.

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