Senate Bill sb0524

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    Florida Senate - 2002                                   SB 524

    By Senator Campbell





    33-316-02

  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 visitation for grandparents and

  5         great-grandparents under certain circumstances;

  6         providing for appointment of a guardian ad

  7         litem and family mediation if the court makes a

  8         preliminary finding that the minor is

  9         threatened with demonstrable significant mental

10         or emotional harm without such visitation;

11         requiring court-ordered evaluation of the child

12         if mediation fails; providing for a hearing to

13         determine whether the minor is threatened with

14         demonstrable significant mental or emotional

15         harm; providing criteria for such a

16         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;

20         encouraging consolidation of actions under ss.

21         61.13, 752.011, F.S.; amending ss. 752.015,

22         752.07, F.S., to conform cross-references;

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

24         to great-grandparents in definitions relating

25         to dependent children; amending s. 39.509,

26         F.S.; providing for great-grandparents'

27         visitation rights; amending ss. 39.801,

28         63.0425, F.S.; providing for a

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

30         61.13, F.S.; providing for great-grandparents'

31         visitation rights and standing with regard to

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  1         evaluating custody arrangements; conforming

  2         this section to provisions of this act;

  3         amending s. 63.172, F.S.; conforming references

  4         relating to great-grandparental visitation

  5         rights under ch. 752, F.S.; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Section 752.011, Florida Statutes, is

11  created to read:

12         752.011  Action by grandparent or great-grandparent for

13  right of visitation; when petition shall be granted.--

14         (1)  A grandparent or great-grandparent of a minor may

15  petition for visitation with that minor if:

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

17  deceased;

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

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

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

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

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

23  742.091;

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

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

26  broken relationship between either or both parents of the

27  minor and the grandparents or great-grandparents, and either

28  or both parents have used their parental authority to prohibit

29  a relationship between the minor and the grandparents or

30  great-grandparents; or

31

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

  2  testamentary statement requesting that there be visitation

  3  between his or her surviving minor child and the grandparent

  4  or great-grandparent.

  5         (2)  Upon the filing of a petition by a grandparent or

  6  great-grandparent for visitation rights, the court shall hold

  7  a preliminary hearing to find whether there is evidence that

  8  the minor is suffering or is threatened with suffering

  9  demonstrable significant mental or emotional harm as a result

10  of a parental decision not to permit visitation or contact

11  with the grandparent or great-grandparent. Absent such a

12  finding, the court shall dismiss the petition and shall award

13  reasonable attorney's fees and costs to be paid by the

14  petitioner to the respondent.

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

16  minor is suffering or is threatened with suffering

17  demonstrable significant mental or emotional harm as a result

18  of a parental decision not to permit visitation or contact

19  with the grandparent or great-grandparent, the court may

20  appoint a guardian ad litem and shall order the matter to

21  family mediation as provided in chapter 44 and Rules 12.740

22  and 12.741 of the Florida Family Law Rules of Procedure.

23         (4)  When mediation fails to yield a resolution, the

24  court shall order a psychological evaluation of the minor

25  pursuant to Rule 12.363, Fla. Fam. L.R.P., if comparable

26  evidence of the findings expected from such an evaluation is

27  unavailable.

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

29  reasonable rights of visitation to the grandparent or

30  great-grandparent with respect to the minor if the court finds

31  that:

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

  2  minor is suffering or is threatened with suffering

  3  demonstrable significant mental or emotional harm as a result

  4  of a parental decision not to permit visitation or contact

  5  with the grandparent or great-grandparent and that visitation

  6  with the grandparent or great-grandparent will alleviate or

  7  mitigate the harm; and 

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

  9  parent-child relationship.

10         (6)  In assessing demonstrable significant mental or

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

12  court shall consider the totality of the circumstances

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

14  including:

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

16  existing between the minor and the grandparent or

17  great-grandparent, including those based upon a relationship

18  that has been permitted previously by one or more of the

19  minor's parents.

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

21  between the minor and the grandparent or great-grandparent,

22  including the extent to which the grandparent or

23  great-grandparent has been involved in providing regular care

24  and support of the minor.

25         (c)  Whether the grandparent or great-grandparent has

26  established or attempted to establish ongoing personal contact

27  with the minor.

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

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

30  and the grandparent or great-grandparent which was permitted

31  previously by the parent or parents.

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  1         (e)  Whether there has been demonstrable significant

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

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

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

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

  6  stability from the relationship with the grandparent or

  7  great-grandparent, and whether the continuation of that

  8  support and stability is likely to prevent further harm.

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

10  minor as defined in s. 39.01.

11         (g)  When one parent is deceased, whether visitation

12  with the grandparent or great-grandparent will help maintain

13  or facilitate contact between the minor and the deceased

14  parent's extended family of origin such that demonstrable

15  significant mental or emotional harm to the minor from loss of

16  additional family relationships is mitigated.

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

18  and health of the minor.

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

20  of the grandparent or great-grandparent.

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

22  litem.

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

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

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

26  determined to be of sufficient maturity to express a

27  preference.

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

29  testamentary statement by the deceased parent requesting that

30  visitation with the grandparent or great-grandparent be

31  granted or stating a belief that such visitation would reduce

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  1  or mitigate demonstrable significant mental or emotional harm

  2  to the minor as a result of the parent's death. The absence of

  3  such a testamentary statement may not be construed as evidence

  4  that the deceased parent would have objected to the requested

  5  visitation.

  6         (n)  Such other factors as the court considers

  7  necessary in making this determination.

  8         (7)  In assessing whether granting a petition brought

  9  under this chapter will cause material harm to the

10  parent-child relationship, the court shall consider the

11  totality of the circumstances affecting the parent-child

12  relationship, including:

13         (a)  Whether there have been previous disputes between

14  the parents and the grandparent or great-grandparent over

15  childrearing or other matters related to the care and

16  upbringing of the minor;

17         (b)  Whether visitation would materially interfere with

18  or compromise parental authority;

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

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

21  relationship, including the quantity of time available for

22  enjoyment of the parent-child relationship and any other

23  consideration related to disruption of the schedule and

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

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

26  purpose of continuing or establishing a relationship with the

27  minor with the intent that the minor benefit from the

28  relationship;

29         (e)  Whether the requested visitation would expose the

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

31

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  1  factors that are inconsistent with influences provided by the

  2  parent;

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

  4  and the grandparent or great-grandparent;

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

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

  7  and the grandparent or great-grandparent which has been

  8  permitted previously by that parent or parents;

  9         (h)  The psychological toll of visitation disputes on

10  the minor in the particular circumstances; and

11         (i)  Such other factors as the court considers

12  necessary in making this determination.

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

14  Custody Jurisdiction Act, apply to actions brought under this

15  chapter.

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

17  61.13 are pending concurrently, courts are strongly encouraged

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

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

20         (10)  An order of grandparent visitation or

21  great-grandparent visitation may be modified upon a showing of

22  substantial change in circumstances or a showing that

23  visitation is causing material harm to the parent-child

24  relationship.

25         (11)  An original action requesting visitation rights

26  under this chapter may be filed by any grandparent or

27  great-grandparent only once during any 2-year period, except

28  on good cause shown that the minor is suffering or threatened

29  with suffering demonstrable significant mental or emotional

30  harm caused by a parental decision to deny or limit contact or

31  visitation between a minor and grandparent or

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  1  great-grandparent, which was not known to the grandparent or

  2  great-grandparent at the time of filing an earlier action.

  3         (12)  This section does not provide for visitation

  4  rights for grandparents or great-grandparents of minors placed

  5  for adoption under chapter 63 except as provided in s. 752.07

  6  with respect to adoption by a stepparent.

  7         (13)  Section 57.105 applies to actions brought under

  8  this chapter.

  9         Section 2.  Section 752.01, Florida Statutes, is

10  repealed.

11         Section 3.  Section 752.015, Florida Statutes, is

12  amended to read:

13         752.015  Mediation of visitation disputes.--It shall be

14  the public policy of this state that families resolve

15  differences over grandparent visitation within the family. It

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

17  families are unable to resolve differences relating to

18  grandparent visitation that the family participate in any

19  formal or informal mediation services that may be available.

20  When families are unable to resolve differences relating to

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

22  752.011 s. 752.01, the court shall, if such services are

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

24  in accordance with rules promulgated by the Supreme Court.

25         Section 4.  Section 752.07, Florida Statutes, is

26  amended to read:

27         752.07  Effect of adoption of child by stepparent on

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

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

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

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

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  1  adoption by the stepparent will not terminate any

  2  grandparental rights. However, the court may determine that

  3  termination of such visitation rights should be terminated

  4  based upon the standards for granting such visitation which

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

  6  child and rule accordingly, after affording the grandparent an

  7  opportunity to be heard.

  8         Section 5.  Subsections (46) and (50) of section 39.01,

  9  Florida Statutes, are amended to read:

10         39.01  Definitions.--When used in this chapter, unless

11  the context otherwise requires:

12         (1)  "Abandoned" means a situation in which the parent

13  or

14         (46)  "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         (50)  "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.

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  1         Section 6.  Section 39.509, Florida Statutes, is

  2  amended to read:

  3         39.509  Grandparents' and great-grandparents'

  4  Grandparents rights.--Notwithstanding any other provision of

  5  law, a maternal or paternal grandparent or great-grandparent

  6  as well as a stepgrandparent or step-great-grandparent is

  7  entitled to reasonable visitation with his or her grandchild

  8  or 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

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  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.

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  1         Section 7.  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

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  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 8.  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

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  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 or

29  great-grandparents visitation rights with a minor child

30  pursuant to the criteria set forth in s. 752.011 if it is in

31  the child's best interest. Grandparents or great-grandparents

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  1  have legal standing to seek judicial enforcement of such an

  2  award. This section does not require that grandparents or

  3  great-grandparents be made parties to or given notice of

  4  dissolution pleadings or proceedings, nor do grandparents or

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

  6  defined in s. 61.1306. However, if separate actions under this

  7  section and s. 752.011 are pending concurrently, courts are

  8  strongly encouraged to consolidate the actions in order to

  9  minimize the burden of litigation of visitation rights on the

10  child. A court may not order that a child be kept within the

11  state or jurisdiction of the court solely for the purpose of

12  permitting visitation by the grandparents or

13  great-grandparents.

14         3.  Access to records and information pertaining to a

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

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

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

18         (4)

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

20  noncustodial parent's, or grandparent's, or

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

22  the court shall, after calculating the amount of visitation

23  improperly denied, award the noncustodial parent, or

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

25  visitation to compensate the noncustodial parent, or

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

27  ordered as expeditiously as possible in a manner consistent

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

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

30  ordering any makeup visitation, the court shall schedule such

31  visitation in a manner that is consistent with the best

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

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

  3  In addition, the court:

  4         1.  May order the custodial parent to pay reasonable

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

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

  7  visitation rights or make up improperly denied visitation;

  8         2.  May order the custodial parent to attend the

  9  parenting course approved by the judicial circuit;

10         3.  May order the custodial parent to do community

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

12  the child;

13         4.  May order the custodial parent to have the

14  financial burden of promoting frequent and continuing contact

15  when the custodial parent and child reside further than 60

16  miles from the noncustodial parent;

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

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

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

20  the child; or

21         6.  May impose any other reasonable sanction as a

22  result of noncompliance.

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

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

25  deems appropriate.

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

27  may not deny shared parental responsibility, custody, or

28  visitation rights to a parent, or grandparent, or

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

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

31  human immunodeficiency virus; but the court may condition such

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

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

  3  the Centers for Disease Control and Prevention of the United

  4  States Public Health Service or by the Department of Health

  5  for preventing the spread of human immunodeficiency virus to

  6  the child.

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

  8  with a grandparent or great-grandparent in a stable

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

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

11  recognize the grandparent or great-grandparent grandparents as

12  having the same standing as parents for evaluating what

13  custody arrangements are in the best interest of the child.

14         Section 9.  Subsection (1) of section 63.0425, Florida

15  Statutes, is amended to read:

16         63.0425  Grandparent's or great-grandparent's right to

17  adopt.--

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

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

20  adoption, the adoption entity handling the adoption shall

21  notify that grandparent or great-grandparent of the impending

22  adoption before the petition for adoption is filed. If the

23  grandparent or great-grandparent petitions the court to adopt

24  the child, the court shall give first priority for adoption to

25  that grandparent or great-grandparent.

26         (2)  This section does shall not apply if the placement

27  for adoption is a result of the death of the child's parent

28  and a different preference is stated in the parent's will.

29         (3)  This section does shall not apply in stepparent

30  adoptions.

31

                                  17

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    Florida Senate - 2002                                   SB 524
    33-316-02




  1         (4)  Nothing in This section does not shall contravene

  2  the provisions of s. 63.142(4).

  3         Section 10.  Subsection (2) of section 63.172, Florida

  4  Statutes, is amended to read:

  5         63.172  Effect of judgment of adoption.--

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

  7  relationship of parent and child having been previously

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

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

10  right of inheritance from or through the deceased parent is

11  unaffected by the adoption and, unless the court orders

12  otherwise, the adoption will not terminate any grandparental

13  or great-grandparental rights delineated under chapter 752.

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

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

16  great-grandparent, aunt, or uncle.

17         Section 11.  This act shall take effect July 1, 2002.

18

19            *****************************************

20                          SENATE SUMMARY

21    Provides for court-ordered visitation by grandparents or
      great-grandparents in certain circumstances. Provides for
22    appointment of a guardian ad litem and for family
      mediation if the court makes a preliminary finding that
23    the minor is threatened with demonstrable significant
      mental or emotional harm in the absence of such
24    visitation. Requires court-ordered evaluation of the
      child if mediation fails. Provides for a hearing to
25    determine whether the minor is threatened with
      demonstrable significant mental or emotional harm.
26    Provides criteria for such a determination. Provides for
      awarding attorney's fees and costs. Applies the Uniform
27    Child Custody Jurisdiction Act. Encourages consolidation
      of legal actions under ss. 61.13 and 752.011, F.S.
28    Includes references to great-grandparents in definitions
      relating to dependent children. Provides for
29    great-grandparents' visitation rights. Provides for a
      great-grandparent's right to adopt. Provides for
30    great-grandparents' visitation rights and standing with
      regard to evaluating custody arrangements. Conforms
31    cross-references to changes made by the act.

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