HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Judicial Oversight offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 752.011, Florida Statutes, is
18 created to read:
19 752.011 Action by grandparent or great-grandparent for
20 right of visitation; when petition shall be granted.--
21 (1) A grandparent or great-grandparent of a minor may
22 petition for visitation with that minor if:
23 (a) One or both of the parents of the minor are
24 deceased;
25 (b) The marriage of the parents of the minor has been
26 dissolved, whether or not a dissolution action is pending;
27 (c) A parent of the minor has deserted the minor;
28 (d) The minor was born out of wedlock and not later
29 determined to be a minor born within wedlock as provided in s.
30 742.091;
31 (e) The minor is living with both natural parents who
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 are still married to each other, whether or not there is a
2 broken relationship between either or both parents of the
3 minor and the grandparents or great-grandparents, and either
4 or both parents have used their parental authority to prohibit
5 a relationship between the minor and the grandparents or
6 great-grandparents; or
7 (f) A deceased parent of the minor has made a written
8 testamentary statement requesting that there be visitation
9 between his or her surviving minor child and the grandparent
10 or great-grandparent.
11 (2) Upon the filing of a petition by a grandparent or
12 great-grandparent for visitation rights, the court shall hold
13 a preliminary hearing to find whether there is evidence that
14 the minor is suffering or is threatened with suffering
15 demonstrable significant mental or emotional harm as a result
16 of a parental decision not to permit visitation or contact
17 with the grandparent or great-grandparent. Absent such a
18 finding, the court shall dismiss the petition and shall award
19 reasonable attorney's fees and costs to be paid by the
20 petitioner to the respondent.
21 (3) If the court finds that there is evidence that the
22 minor is suffering or is threatened with suffering
23 demonstrable significant mental or emotional harm as a result
24 of a parental decision not to permit visitation or contact
25 with the grandparent or great-grandparent, the court may
26 appoint a guardian ad litem and shall order the matter to
27 family mediation as provided in chapter 44 and Rules 12.740
28 and 12.741 of the Florida Family Law Rules of Procedure.
29 (4) When mediation fails to yield a resolution, the
30 court shall order a psychological evaluation of the minor
31 pursuant to Rule 12.363, Fla. Fam. L.R.P., if comparable
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 evidence of the findings expected from such an evaluation is
2 unavailable.
3 (5) After a hearing on the matter, the court may award
4 reasonable rights of visitation to the grandparent or
5 great-grandparent with respect to the minor if the court finds
6 that:
7 (a) There is clear and convincing evidence that the
8 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 and that visitation
12 with the grandparent or great-grandparent will alleviate or
13 mitigate the harm; and
14 (b) The visitation will not materially harm the
15 parent-child relationship.
16 (6) In assessing demonstrable significant mental or
17 emotional harm as those terms are used in this chapter, the
18 court shall consider the totality of the circumstances
19 affecting the mental and emotional well-being of the minor,
20 including:
21 (a) The love, affection, and other emotional ties
22 existing between the minor and the grandparent or
23 great-grandparent, including those based upon a relationship
24 that has been permitted previously by one or more of the
25 minor's parents.
26 (b) The length and quality of the prior relationship
27 between the minor and the grandparent or great-grandparent,
28 including the extent to which the grandparent or
29 great-grandparent has been involved in providing regular care
30 and support of the minor.
31 (c) Whether the grandparent or great-grandparent has
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1 established or attempted to establish ongoing personal contact
2 with the minor.
3 (d) The reasons for which a parent or parents have
4 made a decision to end contact or visitation between the minor
5 and the grandparent or great-grandparent which was permitted
6 previously by the parent or parents.
7 (e) Whether there has been demonstrable significant
8 mental or emotional harm to the minor as the result of
9 disruption in the family unit due to divorce, abandonment by a
10 parent, or disability or death of a parent, sibling, or other
11 household member, for which the minor has derived support and
12 stability from the relationship with the grandparent or
13 great-grandparent, and whether the continuation of that
14 support and stability is likely to prevent further harm.
15 (f) The existence or threat of mental injury to the
16 minor as defined in s. 39.01.
17 (g) When one parent is deceased, whether visitation
18 with the grandparent or great-grandparent will help maintain
19 or facilitate contact between the minor and the deceased
20 parent's extended family of origin such that demonstrable
21 significant mental or emotional harm to the minor from loss of
22 additional family relationships is mitigated.
23 (h) The present mental, physical, and emotional needs
24 and health of the minor.
25 (i) The present mental, physical, and emotional health
26 of the grandparent or great-grandparent.
27 (j) The recommendations of the minor's guardian ad
28 litem.
29 (k) The results of the psychological evaluation of the
30 minor pursuant to Rule 12.363, Fla. Fam. L.R.P.
31 (l) The preference of the minor if the minor is
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1 determined to be of sufficient maturity to express a
2 preference.
3 (m) When a parent is deceased, any written
4 testamentary statement by the deceased parent requesting that
5 visitation with the grandparent or great-grandparent be
6 granted or stating a belief that such visitation would reduce
7 or mitigate demonstrable significant mental or emotional harm
8 to the minor as a result of the parent's death. The absence of
9 such a testamentary statement may not be construed as evidence
10 that the deceased parent would have objected to the requested
11 visitation.
12 (n) Such other factors as the court considers
13 necessary in making this determination.
14 (7) In assessing whether granting a petition brought
15 under this chapter will cause material harm to the
16 parent-child relationship, the court shall consider the
17 totality of the circumstances affecting the parent-child
18 relationship, including:
19 (a) Whether there have been previous disputes between
20 the parents and the grandparent or great-grandparent over
21 childrearing or other matters related to the care and
22 upbringing of the minor;
23 (b) Whether visitation would materially interfere with
24 or compromise parental authority;
25 (c) Whether visitation can be arranged in such a
26 manner as not to materially detract from the parent-child
27 relationship, including the quantity of time available for
28 enjoyment of the parent-child relationship and any other
29 consideration related to disruption of the schedule and
30 routines of the parents' and the minor's home lives;
31 (d) Whether visitation is being sought for the primary
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1 purpose of continuing or establishing a relationship with the
2 minor with the intent that the minor benefit from the
3 relationship;
4 (e) Whether the requested visitation would expose the
5 minor to conduct, moral standards, experiences, or other
6 factors that are inconsistent with influences provided by the
7 parent;
8 (f) The nature of the relationship between the parents
9 and the grandparent or great-grandparent;
10 (g) The reasons for which a parent or parents have
11 made a decision to end contact or visitation between the minor
12 and the grandparent or great-grandparent which has been
13 permitted previously by that parent or parents;
14 (h) The psychological toll of visitation disputes on
15 the minor in the particular circumstances; and
16 (i) Such other factors as the court considers
17 necessary in making this determination.
18 (8) Sections 61.1302-61.1348, the Uniform Child
19 Custody Jurisdiction Act, apply to actions brought under this
20 chapter.
21 (9) If separate actions under this section and s.
22 61.13 are pending concurrently, courts are strongly encouraged
23 to consolidate the actions in order to minimize the burden of
24 litigation of visitation rights on the minor and the parties.
25 (10) An order of grandparent visitation or
26 great-grandparent visitation may be modified upon a showing of
27 substantial change in circumstances or a showing that
28 visitation is causing material harm to the parent-child
29 relationship.
30 (11) An original action requesting visitation rights
31 under this chapter may be filed by any grandparent or
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Bill No. HB 55
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1 great-grandparent only once during any 2-year period, except
2 on good cause shown that the minor is suffering or threatened
3 with suffering demonstrable significant mental or emotional
4 harm caused by a parental decision to deny or limit contact or
5 visitation between a minor and grandparent or
6 great-grandparent, which was not known to the grandparent or
7 great-grandparent at the time of filing an earlier action.
8 (12) This section does not provide for visitation
9 rights for grandparents or great-grandparents of minors placed
10 for adoption under chapter 63 except as provided in s. 752.07
11 with respect to adoption by a stepparent.
12 (13) Section 57.105 applies to actions brought under
13 this chapter.
14 Section 2. Section 752.01, Florida Statutes, is
15 repealed.
16 Section 3. Section 752.015, Florida Statutes, is
17 amended to read:
18 752.015 Mediation of visitation disputes.--It shall be
19 the public policy of this state that families resolve
20 differences over grandparent visitation within the family. It
21 shall be the further public policy of this state that when
22 families are unable to resolve differences relating to
23 grandparent visitation that the family participate in any
24 formal or informal mediation services that may be available.
25 When families are unable to resolve differences relating to
26 grandparent visitation and a petition is filed pursuant to s.
27 752.011 752.01, the court shall, if such services are
28 available in the circuit, refer the case to family mediation
29 in accordance with rules promulgated by the Supreme Court.
30 Section 4. Section 752.07, Florida Statutes, is
31 amended to read:
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 752.07 Effect of adoption of child by stepparent on
2 right of visitation; when right may be terminated.--When there
3 is a remarriage of one of the natural parents of a minor child
4 for whom visitation rights may be or may have been granted to
5 a grandparent pursuant to s. 752.011 752.01, any subsequent
6 adoption by the stepparent will not terminate any
7 grandparental rights. However, the court may determine that
8 termination of such visitation rights should be terminated
9 based upon the standards for granting such visitation which
10 are set forth in s. 752.011 is in the best interest of the
11 child and rule accordingly, after affording the grandparent an
12 opportunity to be heard.
13 Section 5. Subsections (46) and (50) of section 39.01,
14 Florida Statutes, are amended to read:
15 39.01 Definitions.--When used in this chapter, unless
16 the context otherwise requires:
17 (46) "Next of kin" means an adult relative of a child
18 who is the child's brother, sister, grandparent,
19 great-grandparent, aunt, uncle, or first cousin.
20 (50) "Participant," for purposes of a shelter
21 proceeding, dependency proceeding, or termination of parental
22 rights proceeding, means any person who is not a party but who
23 should receive notice of hearings involving the child,
24 including foster parents or the legal custodian of the child,
25 identified prospective parents, grandparents or
26 great-grandparents entitled to priority for adoption
27 consideration under s. 63.0425, actual custodians of the
28 child, and any other person whose participation may be in the
29 best interest of the child. A community-based agency under
30 contract with the department to provide protective services
31 may be designated as a participant at the discretion of the
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 court. Participants may be granted leave by the court to be
2 heard without the necessity of filing a motion to intervene.
3 Section 6. Section 39.509, Florida Statutes, is
4 amended to read:
5 39.509 Grandparents' and great-grandparents'
6 Grandparents rights.--Notwithstanding any other provision of
7 law, a maternal or paternal grandparent or great-grandparent
8 as well as a stepgrandparent or step-great-grandparent is
9 entitled to reasonable visitation with his or her grandchild
10 or great-grandchild who has been adjudicated a dependent child
11 and taken from the physical custody of the parent unless the
12 court finds that such visitation is not in the best interest
13 of the child or that such visitation would interfere with the
14 goals of the case plan. Reasonable visitation may be
15 unsupervised and, where appropriate and feasible, may be
16 frequent and continuing.
17 (1) Grandparent or great-grandparent visitation may
18 take place in the home of the grandparent or great-grandparent
19 unless there is a compelling reason for denying such a
20 visitation. The department's caseworker shall arrange the
21 visitation to which a grandparent or great-grandparent is
22 entitled pursuant to this section. The state shall not charge
23 a fee for any costs associated with arranging the visitation.
24 However, the grandparent or great-grandparent shall pay for
25 the child's cost of transportation when the visitation is to
26 take place in the grandparent's or great-grandparent's home.
27 The caseworker shall document the reasons for any decision to
28 restrict a grandparent's or great-grandparent's visitation.
29 (2) A grandparent or great-grandparent entitled to
30 visitation pursuant to this section shall not be restricted
31 from appropriate displays of affection to the child, such as
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1 appropriately hugging or kissing his or her grandchild or
2 great-grandchild. Gifts, cards, and letters from the
3 grandparent or great-grandparent and other family members
4 shall not be denied to a child who has been adjudicated a
5 dependent child.
6 (3) Any attempt by a grandparent or great-grandparent
7 to facilitate a meeting between the child who has been
8 adjudicated a dependent child and the child's parent or legal
9 custodian, or any other person in violation of a court order
10 shall automatically terminate future visitation rights of the
11 grandparent or great-grandparent.
12 (4) When the child has been returned to the physical
13 custody of his or her parent, the visitation rights granted
14 pursuant to this section shall terminate.
15 (5) The termination of parental rights does not affect
16 the rights of grandparents or great-grandparents unless the
17 court finds that such visitation is not in the best interest
18 of the child or that such visitation would interfere with the
19 goals of permanency planning for the child.
20 (6) In determining whether grandparental or
21 great-grandparental visitation is not in the child's best
22 interest, consideration may be given to the finding of guilt,
23 regardless of adjudication, or entry or plea of guilty or nolo
24 contendere to charges under the following statutes, or similar
25 statutes of other jurisdictions: s. 787.04, relating to
26 removing minors from the state or concealing minors contrary
27 to court order; s. 794.011, relating to sexual battery; s.
28 798.02, relating to lewd and lascivious behavior; chapter 800,
29 relating to lewdness and indecent exposure; or chapter 827,
30 relating to the abuse of children. Consideration may also be
31 given to a report of abuse, abandonment, or neglect under ss.
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Amendment No. 01 (for drafter's use only)
1 415.101-415.113 or this chapter and the outcome of the
2 investigation concerning such report.
3 Section 7. Paragraph (a) of subsection (3) of section
4 39.801, Florida Statutes, is amended to read:
5 39.801 Procedures and jurisdiction; notice; service of
6 process.--
7 (3) Before the court may terminate parental rights, in
8 addition to the other requirements set forth in this part, the
9 following requirements must be met:
10 (a) Notice of the date, time, and place of the
11 advisory hearing for the petition to terminate parental rights
12 and a copy of the petition must be personally served upon the
13 following persons, specifically notifying them that a petition
14 has been filed:
15 1. The parents of the child.
16 2. The legal custodians of the child.
17 3. If the parents who would be entitled to notice are
18 dead or unknown, a living relative of the child, unless upon
19 diligent search and inquiry no such relative can be found.
20 4. Any person who has physical custody of the child.
21 5. Any grandparent or great-grandparent entitled to
22 priority for adoption under s. 63.0425.
23 6. Any prospective parent who has been identified
24 under s. 39.503 or s. 39.803.
25 7. The guardian ad litem for the child or the
26 representative of the guardian ad litem program, if the
27 program has been appointed.
28
29 The document containing the notice to respond or appear must
30 contain, in type at least as large as the type in the balance
31 of the document, the following or substantially similar
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 language: "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY
2 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
3 RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON
4 THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS
5 A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION
6 ATTACHED TO THIS NOTICE."
7 Section 8. Paragraph (b) of subsection (2), paragraph
8 (c) of subsection (4), and subsections (6) and (7) of section
9 61.13, Florida Statutes, are amended to read:
10 61.13 Custody and support of children; visitation
11 rights; power of court in making orders.--
12 (2)
13 (b)1. The court shall determine all matters relating
14 to custody of each minor child of the parties in accordance
15 with the best interests of the child and in accordance with
16 the Uniform Child Custody Jurisdiction Act. It is the public
17 policy of this state to assure that each minor child has
18 frequent and continuing contact with both parents after the
19 parents separate or the marriage of the parties is dissolved
20 and to encourage parents to share the rights and
21 responsibilities, and joys, of childrearing. After considering
22 all relevant facts, the father of the child shall be given the
23 same consideration as the mother in determining the primary
24 residence of a child irrespective of the age or sex of the
25 child.
26 2. The court shall order that the parental
27 responsibility for a minor child be shared by both parents
28 unless the court finds that shared parental responsibility
29 would be detrimental to the child. Evidence that a parent has
30 been convicted of a felony of the third degree or higher
31 involving domestic violence, as defined in s. 741.28 and
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Amendment No. 01 (for drafter's use only)
1 chapter 775, or meets the criteria of s. 39.806(1)(d), creates
2 a rebuttable presumption of detriment to the child. If the
3 presumption is not rebutted, shared parental responsibility,
4 including visitation, residence of the child, and decisions
5 made regarding the child, may not be granted to the convicted
6 parent. However, the convicted parent is not relieved of any
7 obligation to provide financial support. If the court
8 determines that shared parental responsibility would be
9 detrimental to the child, it may order sole parental
10 responsibility and make such arrangements for visitation as
11 will best protect the child or abused spouse from further
12 harm. Whether or not there is a conviction of any offense of
13 domestic violence or child abuse or the existence of an
14 injunction for protection against domestic violence, the court
15 shall consider evidence of domestic violence or child abuse as
16 evidence of detriment to the child.
17 a. In ordering shared parental responsibility, the
18 court may consider the expressed desires of the parents and
19 may grant to one party the ultimate responsibility over
20 specific aspects of the child's welfare or may divide those
21 responsibilities between the parties based on the best
22 interests of the child. Areas of responsibility may include
23 primary residence, education, medical and dental care, and any
24 other responsibilities that the court finds unique to a
25 particular family.
26 b. The court shall order "sole parental
27 responsibility, with or without visitation rights, to the
28 other parent when it is in the best interests of" the minor
29 child.
30 c. The court may award the grandparents or
31 great-grandparents visitation rights with a minor child
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Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 pursuant to the criteria set forth in s. 752.011 if it is in
2 the child's best interest. Grandparents or great-grandparents
3 have legal standing to seek judicial enforcement of such an
4 award. This section does not require that grandparents or
5 great-grandparents be made parties to or given notice of
6 dissolution pleadings or proceedings, nor do grandparents or
7 great-grandparents have legal standing as "contestants" as
8 defined in s. 61.1306. However, if separate actions under this
9 section and s. 752.011 are pending concurrently, courts are
10 strongly encouraged to consolidate the actions in order to
11 minimize the burden of litigation of visitation rights on the
12 child. A court may not order that a child be kept within the
13 state or jurisdiction of the court solely for the purpose of
14 permitting visitation by the grandparents or
15 great-grandparents.
16 3. Access to records and information pertaining to a
17 minor child, including, but not limited to, medical, dental,
18 and school records, may not be denied to a parent because the
19 parent is not the child's primary residential parent. Full
20 rights under this subparagraph apply to either parent unless a
21 court order specifically revokes these rights, including any
22 restrictions on these rights as provided in a domestic
23 violence injunction. A parent having rights under this
24 subparagraph has the same rights upon request as to form,
25 substance, and manner of access as are available to the other
26 parent of a child, including, without limitation, the right to
27 in-person communication with medical, dental, and education
28 providers.
29 (4)
30 (c) When a custodial parent refuses to honor a
31 noncustodial parent's, or grandparent's, or
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Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 great-grandparent's visitation rights without proper cause,
2 the court shall, after calculating the amount of visitation
3 improperly denied, award the noncustodial parent, or
4 grandparent, or great-grandparent a sufficient amount of extra
5 visitation to compensate the noncustodial parent, or
6 grandparent, or great-grandparent, which visitation shall be
7 ordered as expeditiously as possible in a manner consistent
8 with the best interests of the child and scheduled in a manner
9 that is convenient for the person deprived of visitation. In
10 ordering any makeup visitation, the court shall schedule such
11 visitation in a manner that is consistent with the best
12 interests of the child or children and that is convenient for
13 the noncustodial parent, or grandparent, or great-grandparent.
14 In addition, the court:
15 1. May order the custodial parent to pay reasonable
16 court costs and attorney's fees incurred by the noncustodial
17 parent, or grandparent, or great-grandparent to enforce their
18 visitation rights or make up improperly denied visitation;
19 2. May order the custodial parent to attend the
20 parenting course approved by the judicial circuit;
21 3. May order the custodial parent to do community
22 service if the order will not interfere with the welfare of
23 the child;
24 4. May order the custodial parent to have the
25 financial burden of promoting frequent and continuing contact
26 when the custodial parent and child reside further than 60
27 miles from the noncustodial parent;
28 5. May award custody, rotating custody, or primary
29 residence to the noncustodial parent, upon the request of the
30 noncustodial parent, if the award is in the best interests of
31 the child; or
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Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 6. May impose any other reasonable sanction as a
2 result of noncompliance.
3 (d) A person who violates this subsection may be
4 punished by contempt of court or other remedies as the court
5 deems appropriate.
6 (6) In any proceeding under this section, the court
7 may not deny shared parental responsibility, custody, or
8 visitation rights to a parent, or grandparent, or
9 great-grandparent solely because that parent, or grandparent,
10 or great-grandparent is or is believed to be infected with
11 human immunodeficiency virus; but the court may condition such
12 rights upon the parent's, or grandparent's, or
13 great-grandparent's agreement to observe measures approved by
14 the Centers for Disease Control and Prevention of the United
15 States Public Health Service or by the Department of Health
16 for preventing the spread of human immunodeficiency virus to
17 the child.
18 (7) In any case where the child is actually residing
19 with a grandparent or great-grandparent in a stable
20 relationship, whether or not the court has awarded custody to
21 the grandparent or great-grandparent or not, the court may
22 recognize the grandparent or great-grandparent grandparents as
23 having the same standing as parents for evaluating what
24 custody arrangements are in the best interest of the child.
25 Section 9. Section 63.0425, Florida Statutes, is
26 amended to read:
27 63.0425 Grandparent's or great-grandparent's right to
28 adopt.--
29 (1) When a child who has lived with a grandparent or
30 great-grandparent for at least 6 months is placed for
31 adoption, the adoption entity handling the adoption shall
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 notify that grandparent or great-grandparent of the impending
2 adoption before the petition for adoption is filed. If the
3 grandparent or great-grandparent petitions the court to adopt
4 the child, the court shall give first priority for adoption to
5 that grandparent or great-grandparent.
6 (2) This section does shall not apply if the placement
7 for adoption is a result of the death of the child's parent
8 and a different preference is stated in the parent's will.
9 (3) This section does shall not apply in stepparent
10 adoptions.
11 (4) Nothing in This section does not shall contravene
12 the provisions of s. 63.142(4).
13 Section 10. Subsection (2) of section 63.172, Florida
14 Statutes, is amended to read:
15 63.172 Effect of judgment of adoption.--
16 (2) If one or both parents of a child die without the
17 relationship of parent and child having been previously
18 terminated and a spouse of the living parent or a close
19 relative of the child thereafter adopts the child, the child's
20 right of inheritance from or through the deceased parent is
21 unaffected by the adoption and, unless the court orders
22 otherwise, the adoption will not terminate any grandparental
23 or great-grandparental rights delineated under chapter 752.
24 For purposes of this subsection, a close relative of a child
25 is the child's brother, sister, grandparent,
26 great-grandparent, aunt, or uncle.
27 Section 11. This act shall take effect July 1, 2002.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 remove from the title of the bill: the entire title
2
3 and insert in lieu thereof:
4 A bill to be entitled
5 An act relating to children and families;
6 creating s. 752.011, F.S.; providing for
7 court-ordered visitation for grandparents and
8 great-grandparents under certain circumstances;
9 providing for appointment of a guardian ad
10 litem and family mediation if the court makes a
11 preliminary finding that the minor is
12 threatened with demonstrable significant mental
13 or emotional harm without such visitation;
14 requiring court-ordered evaluation of the child
15 if mediation fails; providing for a hearing to
16 determine whether the minor is threatened with
17 demonstrable significant mental or emotional
18 harm; providing criteria for such a
19 determination; providing for attorney's fees
20 and costs; applying the Uniform Child Custody
21 Jurisdiction Act; repealing s. 752.01, F.S.,
22 relating to grandparental visitation;
23 encouraging consolidation of actions under ss.
24 61.13 and 752.011, F.S.; amending ss. 752.015
25 and 752.07, F.S., to conform cross references;
26 amending s. 39.01, F.S.; including references
27 to great-grandparents in definitions relating
28 to dependent children; amending s. 39.509,
29 F.S.; providing for great-grandparents'
30 visitation rights; amending ss. 39.801 and
31 63.0425, F.S.; providing for a
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HOUSE AMENDMENT
Bill No. HB 55
Amendment No. 01 (for drafter's use only)
1 great-grandparent's right to adopt; amending s.
2 61.13, F.S.; providing for great-grandparents'
3 visitation rights and standing with regard to
4 evaluating custody arrangements; conforming
5 this section to provisions of this act;
6 amending s. 63.172, F.S.; conforming references
7 relating to great-grandparental visitation
8 rights under ch. 752, F.S.; providing an
9 effective date.
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File original & 9 copies 01/09/02
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