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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    File original & 9 copies    01/09/02                          
    hjo0005                     02:05 pm         00055-jo  -854459

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 2 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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 3 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 Amendment No. 01 (for drafter's use only) 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 4 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 Amendment No. 01 (for drafter's use only) 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 5 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 Amendment No. 01 (for drafter's use only) 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 6 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 Amendment No. 01 (for drafter's use only) 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: 7 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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 8 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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 9 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 Amendment No. 01 (for drafter's use only) 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. 10 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 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 11 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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 12 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT Bill No. HB 55 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 13 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT 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 14 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT 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 15 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
HOUSE AMENDMENT 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 16 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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: 17 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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 18 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459
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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 File original & 9 copies 01/09/02 hjo0005 02:05 pm 00055-jo -854459