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A bill to be entitled

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An act relating to grandparent visitation; creating s.

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752.011, F.S.; authorizing the grandparent of a minor

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child to petition a court for visitation under certain

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circumstances; providing a presumption in favor the

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minor's parent; requiring a preliminary hearing on harm to

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the minor resulting from denial of visitation; providing

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for the payment of fees and costs by a petitioner who

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fails to make a prima facie showing of harm; authorizing

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appointment of a guardian ad litem and mediation following

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a prima facie showing of harm; providing for a

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psychological evaluation of the minor if mediation fails;

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authorizing grandparental visitation if the court makes

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specified findings; requiring clear and convincing

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evidence of demonstrable significant mental or emotional

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harm to the minor resulting from a denial of visitation;

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prohibiting grandparental visitation that materially harms

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parent-child relationship; providing factors for court

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consideration in determining whether there is harm to the

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minor or to the parent-child relationship; providing for

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application of the Uniform Child Custody Jurisdiction and

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Enforcement Act; encouraging the consolidation of certain

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concurrent actions; providing for modification of an order

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awarding grandparental visitation; limiting the frequency

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of actions seeking visitation; limiting application to

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minors placed for adoption; providing for application

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sanctions for unsupported claims or defenses; providing

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for venue; amending s. 752.015, F.S.; conforming a cross-

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reference; creating s. 752.071, F.S.; providing conditions

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under which a court may terminate a grandparent visitation

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order upon adoption of a minor child by a stepparent or

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close relative; repealing s. 752.01, F.S., relating to

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actions for grandparental visitation; repealing s. 752.07,

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F.S., relating to the effect of adoption of a child by a

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stepparent on grandparent visitation; providing an

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effective date.

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

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     Section 1.  Section 752.011, Florida Statutes, is created to

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read:

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     752.011 Petition for grandparental visitation.--

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     (1) A grandparent of a minor child may petition the court

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for visitation with the minor if the parent of the minor has

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denied visitation to the grandparent.

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     (2) In evaluating the petition for visitation, a court

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shall presume that a parent acts in the best interests of his or

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her child and shall accord special weight to the parent's

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decision.

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

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visitation, the court shall hold a preliminary hearing to

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determine whether the petitioner has made a prima facie showing

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that the minor is suffering or is threatened with suffering

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demonstrable significant mental or emotional harm due to the

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parental decision not to allow visitation with the grandparent.

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Absent such a showing, the court shall dismiss the petition and

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shall award reasonable attorney's fees and costs to be paid by

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the petitioner to the respondent.

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     (4) If the court finds that there is prima facie evidence

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that the minor is suffering or is threatened with suffering

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demonstrable significant mental or emotional harm due to the

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parental decision not to allow visitation with the grandparent,

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the court may appoint a guardian ad litem and shall order the

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matter to family mediation as provided in s. 752.015.

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     (5) If mediation fails to yield a resolution, the court

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shall order a psychological evaluation of the minor pursuant to

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the Florida Family Law Rules of Procedure, absent the

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availability of comparable evidence of the findings expected from

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such an evaluation.

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     (6) After conducting a hearing on the issue of visitation,

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the court may award reasonable visitation to the grandparent with

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respect to the minor if the court finds that:

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

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is suffering or is threatened with suffering demonstrable

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significant mental or emotional harm as a result of a parental

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decision not to allow visitation with the grandparent and that

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visitation with the grandparent will alleviate or mitigate the

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harm; and

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     (b) That the visitation will not materially harm the

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parent-child relationship.

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     (7) In assessing demonstrable significant mental or

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emotional harm under paragraph (6)(a), the court shall consider

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the totality of the circumstances affecting the mental and

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emotional well-being of the minor, including:

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

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between the minor and the grandparent, including those resulting

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from the relationship that had been previously allowed by the

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minor's parent.

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     (b) The length and quality of the prior relationship

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between the minor and the grandparent, including the extent to

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which the grandparent was involved in providing regular care and

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support to the minor.

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     (c) Whether the grandparent established or attempted to

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establish ongoing personal contact with the minor.

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     (d) The reasons the parent made the decision to end contact

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or visitation between the minor and the grandparent which had

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been previously allowed by the parent.

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     (e) Whether there has been demonstrable significant mental

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or emotional harm to the minor as the result of disruption in the

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family unit, for which the minor derived support and stability

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from the grandparental relationship, and whether the continuation

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of that support and stability is likely to prevent further harm.

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

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as defined in s. 39.01.

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     (g) The present mental, physical, and emotional needs and

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health of the minor.

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     (h) The present mental, physical, and emotional health of

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the grandparent.

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     (i) The recommendations of the minor's guardian ad litem if

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one is appointed.

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     (j) The results of the psychological evaluation of the

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minor ordered pursuant to subsection (5).

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     (k) The preference of the minor if the minor is determined

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to be of sufficient maturity to express a preference.

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     (l) If a parent is deceased, any written testamentary

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statement by the deceased parent requesting that visitation with

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the grandparent be granted or stating a belief that such

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visitation would reduce or mitigate demonstrable significant

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mental or emotional harm to the minor resulting from the parent's

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death. The absence of such a testamentary statement does not

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provide evidence that the deceased parent would have objected to

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the requested visitation.

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     (m) Whether the parents of the minor disagree on whether to

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allow or the extent of grandparent visitation.

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     (n) Such other factors as the court considers necessary in

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making its determination.

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     (8) In assessing material harm to the parent-child

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relationship under paragraph (6)(b), the court shall consider the

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totality of the circumstances affecting the parent-child

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relationship, including:

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     (a) Whether there have been previous disputes between the

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grandparent and the parent or parents over childrearing or other

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matters related to the care and upbringing of the minor.

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     (b) Whether visitation would materially interfere with or

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compromise parental authority.

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     (c) Whether visitation can be arranged in a manner that

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does not materially detract from the parent-child relationship,

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including the quantity of time available for enjoyment of the

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parent-child relationship, and any other consideration related to

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disruption of the schedule and routines of the home lives of the

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parent and the minor.

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     (d) Whether visitation is being sought for the primary

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purpose of continuing or establishing a relationship with the

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minor with the intent that the minor benefit from the

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relationship.

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     (e) Whether the requested visitation would expose the minor

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to conduct, moral standards, experiences, or other factors that

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are inconsistent with influences provided by the parent.

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     (f) The nature of the relationship between the parent and

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the grandparent.

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     (g) The reasons the parent made the decision to end contact

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or visitation between the minor and the grandparent which was

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previously allowed by that parent.

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     (h) The psychological toll of visitation disputes on the

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minor.

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     (i) Such other factors as the court considers necessary in

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making its determination.

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     (9) Part II of chapter 61, the Uniform Child Custody

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Jurisdiction and Enforcement Act, applies to actions brought

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under this chapter.

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     (10) If separate actions under this section and s. 61.13

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are pending concurrently, courts are strongly encouraged to

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consolidate the actions in order to minimize the burden of

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litigation of grandparent visitation on the minor and the

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parties.

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     (11) An order for grandparent visitation may be modified

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upon a showing by the person petitioning for modification of a

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substantial change in circumstances and that modifying visitation

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is in the best interest of the minor.

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     (12) An original action requesting visitation under this

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section may be filed by a grandparent only once during any 2-year

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period, except on good cause shown that the minor is suffering or

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threatened with suffering demonstrable significant mental or

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emotional harm caused by a parental decision to deny visitation

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between a minor and grandparent, which was not known to the

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grandparent at the time of filing an earlier action.

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     (13) This section does not provide for grandparental

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visitation for minors placed for adoption under chapter 63 except

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as provided in s. 752.071 with respect to adoption by a

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stepparent or close relative.

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     (14) Section 57.105 applies to actions brought under this

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chapter.

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     (15) Venue shall be in the county where the grandchild

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primarily resides, unless venue is otherwise governed by chapter

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39, chapter 61, or chapter 63.

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     Section 2.  Section 752.015, Florida Statutes, is amended to

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read:

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

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public policy of this state that families resolve differences

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over grandparent visitation within the family. It shall be the

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further public policy of this state that when families are unable

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to resolve differences relating to grandparent visitation that

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the family participate in any formal or informal mediation

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services that may be available. If When families are unable to

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resolve differences relating to grandparent visitation and a

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petition is filed pursuant to s. 752.011 s. 752.01, the court

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shall, if such services are available in the circuit, refer the

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case to family mediation in accordance with the Florida Family

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Law Rules of Procedure rules promulgated by the Supreme Court.

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     Section 3.  Section 752.071, Florida Statutes, is created to

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read:

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     752.071 Effect of adoption by stepparent or close

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relative.--Following the adoption of a minor child by a

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stepparent or close relative, the stepparent or close relative

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may petition the court to terminate an order granting grandparent

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visitation under this chapter which was entered prior to the

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adoption. The court may terminate the order unless the

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grandparent is able to show that the criteria of s. 752.011

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authorizing the visitation continues to be satisfied.

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     Section 4. Sections 752.01 and 752.07, Florida Statutes,

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are repealed.

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     Section 5.  This act shall take effect upon becoming a law.