HB 1521

1	A bill to be entitled
2	An act relating to grandparental visitation; creating s.
3	752.011, F.S.; authorizing the grandparent of a minor
4	child to petition a court for visitation under certain
5	circumstances; providing a rebuttable presumption in favor
6	of the minor's parent; requiring a preliminary hearing on
7	harm to the minor resulting from denial of visitation;
8	providing for the payment of fees and costs by a
9	petitioner who fails to make a prima facie showing of
10	harm; authorizing appointment of a guardian ad litem and
11	mediation following a prima facie showing of harm;
12	providing for a home-study investigation or professional
13	evaluation of the minor if mediation fails; authorizing
14	grandparental visitation if the court makes specified
15	findings; requiring clear and convincing evidence that the
16	denial of visitation has caused or is likely to cause
17	demonstrable harm to the child's health, safety, or
18	welfare; providing factors for court consideration in
19	determining whether there is harm to the minor; providing
20	for application of the Uniform Child Custody Jurisdiction
21	and Enforcement Act; encouraging the consolidation of
22	certain concurrent actions; providing for modification of
23	an order awarding grandparental visitation; limiting the
24	frequency of actions seeking visitation; providing relief
25	to the grandparent if the parent unreasonably denies or
26	interferes with court-ordered visitation; prohibiting
27	visitation subsequent to adoption except under certain
28	circumstances; providing for application of sanctions for
29	unsupported claims or defenses; providing for venue;
30	amending s. 752.015, F.S.; conforming a cross-reference;
31	creating s. 752.071, F.S.; providing conditions under
32	which a court may terminate a grandparental visitation
33	order upon adoption of a minor child by a stepparent or
34	close relative; repealing s. 752.01, F.S., relating to
35	actions for grandparental visitation; repealing s. 752.07,
36	F.S., relating to the effect of adoption of a child by a
37	stepparent on grandparental visitation; providing an
38	effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 752.011, Florida Statutes, is created
43	to read:
44	752.011  Petition for grandparental visitation.--
45	(1)  A grandparent of an unmarried minor child may petition
46	the court for reasonable visitation with the minor if the parent
47	of the minor has denied visitation to the grandparent. There is
48	a rebuttable presumption that a fit parent's decision to deny a
49	grandparent reasonable visitation with the minor is in the
50	child's best interest.
51	(2)  The petitioner must file a verified petition alleging
52	that the denial of visitation has caused, or is likely to cause,
53	demonstrable harm to the minor's health, safety, or welfare. The
54	verified petition must include the specific facts and
55	circumstances upon the basis of which visitation is sought.
56	(3)  Upon the filing of a verified petition by a
57	grandparent for visitation, the court shall hold a preliminary
58	hearing to determine whether the petitioner has made a prima
59	facie showing that the denial of visitation has caused, or is
60	likely to cause, demonstrable harm to the minor's health,
61	safety, or welfare. Absent such showing, the court shall dismiss
62	the petition and shall award reasonable attorney's fees and
63	costs to be paid by the petitioner to the respondent.
64	(4)  If the court finds that there is prima facie evidence
65	that the denial of visitation has caused, or is likely to cause,
66	demonstrable harm to the minor's health, safety, or welfare, the
67	court may appoint a guardian ad litem and shall order the matter
68	to family mediation as provided in s. 752.015.
69	(5)  If mediation fails to yield a resolution, the court
70	may order a home-study investigation or a professional
71	evaluation of the minor pursuant to the Florida Family Law Rules
72	of Procedure, absent the availability of comparable evidence of
73	the findings expected from such investigation or evaluation.
74	(6)  After conducting a hearing on the issue of visitation,
75	the court may award reasonable visitation to the grandparent
76	with respect to the minor if the court finds by clear and
77	convincing evidence that the denial of visitation has caused, or
78	is likely to cause, demonstrable harm to the minor's health,
79	safety, or welfare, and that visitation with the grandparent
80	will alleviate or mitigate such harm.
81	(7)  In assessing demonstrable harm under subsection (6),
82	the court shall consider the totality of the circumstances
83	affecting the physical, mental, and emotional well-being of the
84	minor, including:
85	(a)  The love, affection, and other emotional ties existing
86	between the minor and the grandparent, including those resulting
87	from the relationship that had been previously allowed by the
88	minor's parent.
89	(b)  The length and quality of the prior relationship
90	between the minor and the grandparent, including the extent to
91	which the grandparent was involved in providing regular care and
92	support to the minor.
93	(c)  Whether the grandparent established, or attempted to
94	establish, ongoing personal contact with the minor.
95	(d)  The reasons the parent made the decision to end
96	contact or visitation between the minor and the grandparent
97	which had been previously allowed by the parent.
98	(e)  Whether there has been demonstrable significant mental
99	or emotional harm to the minor as the result of disruption in
100	the family unit, for which the minor derived support and
101	stability from the grandparental relationship, and whether the
102	continuation of that support and stability is likely to prevent
103	further harm.
104	(f)  The existence or threat of mental injury to the minor
105	as defined in s. 39.01.
106	(g)  The present mental, physical, and emotional needs and
107	health of the minor.
108	(h)  The present mental, physical, and emotional health of
109	the grandparent.
110	(i)  The recommendations of the minor's guardian ad litem,
111	if one is appointed.
112	(j)  The results of the home study investigation or
113	professional evaluation of the minor, if one is ordered pursuant
114	to subsection (5).
115	(k)  The preference of the minor, if the minor is
116	determined to be of sufficient maturity to express a preference.
117	(l)  If a parent is deceased, any written testamentary
118	statement by the deceased parent requesting that visitation with
119	the grandparent be granted or stating a belief that such
120	visitation would reduce or mitigate demonstrable significant
121	mental or emotional harm to the minor resulting from the
122	parent's death. The absence of such a testamentary statement
123	does not provide evidence that the deceased parent would have
124	objected to the requested visitation.
125	(m)  Whether the parents of the minor disagree on whether
126	to allow, or the extent of, grandparental visitation.
127	(n)  Whether the visitation will materially harm the
128	parent-child relationship.
129	(o)  Such other factors as the court considers necessary in
130	making its determination.
131	(8)  Part II of chapter 61, the Uniform Child Custody
132	Jurisdiction and Enforcement Act, applies to actions brought
133	under this chapter.
134	(9)  If separate actions under this section and s. 61.13
135	are pending concurrently, courts are strongly encouraged to
136	consolidate the actions in order to minimize the burden of
137	litigation of grandparental visitation on the minor and the
138	parties.
139	(10)  An order for grandparental visitation may be modified
140	upon a showing by the person petitioning for modification of a
141	substantial change in circumstances and that modifying
142	visitation is in the best interest of the minor.
143	(11)  An original action requesting visitation under this
144	section may be filed by a grandparent only once during any 2-
145	year period, except on good cause shown that the denial of
146	visitation has caused, or is likely to cause, demonstrable harm
147	to the minor's health, safety, or welfare, which was not known
148	to the grandparent at the time of filing an earlier action.
149	(12)  If a grandparent has been granted visitation pursuant
150	to this section and such visitation has been unreasonably denied
151	or otherwise unreasonably interfered with by the minor's parent,
152	the grandparent may file a motion with the court for enforcement
153	of visitation.
154	(a)  Upon filing the motion, the court shall direct the
155	parties to mediation and set a hearing on the merits of the
156	motion.
157	(b)  After completion of any mediation ordered pursuant to
158	paragraph (a), the mediator shall submit the record of mediation
159	termination and a summary of the parties' agreement, if any, to
160	the court. Upon receipt of the record and summary, the court
161	shall enter an order in accordance with the parties' agreement,
162	if any.
163	(c)  If, after conducting a hearing, the court finds that
164	the visitation has been unreasonably denied or otherwise
165	unreasonably interfered with by the parent, the court shall
166	enter an order providing for one or more of the following:
167	1.  A specific visitation schedule.
168	2.  Visitation that compensates for the visitation denied
169	or otherwise interfered with, which may be of the same type as
170	the visitation denied or otherwise interfered with, including
171	holidays, weekdays, weekends, summers, and at the convenience of
172	the grandparent.
173	3.  Assessment of reasonable attorney's fees, mediation
174	costs, and court costs against the parent.
175	(d)  If the court finds that the motion for enforcement of
176	visitation has been unreasonably filed or pursued by the
177	grandparent, the court may assess reasonable attorney's fees,
178	mediation costs, and court costs against the grandparent.
179	(13)  The court may not grant grandparental visitation to a
180	minor child subsequent to a final order of adoption of that
181	child except as provided in s. 752.071.
182	(14)  Section 57.105 applies to actions brought under this
183	chapter.
184	(15)  Venue is in the county where the grandchild primarily
185	resides, unless venue is otherwise governed by chapter 39,
186	chapter 61, or chapter 63.
187	Section 2.  Section 752.015, Florida Statutes, is amended
188	to read:
189	752.015  Mediation of visitation disputes.--It is shall be
190	the public policy of this state that families resolve
191	differences over grandparental grandparent visitation within the
192	family. It is shall be the further public policy of this state
193	that when families are unable to resolve differences relating to
194	grandparental grandparent visitation that the family participate
195	in any formal or informal mediation services that may be
196	available. If When families are unable to resolve differences
197	relating to grandparental grandparent visitation and a petition
198	is filed pursuant to s. 752.011 s. 752.01, the court shall, if
199	such services are available in the circuit, refer the case to
200	family mediation in accordance with the Florida Family Law Rules
201	of Procedure rules promulgated by the Supreme Court.
202	Section 3.  Section 752.071, Florida Statutes, is created
203	to read:
204	752.071  Effect of adoption by stepparent or close
205	relative.--Following the adoption of a minor child by a
206	stepparent or close relative, the stepparent or close relative
207	may petition the court to terminate an order granting
208	grandparental visitation under this chapter which was entered
209	prior to the adoption. The court may terminate the order unless
210	the grandparent is able to show that the criteria of s. 752.011
211	authorizing the visitation continues to be satisfied.
212	Section 4.  Sections 752.01 and 752.07, Florida Statutes,
213	are repealed.
214	Section 5.  This act shall take effect upon becoming a law.

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