Florida Senate - 2020                             CS for SB 1886
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Brandes
       
       
       
       
       586-03123-20                                          20201886c1
    1                        A bill to be entitled                      
    2         An act relating to grandparent visitation rights;
    3         amending s. 752.011, F.S.; authorizing a grandparent
    4         of a minor child whose parent was the victim of a
    5         murder to petition the court for court-ordered
    6         visitation with the child under certain circumstances;
    7         removing the requirement that a grandparent
    8         petitioning the court for court-ordered visitation
    9         with a minor child make a prima facie showing of
   10         significant harm to the child in a preliminary hearing
   11         on such petition and instead requiring the grandparent
   12         to make a prima facie showing of other specified
   13         conditions; conforming provisions to changes made by
   14         the act; providing an effective date.
   15  
   16         WHEREAS, Florida law permits case-by-case judicial review
   17  of grandparent visitation in very limited circumstances under s.
   18  752.011, Florida Statutes; however, it does not address review
   19  of grandparent visitation in criminal cases, such as when one
   20  parent is deceased under violent or criminal circumstances and
   21  the surviving parent forbids contact between the deceased’s
   22  parents and their grandchildren, and
   23         WHEREAS, the right to petition courts is no guarantee of
   24  access or visitation; rather, it simply allows courts to review
   25  the case and determine what is both safe and in the best
   26  interest of the child involved, and
   27         WHEREAS, in the best interest of a child who is already
   28  dealing with complex grief at the loss of a parent and, further,
   29  in the interest of justice under circumstances where criminal
   30  proceedings are ongoing or anticipated, courts should have the
   31  authority to review grandparent petitions for visitation, and
   32         WHEREAS, giving courts the authority to review grandparent
   33  petitions for visitation would prevent the separation of
   34  children and families while the justice system reviews cases,
   35  and could further disincentivize or deter criminal action in
   36  divorce and custody cases, NOW, THEREFORE,
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 752.011, Florida Statutes, is amended to
   41  read:
   42         752.011 Petition for grandparent visitation with a minor
   43  child.—
   44         (1) A grandparent of a minor child may petition the court
   45  for court-ordered visitation with the minor child if:
   46         (a)The whose parents of the minor child are deceased,
   47  missing, or in a persistent vegetative state;, or
   48         (b)whose One parent of the minor child is deceased,
   49  missing, or in a persistent vegetative state and the whose other
   50  parent has:
   51         1. Been convicted of a felony or an offense of violence
   52  evincing behavior that poses a substantial threat of harm to the
   53  minor child’s health or welfare;
   54         2.Been identified by the state attorney as a person of
   55  interest or an unindicted co-conspirator in an open homicide
   56  investigation relating to the deceased parent’s murder; or
   57         3.Willingly allowed the minor child to be supervised by an
   58  individual identified by the state attorney as a person of
   59  interest or an unindicted co-conspirator in an open homicide
   60  investigation relating to the deceased parent’s murder, may
   61  petition the court for court-ordered visitation with the
   62  grandchild under this section.
   63         (2)(1) Upon the filing of a petition by a grandparent for
   64  visitation, the court shall hold a preliminary hearing to
   65  determine whether the petitioner has made a prima facie showing
   66  of one of the conditions in subsection (1) parental unfitness or
   67  significant harm to the child. Absent such a showing, the court
   68  shall dismiss the petition and may award reasonable attorney
   69  fees and costs to be paid by the petitioner to the respondent.
   70         (3)(2) If the court finds that there is prima facie
   71  evidence of one of the conditions in subsection (1) and that a
   72  parent is unfit or that there is significant harm to the child,
   73  the court may appoint a guardian ad litem and shall refer the
   74  matter to family mediation as provided in s. 752.015. If family
   75  mediation does not successfully resolve the issue of grandparent
   76  visitation, the court shall proceed with a final hearing.
   77         (4)(3) After conducting a final hearing on the issue of
   78  visitation, the court may award reasonable visitation to the
   79  grandparent with respect to the minor child if the court finds
   80  by clear and convincing evidence that a parent is unfit or that
   81  there is significant harm to the child, that visitation is in
   82  the best interest of the minor child, and that the visitation
   83  will not materially harm the parent-child relationship.
   84         (5)(4) In assessing the best interest of the child under
   85  subsection (4) (3), the court shall consider the totality of the
   86  circumstances affecting the mental and emotional well-being of
   87  the minor child, including:
   88         (a) The love, affection, and other emotional ties existing
   89  between the minor child and the grandparent, including those
   90  resulting from the relationship that had been previously allowed
   91  by the child’s parent.
   92         (b) The length and quality of the previous relationship
   93  between the minor child and the grandparent, including the
   94  extent to which the grandparent was involved in providing
   95  regular care and support for the child.
   96         (c) Whether the grandparent established ongoing personal
   97  contact with the minor child before the death of the parent,
   98  before the onset of the parent’s persistent vegetative state, or
   99  before the parent was missing.
  100         (d) The reasons cited by the respondent parent in ending
  101  contact or visitation between the minor child and the
  102  grandparent.
  103         (e) Whether there has been significant and demonstrable
  104  mental or emotional harm to the minor child as a result of the
  105  disruption in the family unit, whether the child derived support
  106  and stability from the grandparent, and whether the continuation
  107  of such support and stability is likely to prevent further harm.
  108         (f) The existence or threat to the minor child of mental
  109  injury as defined in s. 39.01.
  110         (g) The present mental, physical, and emotional health of
  111  the minor child.
  112         (h) The present mental, physical, and emotional health of
  113  the grandparent.
  114         (i) The recommendations of the minor child’s guardian ad
  115  litem, if one is appointed.
  116         (j) The result of any psychological evaluation of the minor
  117  child.
  118         (k) The preference of the minor child if the child is
  119  determined to be of sufficient maturity to express a preference.
  120         (l) A written testamentary statement by the deceased parent
  121  regarding visitation with the grandparent. The absence of a
  122  testamentary statement is not deemed to provide evidence that
  123  the deceased or missing parent or parent in a persistent
  124  vegetative state would have objected to the requested
  125  visitation.
  126         (m) Other factors that the court considers necessary to
  127  making its determination.
  128         (6)(5) In assessing material harm to the parent-child
  129  relationship under subsection (4) (3), the court shall consider
  130  the totality of the circumstances affecting the parent-child
  131  relationship, including:
  132         (a) Whether there have been previous disputes between the
  133  grandparent and the parent over childrearing or other matters
  134  related to the care and upbringing of the minor child.
  135         (b) Whether visitation would materially interfere with or
  136  compromise parental authority.
  137         (c) Whether visitation can be arranged in a manner that
  138  does not materially detract from the parent-child relationship,
  139  including the quantity of time available for enjoyment of the
  140  parent-child relationship and any other consideration related to
  141  disruption of the schedule and routine of the parent and the
  142  minor child.
  143         (d) Whether visitation is being sought for the primary
  144  purpose of continuing or establishing a relationship with the
  145  minor child with the intent that the child benefit from the
  146  relationship.
  147         (e) Whether the requested visitation would expose the minor
  148  child to conduct, moral standards, experiences, or other factors
  149  that are inconsistent with influences provided by the parent.
  150         (f) The nature of the relationship between the child’s
  151  parent and the grandparent.
  152         (g) The reasons cited by the parent in ending contact or
  153  visitation between the minor child and the grandparent which was
  154  previously allowed by the parent.
  155         (h) The psychological toll of visitation disputes on the
  156  minor child.
  157         (i) Other factors that the court considers necessary in
  158  making its determination.
  159         (7)(6) Part II of chapter 61 applies to actions brought
  160  under this section.
  161         (8)(7) If actions under this section and s. 61.13 are
  162  pending concurrently, the courts are strongly encouraged to
  163  consolidate the actions in order to minimize the burden of
  164  litigation on the minor child and the other parties.
  165         (9)(8) An order for grandparent visitation may be modified
  166  upon a showing by the person petitioning for modification that a
  167  substantial change in circumstances has occurred and that
  168  modification of visitation is in the best interest of the minor
  169  child.
  170         (10)(9) An original action requesting visitation under this
  171  section may be filed by a grandparent only once during any 2
  172  year period, except on good cause shown that the minor child is
  173  suffering, or may suffer, significant and demonstrable mental or
  174  emotional harm caused by a parental decision to deny visitation
  175  between a minor child and the grandparent, which was not known
  176  to the grandparent at the time of filing an earlier action.
  177         (11)(10) This section does not provide for grandparent
  178  visitation with a minor child placed for adoption under chapter
  179  63 except as provided in s. 752.071 with respect to adoption by
  180  a stepparent or close relative.
  181         (12)(11) Venue shall be in the county where the minor child
  182  primarily resides, unless venue is otherwise governed by chapter
  183  39, chapter 61, or chapter 63.
  184         Section 2. This act shall take effect July 1, 2020.