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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Carlton moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 11, between lines 19 and 20,

15

16  insert:

17         Section 6.  Subsections (47) and (51) of section 39.01,

18  Florida Statutes, are amended to read:

19         39.01  Definitions.--When used in this chapter, unless

20  the context otherwise requires:

21         (47)  "Next of kin" means an adult relative of a child

22  who is the child's brother, sister, grandparent,

23  great-grandparent, aunt, uncle, or first cousin.

24         (51)  "Participant," for purposes of a shelter

25  proceeding, dependency proceeding, or termination of parental

26  rights proceeding, means any person who is not a party but who

27  should receive notice of hearings involving the child,

28  including foster parents or the legal custodian of the child,

29  identified prospective parents, grandparents or

30  great-grandparents entitled to priority for adoption

31  consideration under s. 63.0425, actual custodians of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  child, and any other person whose participation may be in the

 2  best interest of the child. A community-based agency under

 3  contract with the department to provide protective services

 4  may be designated as a participant at the discretion of the

 5  court. Participants may be granted leave by the court to be

 6  heard without the necessity of filing a motion to intervene.

 7         Section 7.  Section 39.509, Florida Statutes, is

 8  amended to read:

 9         39.509  Grandparents and great-grandparents

10  rights.--Notwithstanding any other provision of law, a

11  maternal or paternal grandparent or great-grandparent as well

12  as a stepgrandparent or step-great-grandparent is entitled to

13  reasonable visitation with his or her grandchild or

14  great-grandchild who has been adjudicated a dependent child

15  and taken from the physical custody of the parent unless the

16  court finds that such visitation is not in the best interest

17  of the child or that such visitation would interfere with the

18  goals of the case plan. Reasonable visitation may be

19  unsupervised and, where appropriate and feasible, may be

20  frequent and continuing.

21         (1)  Grandparent or great-grandparent visitation may

22  take place in the home of the grandparent or great-grandparent

23  unless there is a compelling reason for denying such a

24  visitation. The department's caseworker shall arrange the

25  visitation to which a grandparent or great-grandparent is

26  entitled pursuant to this section.  The state shall not charge

27  a fee for any costs associated with arranging the visitation.

28  However, the grandparent or great-grandparent shall pay for

29  the child's cost of transportation when the visitation is to

30  take place in the grandparent's or great-grandparent's home.

31  The caseworker shall document the reasons for any decision to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  restrict a grandparent's or great-grandparent's  visitation.

 2         (2)  A grandparent or great-grandparent entitled to

 3  visitation pursuant to this section shall not be restricted

 4  from appropriate displays of affection to the child, such as

 5  appropriately hugging or kissing his or her grandchild or

 6  great-grandchild.  Gifts, cards, and letters from the

 7  grandparent or great-grandparent and other family members

 8  shall not be denied to a child who has been adjudicated a

 9  dependent child.

10         (3)  Any attempt by a grandparent or great-grandparent

11  to facilitate a meeting between the child who has been

12  adjudicated a dependent child and the child's parent or legal

13  custodian, or any other person in violation of a court order

14  shall automatically terminate future visitation rights of the

15  grandparent or great-grandparent.

16         (4)  When the child has been returned to the physical

17  custody of his or her parent, the visitation rights granted

18  pursuant to this section shall terminate.

19         (5)  The termination of parental rights does not affect

20  the rights of grandparents or great-grandparents unless the

21  court finds that such visitation is not in the best interest

22  of the child or that such visitation would interfere with the

23  goals of permanency planning for the child.

24         (6)  In determining whether grandparental or

25  great-grandparental visitation is not in the child's best

26  interest, consideration may be given to the finding of guilt,

27  regardless of adjudication, or entry or plea of guilty or nolo

28  contendere to charges under the following statutes, or similar

29  statutes of other jurisdictions:  s. 787.04, relating to

30  removing minors from the state or concealing minors contrary

31  to court order; s. 794.011, relating to sexual battery; s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  798.02, relating to lewd and lascivious behavior; chapter 800,

 2  relating to lewdness and indecent exposure; or chapter 827,

 3  relating to the abuse of children.  Consideration may also be

 4  given to a report of abuse, abandonment, or neglect under ss.

 5  415.101-415.113 or this chapter and the outcome of the

 6  investigation concerning such report.

 7         Section 8.  Paragraph (a) of subsection (3) of section

 8  39.801, Florida Statutes, is amended to read:

 9         39.801  Procedures and jurisdiction; notice; service of

10  process.--

11         (3)  Before the court may terminate parental rights, in

12  addition to the other requirements set forth in this part, the

13  following requirements must be met:

14         (a)  Notice of the date, time, and place of the

15  advisory hearing for the petition to terminate parental rights

16  and a copy of the petition must be personally served upon the

17  following persons, specifically notifying them that a petition

18  has been filed:

19         1.  The parents of the child.

20         2.  The legal custodians of the child.

21         3.  If the parents who would be entitled to notice are

22  dead or unknown, a living relative of the child, unless upon

23  diligent search and inquiry no such relative can be found.

24         4.  Any person who has physical custody of the child.

25         5.  Any grandparent or great-grandparent entitled to

26  priority for adoption under s. 63.0425.

27         6.  Any prospective parent who has been identified

28  under s. 39.503 or s. 39.803.

29         7.  The guardian ad litem for the child or the

30  representative of the guardian ad litem program, if the

31  program has been appointed.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1

 2  The document containing the notice to respond or appear must

 3  contain, in type at least as large as the type in the balance

 4  of the document, the following or substantially similar

 5  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

 6  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

 7  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

 8  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

 9  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

10  ATTACHED TO THIS NOTICE."

11         Section 9.  Paragraph (b) of subsection (2), paragraphs

12  (c) and (d) of subsection (4) and subsections (6) and (7) of

13  section 61.13, Florida Statutes, are amended to read:

14         61.13  Custody and support of children; visitation

15  rights; power of court in making orders.--

16         (2)

17         (b)1.  The court shall determine all matters relating

18  to custody of each minor child of the parties in accordance

19  with the best interests of the child and in accordance with

20  the Uniform Child Custody Jurisdiction Act. It is the public

21  policy of this state to assure that each minor child has

22  frequent and continuing contact with both parents after the

23  parents separate or the marriage of the parties is dissolved

24  and to encourage parents to share the rights and

25  responsibilities, and joys, of childrearing. After considering

26  all relevant facts, the father of the child shall be given the

27  same consideration as the mother in determining the primary

28  residence of a child irrespective of the age or sex of the

29  child.

30         2.  The court shall order that the parental

31  responsibility for a minor child be shared by both parents

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  unless the court finds that shared parental responsibility

 2  would be detrimental to the child. Evidence that a parent has

 3  been convicted of a felony of the third degree or higher

 4  involving domestic violence, as defined in s. 741.28 and

 5  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

 6  a rebuttable presumption of detriment to the child. If the

 7  presumption is not rebutted, shared parental responsibility,

 8  including visitation, residence of the child, and decisions

 9  made regarding the child, may not be granted to the convicted

10  parent. However, the convicted parent is not relieved of any

11  obligation to provide financial support. If the court

12  determines that shared parental responsibility would be

13  detrimental to the child, it may order sole parental

14  responsibility and make such arrangements for visitation as

15  will best protect the child or abused spouse from further

16  harm. Whether or not there is a conviction of any offense of

17  domestic violence or child abuse or the existence of an

18  injunction for protection against domestic violence, the court

19  shall consider evidence of domestic violence or child abuse as

20  evidence of detriment to the child.

21         a.  In ordering shared parental responsibility, the

22  court may consider the expressed desires of the parents and

23  may grant to one party the ultimate responsibility over

24  specific aspects of the child's welfare or may divide those

25  responsibilities between the parties based on the best

26  interests of the child. Areas of responsibility may include

27  primary residence, education, medical and dental care, and any

28  other responsibilities that the court finds unique to a

29  particular family.

30         b.  The court shall order "sole parental

31  responsibility, with or without visitation rights, to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  other parent when it is in the best interests of" the minor

 2  child.

 3         c.  The court may award the grandparents and

 4  great-grandparents visitation rights with a minor child if it

 5  is in the child's best interest. Grandparents and

 6  great-grandparents have legal standing to seek judicial

 7  enforcement of such an award. This section does not require

 8  that grandparents or great-grandparents be made parties or

 9  given notice of dissolution pleadings or proceedings, nor do

10  grandparents or great-grandparents have legal standing as

11  "contestants" as defined in s. 61.1306. A court may not order

12  that a child be kept within the state or jurisdiction of the

13  court solely for the purpose of permitting visitation by the

14  grandparents or great-grandparents.

15         3.  Access to records and information pertaining to a

16  minor child, including, but not limited to, medical, dental,

17  and school records, may not be denied to a parent because the

18  parent is not the child's primary residential parent.

19         (4)

20         (c)  When a custodial parent refuses to honor a

21  noncustodial parent's, or grandparent's, or

22  great-grandparent's visitation rights without proper cause,

23  the court shall, after calculating the amount of visitation

24  improperly denied, award the noncustodial parent, or

25  grandparent, or great-grandparent a sufficient amount of extra

26  visitation to compensate the noncustodial parent, or

27  grandparent, or great-grandparent which visitation shall be

28  ordered as expeditiously as possible in a manner consistent

29  with the best interests of the child and scheduled in a manner

30  that is convenient for the person deprived of visitation. In

31  ordering any makeup visitation, the court shall schedule such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  visitation in a manner that is consistent with the best

 2  interests of the child or children and that is convenient for

 3  the noncustodial parent, or grandparent, or great-grandparent.

 4  In addition, the court:

 5         1.  May order the custodial parent to pay reasonable

 6  court costs and attorney's fees incurred by the noncustodial

 7  parent or grandparent to enforce their visitation rights or

 8  make up improperly denied visitation;

 9         2.  May order the custodial parent to attend the

10  parenting course approved by the judicial circuit;

11         3.  May order the custodial parent to do community

12  service if the order will not interfere with the welfare of

13  the child;

14         4.  May order the custodial parent to have the

15  financial burden of promoting frequent and continuing contact

16  when the custodial parent and child reside further than 60

17  miles from the noncustodial parent;

18         5.  May award custody, rotating custody, or primary

19  residence to the noncustodial parent, upon the request of the

20  noncustodial parent, if the award is in the best interests of

21  the child; or

22         6.  May impose any other reasonable sanction as a

23  result of noncompliance.

24         (d)  A person who violates this subsection may be

25  punished by contempt of court or other remedies as the court

26  deems appropriate.

27         (6)  In any proceeding under this section, the court

28  may not deny shared parental responsibility, custody, or

29  visitation rights to a parent, or grandparent, or

30  great-grandparent solely because that parent, or grandparent,

31  or great-grandparent is or is believed to be infected with

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  human immunodeficiency virus; but the court may condition such

 2  rights upon the parent's, or grandparent's, or

 3  great-grandparent's agreement to observe measures approved by

 4  the Centers for Disease Control and Prevention of the United

 5  States Public Health Service or by the Department of Health

 6  for preventing the spread of human immunodeficiency virus to

 7  the child.

 8         (7)  In any case where the child is actually residing

 9  with a grandparent or great-grandparent in a stable

10  relationship, whether the court has awarded custody to the

11  grandparent or great-grandparent or not, the court may

12  recognize the grandparents or great-grandparents as having the

13  same standing as parents for evaluating what custody

14  arrangements are in the best interest of the child.

15         Section 10.  Subsection (1) of section 63.0425, Florida

16  Statutes, is amended to read:

17         63.0425  Grandparent's or great-grandparent's right to

18  adopt.--

19         (1)  When a child who has lived with a grandparent or

20  great-grandparent for at least 6 months is placed for

21  adoption, the agency or intermediary handling the adoption

22  shall notify that grandparent or great-grandparent of the

23  impending adoption before the petition for adoption is filed.

24  If the grandparent or great-grandparent petitions the court to

25  adopt the child, the court shall give first priority for

26  adoption to that grandparent or great-grandparent.

27         Section 11.  Subsection (2) of section 63.172, Florida

28  Statutes, is amended to read:

29         63.172  Effect of judgment of adoption.--

30         (2)  If one or both parents of a child die without the

31  relationship of parent and child having been previously

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1  terminated and a spouse of the living parent or a close

 2  relative of the child thereafter adopts the child, the child's

 3  right of inheritance from or through the deceased parent is

 4  unaffected by the adoption and, unless the court orders

 5  otherwise, the adoption will not terminate any grandparental

 6  or great-grandparental rights delineated under chapter 752.

 7  For purposes of this subsection, a close relative of a child

 8  is the child's brother, sister, grandparent,

 9  great-grandparent, aunt, or uncle.

10

11  (Redesignate subsequent sections.)

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         Delete everything before the enacting clause

17

18  and insert:

19                      A bill to be entitled

20         An act relating to children and families;

21         creating s. 752.011, F.S.; providing for

22         court-ordered grandparent visitation under

23         certain circumstances; providing for

24         appointment of a guardian ad litem and family

25         mediation if the court makes a preliminary

26         finding that the minor is threatened with

27         demonstrable significant mental or emotional

28         harm without visitation; requiring

29         court-ordered evaluation of the child if

30         mediation fails; providing for a hearing in

31         which the determination of demonstrable

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 288

    Amendment No.    





 1         significant mental or emotional harm to the

 2         minor will be made; providing criteria for such

 3         a determination; providing for attorney's fees

 4         and costs; applying the Uniform Child Custody

 5         Jurisdiction Act; repealing s. 752.01, F.S.,

 6         relating to grandparental visitation; amending

 7         s. 61.13, F.S., to conform to the act;

 8         encouraging consolidation of actions under ss.

 9         61.13, 752.011, F.S.; amending ss. 752.015,

10         752.07, F.S., to conform cross-references;

11         amending s. 39.01, F.S.; including references

12         to great-grandparents in definitions relating

13         to dependent children; amending s. 39.509,

14         F.S.; providing for great-grandparents

15         visitation rights; amending ss. 39.801 and

16         63.0425, F.S.; providing for a

17         great-grandparent's right to adopt; amending s.

18         61.13, F.S.; providing for great-grandparents

19         visitation rights and standing with regard to

20         evaluating custody arrangements; amending s.

21         63.172, F.S.; conforming references relating to

22         great-grandparental visitation rights under ch.

23         752, F.S.; providing an effective date.

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