Senate Bill 0288e1
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  1                      A bill to be entitled
  2         An act relating to children and families;
  3         creating s. 752.011, F.S.; providing for
  4         court-ordered grandparent visitation under
  5         certain circumstances; providing for
  6         appointment of a guardian ad litem and family
  7         mediation if the court makes a preliminary
  8         finding that the minor is threatened with
  9         demonstrable significant mental or emotional
10         harm without visitation; requiring
11         court-ordered evaluation of the child if
12         mediation fails; providing for a hearing in
13         which the determination of demonstrable
14         significant mental or emotional harm to the
15         minor will be made; providing criteria for such
16         a determination; providing for attorney's fees
17         and costs; applying the Uniform Child Custody
18         Jurisdiction Act; repealing s. 752.01, F.S.,
19         relating to grandparental visitation; amending
20         s. 61.13, F.S., to conform to the act;
21         encouraging consolidation of actions under ss.
22         61.13, 752.011, F.S.; amending ss. 752.015,
23         752.07, F.S., to conform cross-references;
24         amending s. 39.01, F.S.; including references
25         to great-grandparents in definitions relating
26         to dependent children; amending s. 39.509,
27         F.S.; providing for great-grandparents
28         visitation rights; amending ss. 39.801 and
29         63.0425, F.S.; providing for a
30         great-grandparent's right to adopt; amending s.
31         61.13, F.S.; providing for great-grandparents
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    CS for SB 288                                  First Engrossed
  1         visitation rights and standing with regard to
  2         evaluating custody arrangements; amending s.
  3         63.172, F.S.; conforming references relating to
  4         great-grandparental visitation rights under ch.
  5         752, F.S.; providing an effective date.
  6
  7  Be It Enacted by the Legislature of the State of Florida:
  8
  9         Section 1.  Section 752.011, Florida Statutes, is
10  created to read:
11         752.011  Action by grandparent for right of visitation;
12  when petition shall be granted.--
13         (1)  A grandparent of a minor may petition for
14  visitation with that minor if:
15         (a)  One or both of the parents of the minor are
16  deceased;
17         (b)  The marriage of the parents of the minor has been
18  dissolved, whether or not a dissolution action is pending;
19         (c)  A parent of the minor has deserted the minor;
20         (d)  The minor was born out of wedlock and not later
21  determined to be a minor born within wedlock as provided in s.
22  742.091;
23         (e)  The minor is living with both natural parents who
24  are still married to each other, whether or not there is a
25  broken relationship between either or both parents of the
26  minor and the grandparents, and either or both parents have
27  used their parental authority to prohibit a relationship
28  between the minor and the grandparents; or
29         (f)  A deceased parent of the minor has made a written
30  testamentary statement requesting that there be visitation
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  1  between his or her surviving minor child and the grandparent
  2  or grandparents.
  3         (2)  Upon the filing of a petition by a grandparent for
  4  visitation rights, the court shall hold a preliminary hearing
  5  to find whether there is evidence that the minor is suffering
  6  or is threatened with suffering demonstrable significant
  7  mental or emotional harm as a result of a parental decision
  8  not to permit visitation or contact with the grandparent.
  9  Absent such a finding, the court shall dismiss the petition
10  and shall award reasonable attorney's fees and costs to be
11  paid by the petitioner to the respondent.
12         (3)  If the court finds that there is evidence that the
13  minor is suffering or is threatened with suffering
14  demonstrable significant mental or emotional harm as a result
15  of a parental decision not to permit visitation or contact
16  with the grandparent, the court may appoint a guardian ad
17  litem and shall order the matter to family mediation as
18  provided in chapter 44 and Rules 12.740 and 12.741 of the
19  Florida Family Law Rules of Procedure.
20         (4)  If mediation fails to yield a resolution, the
21  court shall order a psychological evaluation of the minor
22  pursuant to Rule 12.363, Fla. Fam. L.R.P., absent the
23  availability of comparable evidence of the findings expected
24  from such an evaluation.
25         (5)  After a hearing on the matter, the court may award
26  reasonable rights of visitation to the grandparent with
27  respect to the minor if the court finds that:
28         (a)  There is clear and convincing evidence that the
29  minor is suffering or is threatened with suffering
30  demonstrable significant mental or emotional harm as a result
31  of a parental decision not to permit visitation or contact
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  1  with the grandparent and that visitation with the grandparent
  2  will alleviate or mitigate the harm; and 
  3         (b)  That the visitation will not materially harm the
  4  parent-child relationship.
  5         (6)  In assessing demonstrable significant mental or
  6  emotional harm as those terms are used in this chapter, the
  7  court shall consider the totality of the circumstances
  8  affecting the mental and emotional well-being of the minor,
  9  including:
10         (a)  The love, affection, and other emotional ties
11  existing between the minor and the grandparent, including
12  those based upon a relationship that has been permitted
13  previously by one or more of the minor's parents.
14         (b)  The length and quality of the prior relationship
15  between the minor and the grandparent, including the extent to
16  which the grandparent has been involved in providing regular
17  care and support of the minor.
18         (c)  Whether the grandparent has established or
19  attempted to establish ongoing personal contact with the
20  minor.
21         (d)  The reasons for which a parent or parents have
22  made a decision to end contact or visitation between the minor
23  and the grandparent which was permitted previously by the
24  parent or parents.
25         (e)  Whether there has been demonstrable significant
26  mental or emotional harm to the minor as the result of
27  disruption in the family unit due to divorce, abandonment by a
28  parent, or disability or death of a parent, sibling, or other
29  household member, for which the minor has derived support and
30  stability from the grandparental relationship and whether the
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  1  continuation of that support and stability is likely to
  2  prevent further harm.
  3         (f)  The existence or threat of mental injury to the
  4  minor as defined in s. 39.01.
  5         (g)  When one parent is deceased, whether grandparent
  6  visitation will help maintain or facilitate contact between
  7  the minor and the deceased parent's extended family of origin
  8  such that demonstrable significant mental or emotional harm to
  9  the minor from loss of additional family relationships is
10  mitigated.
11         (h)  The present mental, physical, and emotional needs
12  and health of the minor.
13         (i)  The present mental, physical, and emotional health
14  of the grandparent.
15         (j)  The recommendations of the minor's guardian ad
16  litem.
17         (k)  The results of the psychological evaluation of the
18  minor pursuant to Rule 12.363, Fla. Fam. L.R.P.
19         (l)  The preference of the minor if the minor is
20  determined to be of sufficient maturity to express a
21  preference.
22         (m)  When a parent is deceased, any written
23  testamentary statement by the deceased parent requesting that
24  visitation with the grandparent be granted or stating a belief
25  that such visitation would reduce or mitigate demonstrable
26  significant mental or emotional harm to the minor as a result
27  of the parent's death. The absence of such a testamentary
28  statement may not be construed as evidence that the deceased
29  parent would have objected to the requested visitation.
30         (n)  Such other factors as the court considers
31  necessary in making this determination.
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  1         (7)  In assessing whether granting a petition brought
  2  under this chapter will cause material harm to the
  3  parent-child relationship, the court shall consider the
  4  totality of the circumstances affecting the parent-child
  5  relationship, including:
  6         (a)  Whether there have been previous disputes between
  7  the grandparent and the parents over childrearing or other
  8  matters related to the care and upbringing of the minor;
  9         (b)  Whether visitation would in a material manner
10  interfere with or compromise parental authority;
11         (c)  Whether visitation can be arranged in such a
12  manner as not to materially detract from the parent-child
13  relationship, including the quantity of time available for
14  enjoyment of the parent-child relationship and any other
15  consideration related to disruption of the schedule and
16  routines of the parents' and the minor's home lives;
17         (d)  Whether visitation is being sought for the primary
18  purpose of continuing or establishing a relationship with the
19  minor with the intent that the minor benefit from the
20  relationship;
21         (e)  Whether the requested visitation would expose the
22  minor to conduct, moral standards, experiences, or other
23  factors that are inconsistent with influences provided by the
24  parent;
25         (f)  The nature of the relationship between the parents
26  and the grandparent;
27         (g)  The reasons for which a parent or parents have
28  made a decision to end contact or visitation between the minor
29  and the grandparent which has been permitted previously by
30  that parent or parents;
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  1         (h)  The psychological toll of visitation disputes on
  2  the minor in the particular circumstances; and
  3         (i)  Such other factors as the court considers
  4  necessary in making this determination.
  5         (8)  Sections 61.1302-61.1348, the Uniform Child
  6  Custody Jurisdiction Act, apply to actions brought under this
  7  chapter.
  8         (9)  If separate actions under this section and s.
  9  61.13 are pending concurrently, courts are strongly encouraged
10  to consolidate the actions in order to minimize the burden of
11  litigation of visitation rights on the minor and the parties.
12         (10)  An order of grandparent visitation may be
13  modified upon a showing of substantial change in circumstances
14  or a showing that visitation is causing material harm to the
15  parent-child relationship.
16         (11)  An original action requesting visitation rights
17  under this chapter may be filed by any grandparent only once
18  during any 2-year period, except on good cause shown that the
19  minor is suffering or threatened with suffering demonstrable
20  significant mental or emotional harm caused by a parental
21  decision to deny or limit contact or visitation between a
22  minor and grandparent, which was not known to the grandparent
23  at the time of filing an earlier action.
24         (12)  This section does not provide for grandparental
25  visitation rights for minors placed for adoption under chapter
26  63 except as provided in s. 752.07 with respect to adoption by
27  a stepparent.
28         (13)  Section 57.105 applies to actions brought under
29  this chapter.
30         Section 2.  Section 752.01, Florida Statutes, is
31  repealed.
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  1         Section 3.  Subsection (2) of section 61.13, Florida
  2  Statutes, is amended to read:
  3         61.13  Custody and support of children; visitation
  4  rights; power of court in making orders.--
  5         (2)(a)  The court shall have jurisdiction to determine
  6  custody, notwithstanding that the child is not physically
  7  present in this state at the time of filing any proceeding
  8  under this chapter, if it appears to the court that the child
  9  was removed from this state for the primary purpose of
10  removing the child from the jurisdiction of the court in an
11  attempt to avoid a determination or modification of custody.
12         (b)1.  The court shall determine all matters relating
13  to custody of each minor child of the parties in accordance
14  with the best interests of the child and in accordance with
15  the Uniform Child Custody Jurisdiction Act. It is the public
16  policy of this state to assure that each minor child has
17  frequent and continuing contact with both parents after the
18  parents separate or the marriage of the parties is dissolved
19  and to encourage parents to share the rights and
20  responsibilities, and joys, of childrearing. After considering
21  all relevant facts, the father of the child shall be given the
22  same consideration as the mother in determining the primary
23  residence of a child irrespective of the age or sex of the
24  child.
25         2.  The court shall order that the parental
26  responsibility for a minor child be shared by both parents
27  unless the court finds that shared parental responsibility
28  would be detrimental to the child. Evidence that a parent has
29  been convicted of a felony of the third degree or higher
30  involving domestic violence, as defined in s. 741.28 and
31  chapter 775, or meets the criteria of s. 39.806(1)(d), creates
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  1  a rebuttable presumption of detriment to the child. If the
  2  presumption is not rebutted, shared parental responsibility,
  3  including visitation, residence of the child, and decisions
  4  made regarding the child, may not be granted to the convicted
  5  parent. However, the convicted parent is not relieved of any
  6  obligation to provide financial support. If the court
  7  determines that shared parental responsibility would be
  8  detrimental to the child, it may order sole parental
  9  responsibility and make such arrangements for visitation as
10  will best protect the child or abused spouse from further
11  harm. Whether or not there is a conviction of any offense of
12  domestic violence or child abuse or the existence of an
13  injunction for protection against domestic violence, the court
14  shall consider evidence of domestic violence or child abuse as
15  evidence of detriment to the child.
16         a.  In ordering shared parental responsibility, the
17  court may consider the expressed desires of the parents and
18  may grant to one party the ultimate responsibility over
19  specific aspects of the child's welfare or may divide those
20  responsibilities between the parties based on the best
21  interests of the child. Areas of responsibility may include
22  primary residence, education, medical and dental care, and any
23  other responsibilities that the court finds unique to a
24  particular family.
25         b.  The court shall order "sole parental
26  responsibility, with or without visitation rights, to the
27  other parent when it is in the best interests of" the minor
28  child.
29         c.  The court may award the grandparents visitation
30  rights with a minor child pursuant to the criteria set forth
31  in s. 752.011 if it is in the child's best interest.
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  1  Grandparents have legal standing to seek judicial enforcement
  2  of such an award. This section does not require that
  3  grandparents be made parties or given notice of dissolution
  4  pleadings or proceedings, nor do grandparents have legal
  5  standing as "contestants" as defined in s. 61.1306. However,
  6  if separate actions under this section and s. 752.011 are
  7  pending concurrently, courts are strongly encouraged to
  8  consolidate the actions in order to minimize the burden of
  9  litigation of visitation rights on the child. A court may not
10  order that a child be kept within the state or jurisdiction of
11  the court solely for the purpose of permitting visitation by
12  the grandparents.
13         3.  Access to records and information pertaining to a
14  minor child, including, but not limited to, medical, dental,
15  and school records, may not be denied to a parent because the
16  parent is not the child's primary residential parent.
17         (c)  The circuit court in the county in which either
18  parent and the child reside or the circuit court in which the
19  original award of custody was entered have jurisdiction to
20  modify an award of child custody. The court may change the
21  venue in accordance with s. 47.122.
22         (d)  No presumption shall arise in favor of or against
23  a request to relocate when a primary residential parent seeks
24  to move the child and the move will materially affect the
25  current schedule of contact and access with the secondary
26  residential parent.  In making a determination as to whether
27  the primary residential parent may relocate with a child, the
28  court must consider the following factors:
29         1.  Whether the move would be likely to improve the
30  general quality of life for both the residential parent and
31  the child.
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  1         2.  The extent to which visitation rights have been
  2  allowed and exercised.
  3         3.  Whether the primary residential parent, once out of
  4  the jurisdiction, will be likely to comply with any substitute
  5  visitation arrangements.
  6         4.  Whether the substitute visitation will be adequate
  7  to foster a continuing meaningful relationship between the
  8  child and the secondary residential parent.
  9         5.  Whether the cost of transportation is financially
10  affordable by one or both parties.
11         6.  Whether the move is in the best interests of the
12  child.
13         Section 4.  Section 752.015, Florida Statutes, is
14  amended to read:
15         752.015  Mediation of visitation disputes.--It shall be
16  the public policy of this state that families resolve
17  differences over grandparent visitation within the family. It
18  shall be the further public policy of this state that when
19  families are unable to resolve differences relating to
20  grandparent visitation that the family participate in any
21  formal or informal mediation services that may be available.
22  When families are unable to resolve differences relating to
23  grandparent visitation and a petition is filed pursuant to s.
24  752.011 752.01, the court shall, if such services are
25  available in the circuit, refer the case to family mediation
26  in accordance with rules promulgated by the Supreme Court.
27         Section 5.  Section 752.07, Florida Statutes, is
28  amended to read:
29         752.07  Effect of adoption of child by stepparent on
30  right of visitation; when right may be terminated.--When there
31  is a remarriage of one of the natural parents of a minor child
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  1  for whom visitation rights may be or may have been granted to
  2  a grandparent pursuant to s. 752.011 752.01, any subsequent
  3  adoption by the stepparent will not terminate any
  4  grandparental rights. However, the court may determine that
  5  termination of such visitation rights should be terminated
  6  based upon the standards for granting such visitation which
  7  are set forth in s. 752.011 is in the best interest of the
  8  child and rule accordingly, after affording the grandparent an
  9  opportunity to be heard.
10         Section 6.  Subsections (47) and (51) of section 39.01,
11  Florida Statutes, are amended to read:
12         39.01  Definitions.--When used in this chapter, unless
13  the context otherwise requires:
14         (47)  "Next of kin" means an adult relative of a child
15  who is the child's brother, sister, grandparent,
16  great-grandparent, aunt, uncle, or first cousin.
17         (51)  "Participant," for purposes of a shelter
18  proceeding, dependency proceeding, or termination of parental
19  rights proceeding, means any person who is not a party but who
20  should receive notice of hearings involving the child,
21  including foster parents or the legal custodian of the child,
22  identified prospective parents, grandparents or
23  great-grandparents entitled to priority for adoption
24  consideration under s. 63.0425, actual custodians of the
25  child, and any other person whose participation may be in the
26  best interest of the child. A community-based agency under
27  contract with the department to provide protective services
28  may be designated as a participant at the discretion of the
29  court. Participants may be granted leave by the court to be
30  heard without the necessity of filing a motion to intervene.
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  1         Section 7.  Section 39.509, Florida Statutes, is
  2  amended to read:
  3         39.509  Grandparents and great-grandparents
  4  rights.--Notwithstanding any other provision of law, a
  5  maternal or paternal grandparent or great-grandparent as well
  6  as a stepgrandparent or step-great-grandparent is entitled to
  7  reasonable visitation with his or her grandchild or
  8  great-grandchild who has been adjudicated a dependent child
  9  and taken from the physical custody of the parent unless the
10  court finds that such visitation is not in the best interest
11  of the child or that such visitation would interfere with the
12  goals of the case plan. Reasonable visitation may be
13  unsupervised and, where appropriate and feasible, may be
14  frequent and continuing.
15         (1)  Grandparent or great-grandparent visitation may
16  take place in the home of the grandparent or great-grandparent
17  unless there is a compelling reason for denying such a
18  visitation. The department's caseworker shall arrange the
19  visitation to which a grandparent or great-grandparent is
20  entitled pursuant to this section.  The state shall not charge
21  a fee for any costs associated with arranging the visitation.
22  However, the grandparent or great-grandparent shall pay for
23  the child's cost of transportation when the visitation is to
24  take place in the grandparent's or great-grandparent's home.
25  The caseworker shall document the reasons for any decision to
26  restrict a grandparent's or great-grandparent's  visitation.
27         (2)  A grandparent or great-grandparent entitled to
28  visitation pursuant to this section shall not be restricted
29  from appropriate displays of affection to the child, such as
30  appropriately hugging or kissing his or her grandchild or
31  great-grandchild.  Gifts, cards, and letters from the
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  1  grandparent or great-grandparent and other family members
  2  shall not be denied to a child who has been adjudicated a
  3  dependent child.
  4         (3)  Any attempt by a grandparent or great-grandparent
  5  to facilitate a meeting between the child who has been
  6  adjudicated a dependent child and the child's parent or legal
  7  custodian, or any other person in violation of a court order
  8  shall automatically terminate future visitation rights of the
  9  grandparent or great-grandparent.
10         (4)  When the child has been returned to the physical
11  custody of his or her parent, the visitation rights granted
12  pursuant to this section shall terminate.
13         (5)  The termination of parental rights does not affect
14  the rights of grandparents or great-grandparents unless the
15  court finds that such visitation is not in the best interest
16  of the child or that such visitation would interfere with the
17  goals of permanency planning for the child.
18         (6)  In determining whether grandparental or
19  great-grandparental visitation is not in the child's best
20  interest, consideration may be given to the finding of guilt,
21  regardless of adjudication, or entry or plea of guilty or nolo
22  contendere to charges under the following statutes, or similar
23  statutes of other jurisdictions:  s. 787.04, relating to
24  removing minors from the state or concealing minors contrary
25  to court order; s. 794.011, relating to sexual battery; s.
26  798.02, relating to lewd and lascivious behavior; chapter 800,
27  relating to lewdness and indecent exposure; or chapter 827,
28  relating to the abuse of children.  Consideration may also be
29  given to a report of abuse, abandonment, or neglect under ss.
30  415.101-415.113 or this chapter and the outcome of the
31  investigation concerning such report.
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  1         Section 8.  Paragraph (a) of subsection (3) of section
  2  39.801, Florida Statutes, is amended to read:
  3         39.801  Procedures and jurisdiction; notice; service of
  4  process.--
  5         (3)  Before the court may terminate parental rights, in
  6  addition to the other requirements set forth in this part, the
  7  following requirements must be met:
  8         (a)  Notice of the date, time, and place of the
  9  advisory hearing for the petition to terminate parental rights
10  and a copy of the petition must be personally served upon the
11  following persons, specifically notifying them that a petition
12  has been filed:
13         1.  The parents of the child.
14         2.  The legal custodians of the child.
15         3.  If the parents who would be entitled to notice are
16  dead or unknown, a living relative of the child, unless upon
17  diligent search and inquiry no such relative can be found.
18         4.  Any person who has physical custody of the child.
19         5.  Any grandparent or great-grandparent entitled to
20  priority for adoption under s. 63.0425.
21         6.  Any prospective parent who has been identified
22  under s. 39.503 or s. 39.803.
23         7.  The guardian ad litem for the child or the
24  representative of the guardian ad litem program, if the
25  program has been appointed.
26
27  The document containing the notice to respond or appear must
28  contain, in type at least as large as the type in the balance
29  of the document, the following or substantially similar
30  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY
31  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
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  1  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON
  2  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS
  3  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION
  4  ATTACHED TO THIS NOTICE."
  5         Section 9.  Paragraph (b) of subsection (2), paragraphs
  6  (c) and (d) of subsection (4) and subsections (6) and (7) of
  7  section 61.13, Florida Statutes, are amended to read:
  8         61.13  Custody and support of children; visitation
  9  rights; power of court in making orders.--
10         (2)
11         (b)1.  The court shall determine all matters relating
12  to custody of each minor child of the parties in accordance
13  with the best interests of the child and in accordance with
14  the Uniform Child Custody Jurisdiction Act. It is the public
15  policy of this state to assure that each minor child has
16  frequent and continuing contact with both parents after the
17  parents separate or the marriage of the parties is dissolved
18  and to encourage parents to share the rights and
19  responsibilities, and joys, of childrearing. After considering
20  all relevant facts, the father of the child shall be given the
21  same consideration as the mother in determining the primary
22  residence of a child irrespective of the age or sex of the
23  child.
24         2.  The court shall order that the parental
25  responsibility for a minor child be shared by both parents
26  unless the court finds that shared parental responsibility
27  would be detrimental to the child. Evidence that a parent has
28  been convicted of a felony of the third degree or higher
29  involving domestic violence, as defined in s. 741.28 and
30  chapter 775, or meets the criteria of s. 39.806(1)(d), creates
31  a rebuttable presumption of detriment to the child. If the
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    CS for SB 288                                  First Engrossed
  1  presumption is not rebutted, shared parental responsibility,
  2  including visitation, residence of the child, and decisions
  3  made regarding the child, may not be granted to the convicted
  4  parent. However, the convicted parent is not relieved of any
  5  obligation to provide financial support. If the court
  6  determines that shared parental responsibility would be
  7  detrimental to the child, it may order sole parental
  8  responsibility and make such arrangements for visitation as
  9  will best protect the child or abused spouse from further
10  harm. Whether or not there is a conviction of any offense of
11  domestic violence or child abuse or the existence of an
12  injunction for protection against domestic violence, the court
13  shall consider evidence of domestic violence or child abuse as
14  evidence of detriment to the child.
15         a.  In ordering shared parental responsibility, the
16  court may consider the expressed desires of the parents and
17  may grant to one party the ultimate responsibility over
18  specific aspects of the child's welfare or may divide those
19  responsibilities between the parties based on the best
20  interests of the child. Areas of responsibility may include
21  primary residence, education, medical and dental care, and any
22  other responsibilities that the court finds unique to a
23  particular family.
24         b.  The court shall order "sole parental
25  responsibility, with or without visitation rights, to the
26  other parent when it is in the best interests of" the minor
27  child.
28         c.  The court may award the grandparents and
29  great-grandparents visitation rights with a minor child if it
30  is in the child's best interest. Grandparents and
31  great-grandparents have legal standing to seek judicial
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    CS for SB 288                                  First Engrossed
  1  enforcement of such an award. This section does not require
  2  that grandparents or great-grandparents be made parties or
  3  given notice of dissolution pleadings or proceedings, nor do
  4  grandparents or great-grandparents have legal standing as
  5  "contestants" as defined in s. 61.1306. A court may not order
  6  that a child be kept within the state or jurisdiction of the
  7  court solely for the purpose of permitting visitation by the
  8  grandparents or great-grandparents.
  9         3.  Access to records and information pertaining to a
10  minor child, including, but not limited to, medical, dental,
11  and school records, may not be denied to a parent because the
12  parent is not the child's primary residential parent.
13         (4)
14         (c)  When a custodial parent refuses to honor a
15  noncustodial parent's, or grandparent's, or
16  great-grandparent's visitation rights without proper cause,
17  the court shall, after calculating the amount of visitation
18  improperly denied, award the noncustodial parent, or
19  grandparent, or great-grandparent a sufficient amount of extra
20  visitation to compensate the noncustodial parent, or
21  grandparent, or great-grandparent which visitation shall be
22  ordered as expeditiously as possible in a manner consistent
23  with the best interests of the child and scheduled in a manner
24  that is convenient for the person deprived of visitation. In
25  ordering any makeup visitation, the court shall schedule such
26  visitation in a manner that is consistent with the best
27  interests of the child or children and that is convenient for
28  the noncustodial parent, or grandparent, or great-grandparent.
29  In addition, the court:
30         1.  May order the custodial parent to pay reasonable
31  court costs and attorney's fees incurred by the noncustodial
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  1  parent or grandparent to enforce their visitation rights or
  2  make up improperly denied visitation;
  3         2.  May order the custodial parent to attend the
  4  parenting course approved by the judicial circuit;
  5         3.  May order the custodial parent to do community
  6  service if the order will not interfere with the welfare of
  7  the child;
  8         4.  May order the custodial parent to have the
  9  financial burden of promoting frequent and continuing contact
10  when the custodial parent and child reside further than 60
11  miles from the noncustodial parent;
12         5.  May award custody, rotating custody, or primary
13  residence to the noncustodial parent, upon the request of the
14  noncustodial parent, if the award is in the best interests of
15  the child; or
16         6.  May impose any other reasonable sanction as a
17  result of noncompliance.
18         (d)  A person who violates this subsection may be
19  punished by contempt of court or other remedies as the court
20  deems appropriate.
21         (6)  In any proceeding under this section, the court
22  may not deny shared parental responsibility, custody, or
23  visitation rights to a parent, or grandparent, or
24  great-grandparent solely because that parent, or grandparent,
25  or great-grandparent is or is believed to be infected with
26  human immunodeficiency virus; but the court may condition such
27  rights upon the parent's, or grandparent's, or
28  great-grandparent's agreement to observe measures approved by
29  the Centers for Disease Control and Prevention of the United
30  States Public Health Service or by the Department of Health
31
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    CS for SB 288                                  First Engrossed
  1  for preventing the spread of human immunodeficiency virus to
  2  the child.
  3         (7)  In any case where the child is actually residing
  4  with a grandparent or great-grandparent in a stable
  5  relationship, whether the court has awarded custody to the
  6  grandparent or great-grandparent or not, the court may
  7  recognize the grandparents or great-grandparents as having the
  8  same standing as parents for evaluating what custody
  9  arrangements are in the best interest of the child.
10         Section 10.  Subsection (1) of section 63.0425, Florida
11  Statutes, is amended to read:
12         63.0425  Grandparent's or great-grandparent's right to
13  adopt.--
14         (1)  When a child who has lived with a grandparent or
15  great-grandparent for at least 6 months is placed for
16  adoption, the agency or intermediary handling the adoption
17  shall notify that grandparent or great-grandparent of the
18  impending adoption before the petition for adoption is filed.
19  If the grandparent or great-grandparent petitions the court to
20  adopt the child, the court shall give first priority for
21  adoption to that grandparent or great-grandparent.
22         Section 11.  Subsection (2) of section 63.172, Florida
23  Statutes, is amended to read:
24         63.172  Effect of judgment of adoption.--
25         (2)  If one or both parents of a child die without the
26  relationship of parent and child having been previously
27  terminated and a spouse of the living parent or a close
28  relative of the child thereafter adopts the child, the child's
29  right of inheritance from or through the deceased parent is
30  unaffected by the adoption and, unless the court orders
31  otherwise, the adoption will not terminate any grandparental
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    CS for SB 288                                  First Engrossed
  1  or great-grandparental rights delineated under chapter 752.
  2  For purposes of this subsection, a close relative of a child
  3  is the child's brother, sister, grandparent,
  4  great-grandparent, aunt, or uncle.
  5         Section 12.  This act shall take effect July 1, 2000.
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