Senate Bill sb0106e1

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    SB 106                                   First Engrossed (ntc)



  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 visitation for grandparents and

  5         great-grandparents under certain circumstances;

  6         providing for appointment of a guardian ad

  7         litem and family mediation if the court makes a

  8         preliminary finding that the minor is

  9         threatened with demonstrable significant mental

10         or emotional harm without such visitation;

11         requiring court-ordered evaluation of the child

12         if mediation fails; providing for a hearing to

13         determine whether the minor is threatened with

14         demonstrable significant mental or emotional

15         harm; providing criteria for such a

16         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;

20         encouraging consolidation of actions under ss.

21         61.13, 752.011, F.S.; amending ss. 752.015,

22         752.07, F.S., to conform cross-references;

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

24         to great-grandparents in definitions relating

25         to dependent children; amending s. 39.509,

26         F.S.; providing for great-grandparents'

27         visitation rights; amending ss. 39.801,

28         63.0425, F.S.; providing for a

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

30         61.13, F.S.; providing for great-grandparents'

31         visitation rights and standing with regard to


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    SB 106                                   First Engrossed (ntc)



  1         evaluating custody arrangements; conforming

  2         this section to provisions of this act;

  3         amending s. 63.172, F.S.; conforming references

  4         relating to great-grandparental visitation

  5         rights under ch. 752, F.S.; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Section 752.011, Florida Statutes, is

11  created to read:

12         752.011  Action by grandparent or great-grandparent for

13  right of visitation; when petition shall be granted.--

14         (1)  A grandparent or great-grandparent of a minor may

15  petition for visitation with that minor if:

16         (a)  One or both of the parents of the minor are

17  deceased;

18         (b)  The marriage of the parents of the minor has been

19  dissolved, whether or not a dissolution action is pending;

20         (c)  A parent of the minor has deserted the minor;

21         (d)  The minor was born out of wedlock and not later

22  determined to be a minor born within wedlock as provided in s.

23  742.091; or

24         (e)  A deceased parent of the minor has made a written

25  testamentary statement requesting that there be visitation

26  between his or her surviving minor child and the grandparent

27  or great-grandparent.

28         (2)  Upon the filing of a petition by a grandparent or

29  great-grandparent for visitation rights, the court shall hold

30  a preliminary hearing to find whether there is evidence that

31  the minor is suffering or is threatened with suffering


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    SB 106                                   First Engrossed (ntc)



  1  demonstrable significant mental or emotional harm as a result

  2  of a parental decision not to permit visitation or contact

  3  with the grandparent or great-grandparent. Absent such a

  4  finding, the court shall dismiss the petition and shall award

  5  reasonable attorney's fees and costs to be paid by the

  6  petitioner to the respondent.

  7         (3)  If the court finds that there is evidence that the

  8  minor is suffering or is threatened with suffering

  9  demonstrable significant mental or emotional harm as a result

10  of a parental decision not to permit visitation or contact

11  with the grandparent or great-grandparent, the court may

12  appoint a guardian ad litem and shall order the matter to

13  family mediation as provided in chapter 44 and Rules 12.740

14  and 12.741 of the Florida Family Law Rules of Procedure.

15         (4)  When mediation fails to yield a resolution, the

16  court shall order a psychological evaluation of the minor

17  pursuant to Rule 12.363, Fla. Fam. L.R.P., if comparable

18  evidence of the findings expected from such an evaluation is

19  unavailable.

20         (5)  After a hearing on the matter, the court may award

21  reasonable rights of visitation to the grandparent or

22  great-grandparent with respect to the minor if the court finds

23  that:

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

25  minor is suffering or is threatened with suffering

26  demonstrable significant mental or emotional harm as a result

27  of a parental decision not to permit visitation or contact

28  with the grandparent or great-grandparent and that visitation

29  with the grandparent or great-grandparent will alleviate or

30  mitigate the harm; and 

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    SB 106                                   First Engrossed (ntc)



  1         (b)  That the visitation will not materially harm the

  2  parent-child relationship.

  3         (6)  In assessing demonstrable significant mental or

  4  emotional harm as those terms are used in this chapter, the

  5  court shall consider the totality of the circumstances

  6  affecting the mental and emotional well-being of the minor,

  7  including:

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

  9  existing between the minor and the grandparent or

10  great-grandparent, including those based upon a relationship

11  that has been permitted previously by one or more of the

12  minor's parents.

13         (b)  The length and quality of the prior relationship

14  between the minor and the grandparent or great-grandparent,

15  including the extent to which the grandparent or

16  great-grandparent has been involved in providing regular care

17  and support of the minor.

18         (c)  Whether the grandparent or great-grandparent has

19  established or attempted to establish ongoing personal contact

20  with the 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 or great-grandparent which was permitted

24  previously by the 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 relationship with the grandparent or

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    SB 106                                   First Engrossed (ntc)



  1  great-grandparent and whether the continuation of that support

  2  and stability is likely to 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 visitation

  6  with the grandparent or great-grandparent will help maintain

  7  or facilitate contact between the minor and the deceased

  8  parent's extended family of origin such that demonstrable

  9  significant mental or emotional harm to the minor from loss of

10  additional family relationships is 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 or great-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 or great-grandparent be

25  granted or stating a belief that such visitation would reduce

26  or mitigate demonstrable significant mental or emotional harm

27  to the minor as a result of the parent's death. The absence of

28  such a testamentary statement may not be construed as evidence

29  that the deceased parent would have objected to the requested

30  visitation.

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    SB 106                                   First Engrossed (ntc)



  1         (n)  Such other factors as the court considers

  2  necessary in making this determination.

  3         (7)  In assessing whether granting a petition brought

  4  under this chapter will cause material harm to the

  5  parent-child relationship, the court shall consider the

  6  totality of the circumstances affecting the parent-child

  7  relationship, including:

  8         (a)  Whether there have been previous disputes between

  9  the parents and the grandparent or great-grandparent over

10  childrearing or other matters related to the care and

11  upbringing of the minor;

12         (b)  Whether visitation would materially interfere with

13  or compromise parental authority;

14         (c)  Whether visitation can be arranged in such a

15  manner as not to materially detract from the parent-child

16  relationship, including the quantity of time available for

17  enjoyment of the parent-child relationship and any other

18  consideration related to disruption of the schedule and

19  routines of the parents' and the minor's home lives;

20         (d)  Whether visitation is being sought for the primary

21  purpose of continuing or establishing a relationship with the

22  minor with the intent that the minor benefit from the

23  relationship;

24         (e)  Whether the requested visitation would expose the

25  minor to conduct, moral standards, experiences, or other

26  factors that are inconsistent with influences provided by the

27  parent;

28         (f)  The nature of the relationship between the parents

29  and the grandparent or great-grandparent;

30         (g)  The reasons for which a parent or parents have

31  made a decision to end contact or visitation between the minor


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    SB 106                                   First Engrossed (ntc)



  1  and the grandparent or great-grandparent which has been

  2  permitted previously by that parent or parents;

  3         (h)  The psychological toll of visitation disputes on

  4  the minor in the particular circumstances; and

  5         (i)  Such other factors as the court considers

  6  necessary in making this determination.

  7         (8)  Sections 61.1302-61.1348, the Uniform Child

  8  Custody Jurisdiction Act, apply to actions brought under this

  9  chapter.

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

11  61.13 are pending concurrently, courts are strongly encouraged

12  to consolidate the actions in order to minimize the burden of

13  litigation of visitation rights on the minor and the parties.

14         (10)  An order of grandparent visitation or

15  great-grandparent visitation may be modified upon a showing of

16  substantial change in circumstances or a showing that

17  visitation is causing material harm to the parent-child

18  relationship.

19         (11)  An original action requesting visitation rights

20  under this chapter may be filed by any grandparent or

21  great-grandparent only once during any 2-year period, except

22  on good cause shown that the minor is suffering or threatened

23  with suffering demonstrable significant mental or emotional

24  harm caused by a parental decision to deny or limit contact or

25  visitation between a minor and grandparent or

26  great-grandparent, which was not known to the grandparent or

27  great-grandparent at the time of filing an earlier action.

28         (12)  This section does not provide for visitation

29  rights for grandparents or great-grandparents of minors placed

30  for adoption under chapter 63 except as provided in s. 752.07

31  with respect to adoption by a stepparent.


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    SB 106                                   First Engrossed (ntc)



  1         (13)  Section 57.105 applies to actions brought under

  2  this chapter.

  3         Section 2.  Section 752.01, Florida Statutes, is

  4  repealed.

  5         Section 3.  Section 752.015, Florida Statutes, is

  6  amended to read:

  7         752.015  Mediation of visitation disputes.--It shall be

  8  the public policy of this state that families resolve

  9  differences over grandparent visitation within the family. It

10  shall be the further public policy of this state that when

11  families are unable to resolve differences relating to

12  grandparent visitation that the family participate in any

13  formal or informal mediation services that may be available.

14  When families are unable to resolve differences relating to

15  grandparent visitation and a petition is filed pursuant to s.

16  752.011 s. 752.01, the court shall, if such services are

17  available in the circuit, refer the case to family mediation

18  in accordance with rules promulgated by the Supreme Court.

19         Section 4.  Section 752.07, Florida Statutes, is

20  amended to read:

21         752.07  Effect of adoption of child by stepparent on

22  right of visitation; when right may be terminated.--When there

23  is a remarriage of one of the natural parents of a minor child

24  for whom visitation rights may be or may have been granted to

25  a grandparent pursuant to s. 752.011 s. 752.01, any subsequent

26  adoption by the stepparent will not terminate any

27  grandparental rights. However, the court may determine that

28  termination of such visitation rights should be terminated

29  based upon the standards for granting such visitation which

30  are set forth in s. 752.011 is in the best interest of the

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    SB 106                                   First Engrossed (ntc)



  1  child and rule accordingly, after affording the grandparent an

  2  opportunity to be heard.

  3         Section 5.  Subsections (46) and (50) of section 39.01,

  4  Florida Statutes, are amended to read:

  5         39.01  Definitions.--When used in this chapter, unless

  6  the context otherwise requires:

  7         (1)  "Abandoned" means a situation in which the parent

  8  or

  9         (46)  "Next of kin" means an adult relative of a child

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

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

12         (50)  "Participant," for purposes of a shelter

13  proceeding, dependency proceeding, or termination of parental

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

15  should receive notice of hearings involving the child,

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

17  identified prospective parents, grandparents or

18  great-grandparents entitled to priority for adoption

19  consideration under s. 63.0425, actual custodians of the

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

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

22  contract with the department to provide protective services

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

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

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

26         Section 6.  Section 39.509, Florida Statutes, is

27  amended to read:

28         39.509  Grandparents' and great-grandparents'

29  Grandparents rights.--Notwithstanding any other provision of

30  law, a maternal or paternal grandparent or great-grandparent

31  as well as a stepgrandparent or step-great-grandparent is


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    SB 106                                   First Engrossed (ntc)



  1  entitled to reasonable visitation with his or her grandchild

  2  or great-grandchild who has been adjudicated a dependent child

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

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

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

  6  goals of the case plan. Reasonable visitation may be

  7  unsupervised and, where appropriate and feasible, may be

  8  frequent and continuing.

  9         (1)  Grandparent or great-grandparent visitation may

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

11  unless there is a compelling reason for denying such a

12  visitation. The department's caseworker shall arrange the

13  visitation to which a grandparent or great-grandparent is

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

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

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

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

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

19  The caseworker shall document the reasons for any decision to

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

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

22  visitation pursuant to this section shall not be restricted

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

24  appropriately hugging or kissing his or her grandchild or

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

26  grandparent or great-grandparent and other family members

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

28  dependent child.

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

30  to facilitate a meeting between the child who has been

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


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    SB 106                                   First Engrossed (ntc)



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

  2  shall automatically terminate future visitation rights of the

  3  grandparent or great-grandparent.

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

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

  6  pursuant to this section shall terminate.

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

  8  the rights of grandparents or great-grandparents unless the

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

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

11  goals of permanency planning for the child.

12         (6)  In determining whether grandparental or

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

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

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

16  contendere to charges under the following statutes, or similar

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

18  removing minors from the state or concealing minors contrary

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

20  798.02, relating to lewd and lascivious behavior; chapter 800,

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

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

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

24  415.101-415.113 or this chapter and the outcome of the

25  investigation concerning such report.

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

27  39.801, Florida Statutes, is amended to read:

28         39.801  Procedures and jurisdiction; notice; service of

29  process.--

30

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    SB 106                                   First Engrossed (ntc)



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

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

  3  following requirements must be met:

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

  5  advisory hearing for the petition to terminate parental rights

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

  7  following persons, specifically notifying them that a petition

  8  has been filed:

  9         1.  The parents of the child.

10         2.  The legal custodians of the child.

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

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

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

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

15         5.  Any grandparent or great-grandparent entitled to

16  priority for adoption under s. 63.0425.

17         6.  Any prospective parent who has been identified

18  under s. 39.503 or s. 39.803.

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

20  representative of the guardian ad litem program, if the

21  program has been appointed.

22

23  The document containing the notice to respond or appear must

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

25  of the document, the following or substantially similar

26  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

27  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

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

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

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

31  ATTACHED TO THIS NOTICE."


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    SB 106                                   First Engrossed (ntc)



  1         Section 8.  Paragraph (b) of subsection (2), paragraphs

  2  (c) and (d) of subsection (4), and subsections (6) and (7) of

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

  4         61.13  Custody and support of children; visitation

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

  6         (2)

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

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

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

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

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

12  frequent and continuing contact with both parents after the

13  parents separate or the marriage of the parties is dissolved

14  and to encourage parents to share the rights and

15  responsibilities, and joys, of childrearing. After considering

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

17  same consideration as the mother in determining the primary

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

19  child.

20         2.  The court shall order that the parental

21  responsibility for a minor child be shared by both parents

22  unless the court finds that shared parental responsibility

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

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

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

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

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

28  presumption is not rebutted, shared parental responsibility,

29  including visitation, residence of the child, and decisions

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

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


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  1  obligation to provide financial support. If the court

  2  determines that shared parental responsibility would be

  3  detrimental to the child, it may order sole parental

  4  responsibility and make such arrangements for visitation as

  5  will best protect the child or abused spouse from further

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

  7  domestic violence or child abuse or the existence of an

  8  injunction for protection against domestic violence, the court

  9  shall consider evidence of domestic violence or child abuse as

10  evidence of detriment to the child.

11         a.  In ordering shared parental responsibility, the

12  court may consider the expressed desires of the parents and

13  may grant to one party the ultimate responsibility over

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

15  responsibilities between the parties based on the best

16  interests of the child. Areas of responsibility may include

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

18  other responsibilities that the court finds unique to a

19  particular family.

20         b.  The court shall order "sole parental

21  responsibility, with or without visitation rights, to the

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

23  child.

24         c.  The court may award the grandparents or

25  great-grandparents visitation rights with a minor child

26  pursuant to the criteria set forth in s. 752.011 if it is in

27  the child's best interest. Grandparents or great-grandparents

28  have legal standing to seek judicial enforcement of such an

29  award. This section does not require that grandparents or

30  great-grandparents be made parties or given notice of

31  dissolution pleadings or proceedings, nor do grandparents or


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  1  great-grandparents have legal standing as "contestants" as

  2  defined in s. 61.1306. However, if separate actions under this

  3  section and s. 752.011 are pending concurrently, courts are

  4  strongly encouraged to consolidate the actions in order to

  5  minimize the burden of litigation of visitation rights on the

  6  child. A court may not order that a child be kept within the

  7  state or jurisdiction of the court solely for the purpose of

  8  permitting visitation by the grandparents or

  9  great-grandparents.

10         3.  Access to records and information pertaining to a

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

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

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

14         (4)

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

16  noncustodial parent's, or grandparent's, or

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

18  the court shall, after calculating the amount of visitation

19  improperly denied, award the noncustodial parent, or

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

21  visitation to compensate the noncustodial parent, or

22  grandparent, or great-grandparent, which visitation shall be

23  ordered as expeditiously as possible in a manner consistent

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

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

26  ordering any makeup visitation, the court shall schedule such

27  visitation in a manner that is consistent with the best

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

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

30  In addition, the court:

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  1         1.  May order the custodial parent to pay reasonable

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

  3  parent, or grandparent, or great-grandparent to enforce their

  4  visitation rights or make up improperly denied visitation;

  5         2.  May order the custodial parent to attend the

  6  parenting course approved by the judicial circuit;

  7         3.  May order the custodial parent to do community

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

  9  the child;

10         4.  May order the custodial parent to have the

11  financial burden of promoting frequent and continuing contact

12  when the custodial parent and child reside further than 60

13  miles from the noncustodial parent;

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

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

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

17  the child; or

18         6.  May impose any other reasonable sanction as a

19  result of noncompliance.

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

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

22  deems appropriate.

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

24  may not deny shared parental responsibility, custody, or

25  visitation rights to a parent, or grandparent, or

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

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

28  human immunodeficiency virus; but the court may condition such

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

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

31  the Centers for Disease Control and Prevention of the United


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  1  States Public Health Service or by the Department of Health

  2  for preventing the spread of human immunodeficiency virus to

  3  the child.

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

  5  with a grandparent or great-grandparent in a stable

  6  relationship, whether or not the court has awarded custody to

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

  8  recognize the grandparent or great-grandparent grandparents as

  9  having the same standing as parents for evaluating what

10  custody arrangements are in the best interest of the child.

11         Section 9.  Subsection (1) of section 63.0425, Florida

12  Statutes, is amended to read:

13         63.0425  Grandparent's or great-grandparent's right to

14  adopt.--

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

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

17  adoption, the agency or intermediary handling the adoption

18  shall notify that grandparent or great-grandparent of the

19  impending adoption before the petition for adoption is filed.

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

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

22  adoption to that grandparent or great-grandparent.

23         Section 10.  Subsection (2) of section 63.172, Florida

24  Statutes, is amended to read:

25         63.172  Effect of judgment of adoption.--

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

27  relationship of parent and child having been previously

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

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

30  right of inheritance from or through the deceased parent is

31  unaffected by the adoption and, unless the court orders


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    SB 106                                   First Engrossed (ntc)



  1  otherwise, the adoption will not terminate any grandparental

  2  or great-grandparental rights delineated under chapter 752.

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

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

  5  great-grandparent, aunt, or uncle.

  6         Section 11.  This act shall take effect July 1, 2001.

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