Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1408
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Perry) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (2) through (11) of section
    6  752.011, Florida Statutes, are redesignated as subsections (3)
    7  through (12), respectively, a new subsection (2) is added to
    8  that section, and present subsections (4) and (5) of that
    9  section are amended, to read:
   10         752.011 Petition for grandparent visitation with a minor
   11  child.—A grandparent of a minor child whose parents are
   12  deceased, missing, or in a persistent vegetative state, or whose
   13  one parent is deceased, missing, or in a persistent vegetative
   14  state and whose other parent has been convicted of a felony or
   15  an offense of violence evincing behavior that poses a
   16  substantial threat of harm to the minor child’s health or
   17  welfare, may petition the court for court-ordered visitation
   18  with the grandchild under this section.
   19         (2)Notwithstanding subsection (1), if the court finds that
   20  one parent of a child has been held criminally or civilly liable
   21  for the death of the other parent of the child, there is a
   22  presumption for granting reasonable visitation with the
   23  petitioning grandparent or stepgrandparent if he or she is the
   24  parent of the child’s deceased parent. This presumption may be
   25  overcome only if the court finds that granting such visitation
   26  is not in the best interests of the child.
   27         (5)(4) In assessing the best interests interest of the
   28  child under subsection (4) (3), the court shall consider the
   29  totality of the circumstances affecting the mental and emotional
   30  well-being of the minor child, including:
   31         (a) The love, affection, and other emotional ties existing
   32  between the minor child and the grandparent, including those
   33  resulting from the relationship that had been previously allowed
   34  by the child’s parent.
   35         (b) The length and quality of the previous relationship
   36  between the minor child and the grandparent, including the
   37  extent to which the grandparent was involved in providing
   38  regular care and support for the child.
   39         (c) Whether the grandparent established ongoing personal
   40  contact with the minor child before the death of the parent,
   41  before the onset of the parent’s persistent vegetative state, or
   42  before the parent was missing.
   43         (d) The reasons cited by the respondent parent in ending
   44  contact or visitation between the minor child and the
   45  grandparent.
   46         (e) Whether there has been significant and demonstrable
   47  mental or emotional harm to the minor child as a result of the
   48  disruption in the family unit, whether the child derived support
   49  and stability from the grandparent, and whether the continuation
   50  of such support and stability is likely to prevent further harm.
   51         (f) The existence or threat to the minor child of mental
   52  injury as defined in s. 39.01.
   53         (g) The present mental, physical, and emotional health of
   54  the minor child.
   55         (h) The present mental, physical, and emotional health of
   56  the grandparent.
   57         (i) The recommendations of the minor child’s guardian ad
   58  litem, if one is appointed.
   59         (j) The result of any psychological evaluation of the minor
   60  child.
   61         (k) The preference of the minor child if the child is
   62  determined to be of sufficient maturity to express a preference.
   63         (l) A written testamentary statement by the deceased parent
   64  regarding visitation with the grandparent. The absence of a
   65  testamentary statement is not deemed to provide evidence that
   66  the deceased or missing parent or parent in a persistent
   67  vegetative state would have objected to the requested
   68  visitation.
   69         (m) Other factors that the court considers necessary to
   70  making its determination.
   71         (6)(5) In assessing material harm to the parent-child
   72  relationship under subsection (4) (3), the court shall consider
   73  the totality of the circumstances affecting the parent-child
   74  relationship, including:
   75         (a) Whether there have been previous disputes between the
   76  grandparent and the parent over childrearing or other matters
   77  related to the care and upbringing of the minor child.
   78         (b) Whether visitation would materially interfere with or
   79  compromise parental authority.
   80         (c) Whether visitation can be arranged in a manner that
   81  does not materially detract from the parent-child relationship,
   82  including the quantity of time available for enjoyment of the
   83  parent-child relationship and any other consideration related to
   84  disruption of the schedule and routine of the parent and the
   85  minor child.
   86         (d) Whether visitation is being sought for the primary
   87  purpose of continuing or establishing a relationship with the
   88  minor child with the intent that the child benefit from the
   89  relationship.
   90         (e) Whether the requested visitation would expose the minor
   91  child to conduct, moral standards, experiences, or other factors
   92  that are inconsistent with influences provided by the parent.
   93         (f) The nature of the relationship between the child’s
   94  parent and the grandparent.
   95         (g) The reasons cited by the parent in ending contact or
   96  visitation between the minor child and the grandparent which was
   97  previously allowed by the parent.
   98         (h) The psychological toll of visitation disputes on the
   99  minor child.
  100         (i) Other factors that the court considers necessary in
  101  making its determination.
  102         Section 2. This act shall take effect July 1, 2022.
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete everything before the enacting clause
  107  and insert:
  108                        A bill to be entitled                      
  109         An act relating to grandparent visitation rights;
  110         amending s. 752.011, F.S.; creating a presumption for
  111         maternal or paternal grandparent or stepgrandparent
  112         visitation of a child under certain circumstances;
  113         providing a burden for overcoming such presumption;
  114         providing an effective date.