Florida Senate - 2022                             CS for SB 1408
       By the Committee on Judiciary; and Senators Perry and Rouson
       590-02248-22                                          20221408c1
    1                        A bill to be entitled                      
    2         An act relating to grandparent visitation rights;
    3         amending s. 752.011, F.S.; creating a presumption for
    4         maternal or paternal grandparent or stepgrandparent
    5         visitation of a child under certain circumstances;
    6         providing a burden for overcoming such presumption;
    7         providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Present subsections (2) through (11) of section
   12  752.011, Florida Statutes, are redesignated as subsections (3)
   13  through (12), respectively, a new subsection (2) is added to
   14  that section, and present subsections (4) and (5) of that
   15  section are amended, to read:
   16         752.011 Petition for grandparent visitation with a minor
   17  child.—A grandparent of a minor child whose parents are
   18  deceased, missing, or in a persistent vegetative state, or whose
   19  one parent is deceased, missing, or in a persistent vegetative
   20  state and whose other parent has been convicted of a felony or
   21  an offense of violence evincing behavior that poses a
   22  substantial threat of harm to the minor child’s health or
   23  welfare, may petition the court for court-ordered visitation
   24  with the grandchild under this section.
   25         (2)Notwithstanding subsection (1), if the court finds that
   26  one parent of a child has been held criminally or civilly liable
   27  for the death of the other parent of the child, there is a
   28  presumption for granting reasonable visitation with the
   29  petitioning grandparent or stepgrandparent if he or she is the
   30  parent of the child’s deceased parent. This presumption may be
   31  overcome only if the court finds that granting such visitation
   32  is not in the best interests of the child.
   33         (5)(4) In assessing the best interests interest of the
   34  child under subsection (4) (3), the court shall consider the
   35  totality of the circumstances affecting the mental and emotional
   36  well-being of the minor child, including:
   37         (a) The love, affection, and other emotional ties existing
   38  between the minor child and the grandparent, including those
   39  resulting from the relationship that had been previously allowed
   40  by the child’s parent.
   41         (b) The length and quality of the previous relationship
   42  between the minor child and the grandparent, including the
   43  extent to which the grandparent was involved in providing
   44  regular care and support for the child.
   45         (c) Whether the grandparent established ongoing personal
   46  contact with the minor child before the death of the parent,
   47  before the onset of the parent’s persistent vegetative state, or
   48  before the parent was missing.
   49         (d) The reasons cited by the respondent parent in ending
   50  contact or visitation between the minor child and the
   51  grandparent.
   52         (e) Whether there has been significant and demonstrable
   53  mental or emotional harm to the minor child as a result of the
   54  disruption in the family unit, whether the child derived support
   55  and stability from the grandparent, and whether the continuation
   56  of such support and stability is likely to prevent further harm.
   57         (f) The existence or threat to the minor child of mental
   58  injury as defined in s. 39.01.
   59         (g) The present mental, physical, and emotional health of
   60  the minor child.
   61         (h) The present mental, physical, and emotional health of
   62  the grandparent.
   63         (i) The recommendations of the minor child’s guardian ad
   64  litem, if one is appointed.
   65         (j) The result of any psychological evaluation of the minor
   66  child.
   67         (k) The preference of the minor child if the child is
   68  determined to be of sufficient maturity to express a preference.
   69         (l) A written testamentary statement by the deceased parent
   70  regarding visitation with the grandparent. The absence of a
   71  testamentary statement is not deemed to provide evidence that
   72  the deceased or missing parent or parent in a persistent
   73  vegetative state would have objected to the requested
   74  visitation.
   75         (m) Other factors that the court considers necessary to
   76  making its determination.
   77         (6)(5) In assessing material harm to the parent-child
   78  relationship under subsection (4) (3), the court shall consider
   79  the totality of the circumstances affecting the parent-child
   80  relationship, including:
   81         (a) Whether there have been previous disputes between the
   82  grandparent and the parent over childrearing or other matters
   83  related to the care and upbringing of the minor child.
   84         (b) Whether visitation would materially interfere with or
   85  compromise parental authority.
   86         (c) Whether visitation can be arranged in a manner that
   87  does not materially detract from the parent-child relationship,
   88  including the quantity of time available for enjoyment of the
   89  parent-child relationship and any other consideration related to
   90  disruption of the schedule and routine of the parent and the
   91  minor child.
   92         (d) Whether visitation is being sought for the primary
   93  purpose of continuing or establishing a relationship with the
   94  minor child with the intent that the child benefit from the
   95  relationship.
   96         (e) Whether the requested visitation would expose the minor
   97  child to conduct, moral standards, experiences, or other factors
   98  that are inconsistent with influences provided by the parent.
   99         (f) The nature of the relationship between the child’s
  100  parent and the grandparent.
  101         (g) The reasons cited by the parent in ending contact or
  102  visitation between the minor child and the grandparent which was
  103  previously allowed by the parent.
  104         (h) The psychological toll of visitation disputes on the
  105  minor child.
  106         (i) Other factors that the court considers necessary in
  107  making its determination.
  108         Section 2. This act shall take effect July 1, 2022.