Florida Senate - 2022                      CS for CS for SB 1408
       By the Committees on Rules; and Judiciary; and Senators Perry,
       Rouson, and Book
       595-03324-22                                          20221408c2
    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 liable for the
   27  death of the other parent of the child or civilly liable for an
   28  intentional tort causing the death of the other parent of the
   29  child, there is a presumption for granting reasonable visitation
   30  with the petitioning grandparent or stepgrandparent if he or she
   31  is the parent of the child’s deceased parent. This presumption
   32  may be overcome only if the court finds that granting such
   33  visitation is not in the best interests of the child.
   34         (5)(4) In assessing the best interests interest of the
   35  child under subsection (4) (3), the court shall consider the
   36  totality of the circumstances affecting the mental and emotional
   37  well-being of the minor child, including:
   38         (a) The love, affection, and other emotional ties existing
   39  between the minor child and the grandparent, including those
   40  resulting from the relationship that had been previously allowed
   41  by the child’s parent.
   42         (b) The length and quality of the previous relationship
   43  between the minor child and the grandparent, including the
   44  extent to which the grandparent was involved in providing
   45  regular care and support for the child.
   46         (c) Whether the grandparent established ongoing personal
   47  contact with the minor child before the death of the parent,
   48  before the onset of the parent’s persistent vegetative state, or
   49  before the parent was missing.
   50         (d) The reasons cited by the respondent parent in ending
   51  contact or visitation between the minor child and the
   52  grandparent.
   53         (e) Whether there has been significant and demonstrable
   54  mental or emotional harm to the minor child as a result of the
   55  disruption in the family unit, whether the child derived support
   56  and stability from the grandparent, and whether the continuation
   57  of such support and stability is likely to prevent further harm.
   58         (f) The existence or threat to the minor child of mental
   59  injury as defined in s. 39.01.
   60         (g) The present mental, physical, and emotional health of
   61  the minor child.
   62         (h) The present mental, physical, and emotional health of
   63  the grandparent.
   64         (i) The recommendations of the minor child’s guardian ad
   65  litem, if one is appointed.
   66         (j) The result of any psychological evaluation of the minor
   67  child.
   68         (k) The preference of the minor child if the child is
   69  determined to be of sufficient maturity to express a preference.
   70         (l) A written testamentary statement by the deceased parent
   71  regarding visitation with the grandparent. The absence of a
   72  testamentary statement is not deemed to provide evidence that
   73  the deceased or missing parent or parent in a persistent
   74  vegetative state would have objected to the requested
   75  visitation.
   76         (m) Other factors that the court considers necessary to
   77  making its determination.
   78         (6)(5) In assessing material harm to the parent-child
   79  relationship under subsection (4) (3), the court shall consider
   80  the totality of the circumstances affecting the parent-child
   81  relationship, including:
   82         (a) Whether there have been previous disputes between the
   83  grandparent and the parent over childrearing or other matters
   84  related to the care and upbringing of the minor child.
   85         (b) Whether visitation would materially interfere with or
   86  compromise parental authority.
   87         (c) Whether visitation can be arranged in a manner that
   88  does not materially detract from the parent-child relationship,
   89  including the quantity of time available for enjoyment of the
   90  parent-child relationship and any other consideration related to
   91  disruption of the schedule and routine of the parent and the
   92  minor child.
   93         (d) Whether visitation is being sought for the primary
   94  purpose of continuing or establishing a relationship with the
   95  minor child with the intent that the child benefit from the
   96  relationship.
   97         (e) Whether the requested visitation would expose the minor
   98  child to conduct, moral standards, experiences, or other factors
   99  that are inconsistent with influences provided by the parent.
  100         (f) The nature of the relationship between the child’s
  101  parent and the grandparent.
  102         (g) The reasons cited by the parent in ending contact or
  103  visitation between the minor child and the grandparent which was
  104  previously allowed by the parent.
  105         (h) The psychological toll of visitation disputes on the
  106  minor child.
  107         (i) Other factors that the court considers necessary in
  108  making its determination.
  109         Section 2. This act shall take effect July 1, 2022.