THE BILL ITSELF
SB 1150
Grandparent Visitation
Florida Senate - 2026 SB 1150 By Senator Rodriguez 40-00560-26 20261150__
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A bill to be entitled
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An act relating to grandparent visitation; amending s.
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752.011, F.S.; revising the criteria required for a
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grandparent of a minor child to petition the court for
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grandparent visitation; revising the purpose for which
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the court shall hold a certain preliminary hearing;
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revising the circumstances in which the court may
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appoint a guardian ad litem and must refer the matter
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to family mediation; revising the circumstances in
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which the court may award reasonable visitation to a
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grandparent; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 752.011, Florida Statutes, is amended to
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read:
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752.011 Petition for grandparent visitation with a minor
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child.—A grandparent of a minor child whose parents are
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deceased, missing, or in a persistent vegetative state, or whose
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one parent is deceased, missing, or in a persistent vegetative
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state and whose other parent has been convicted of a felony or
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an offense of violence evincing behavior that poses a
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substantial threat of harm to the minor child’s health or
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welfare, may petition the court for court-ordered visitation
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with the grandchild under this section if the minor child’s
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parents are divorced or if one or both of the minor child’s
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parents are deceased, missing, or in a persistent vegetative
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state .
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(1) Upon the filing of a petition by a grandparent for
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visitation, the court shall hold a preliminary hearing to
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determine whether the petitioner has made a prima facie showing
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that the minor child’s parents are divorced or one or both of
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the minor child’s parents are deceased, missing, or in a
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persistent vegetative state of parental unfitness or significant
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harm to the child . Absent such a showing, the court shall
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dismiss the petition and may award reasonable attorney fees and
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costs to be paid by the petitioner to the respondent.
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(2) Notwithstanding subsection (1), if the court finds that
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one parent of a child has been held criminally liable for the
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death of the other parent of the child or civilly liable for an
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intentional tort causing the death of the other parent of the
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child, there is a presumption for granting reasonable visitation
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with the petitioning grandparent or stepgrandparent if he or she
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is the parent of the child’s deceased parent. This presumption
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may only be overcome if the court finds that granting such
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visitation is not in the best interests of the child.
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(3) If the court finds that there is prima facie evidence
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that the minor child’s parents are divorced or one or both of
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the minor child’s parents are deceased, missing, or in a
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persistent vegetative state a parent is unfit or that there is
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significant harm to the child , the court may appoint a guardian
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ad litem and must shall refer the matter to family mediation as
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provided in s. 752.015. If family mediation does not
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successfully resolve the issue of grandparent visitation, the
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court must shall proceed with a final hearing.
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(3) (4) After conducting a final hearing on the issue of
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visitation, the court may award reasonable visitation to the
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grandparent with respect to the minor child if the court finds
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by clear and convincing evidence that the minor child’s parents
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are divorced or one or both of the minor child’s parents are
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deceased, missing, or in a persistent vegetative state a parent
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is unfit or that there is significant harm to the child , that
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visitation is in the best interest of the minor child, and that
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the visitation will not materially harm the parent-child
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relationship , if one exists .
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(4) (5) In assessing the best interests of the child under
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subsection (3) (4) , the court shall consider the totality of the
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circumstances affecting the mental and emotional well-being of
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the minor child, including:
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(a) The love, affection, and other emotional ties existing
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between the minor child and the grandparent, including those
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resulting from the relationship that had been previously allowed
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by the child’s parent.
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(b) The length and quality of the previous relationship
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between the minor child and the grandparent, including the
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extent to which the grandparent was involved in providing
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regular care and support for the child.
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(c) Whether the grandparent established ongoing personal
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contact with the minor child before the parents divorced, before
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the death of the parent, before the onset of the parent’s
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persistent vegetative state, or before the parent was missing.
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(d) The reasons cited by the respondent parent in ending
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contact or visitation between the minor child and the
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grandparent.
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(e) Whether there has been significant and demonstrable
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mental or emotional harm to the minor child as a result of the
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disruption in the family unit, whether the child derived support
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and stability from the grandparent, and whether the continuation
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of such support and stability is likely to prevent further harm.
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(f) The existence or threat to the minor child of mental
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injury as defined in s. 39.01.
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(g) The present mental, physical, and emotional health of
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the minor child.
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(h) The present mental, physical, and emotional health of
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the grandparent.
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(i) The recommendations of the minor child’s guardian ad
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litem, if one is appointed.
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(j) The result of any psychological evaluation of the minor
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child.
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(k) The preference of the minor child if the child is
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determined to be of sufficient maturity to express a preference.
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(l) A written testamentary statement by the deceased parent
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regarding visitation with the grandparent. The absence of a
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testamentary statement is not deemed to provide evidence that
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the deceased or missing parent or parent in a persistent
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vegetative state would have objected to the requested
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visitation.
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(m) Other factors that the court considers necessary to
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making its determination.
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(5) (6) In assessing material harm to the parent-child
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relationship under subsection (3) (4) , the court shall consider
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the totality of the circumstances affecting the parent-child
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relationship, including:
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(a) Whether there have been previous disputes between the
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grandparent and the parent over childrearing or other matters
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related to the care and upbringing of the minor child.
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(b) Whether visitation would materially interfere with or
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compromise parental authority.
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(c) Whether visitation can be arranged in a manner that
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does not materially detract from the parent-child relationship,
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including the quantity of time available for enjoyment of the
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parent-child relationship and any other consideration related to
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disruption of the schedule and routine of the parent and the
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minor child.
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(d) Whether visitation is being sought for the primary
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purpose of continuing or establishing a relationship with the
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minor child with the intent that the child benefit from the
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relationship.
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(e) Whether the requested visitation would expose the minor
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child to conduct, moral standards, experiences, or other factors
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that are inconsistent with influences provided by the parent.
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(f) The nature of the relationship between the child’s
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parent and the grandparent.
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(g) The reasons cited by the parent in ending contact or
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visitation between the minor child and the grandparent which was
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previously allowed by the parent.
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(h) The psychological toll of visitation disputes on the
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minor child.
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(i) Other factors that the court considers necessary in
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making its determination.
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(6) (7) Part II of chapter 61 applies to actions brought
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under this section.
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(7) (8) If actions under this section and s. 61.13 are
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pending concurrently, the courts are strongly encouraged to
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consolidate the actions in order to minimize the burden of
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litigation on the minor child and the other parties.
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(8) (9) An order for grandparent visitation may be modified
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upon a showing by the person petitioning for modification that a
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substantial change in circumstances has occurred and that
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modification of visitation is in the best interest of the minor
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child.
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(9) (10) An original action requesting visitation under this
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section may be filed by a grandparent only once during any 2
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year period, except on good cause shown that the minor child is
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suffering, or may suffer, significant and demonstrable mental or
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emotional harm caused by a parental decision to deny visitation
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between a minor child and the grandparent, which was not known
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to the grandparent at the time of filing an earlier action.
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(10) (11) This section does not provide for grandparent
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visitation with a minor child placed for adoption under chapter
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63 except as provided in s. 752.071 with respect to adoption by
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a stepparent or close relative.
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(11) (12) Venue shall be in the county where the minor child
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primarily resides, unless venue is otherwise governed by chapter
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39, chapter 61, or chapter 63.
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Section 2. This act shall take effect July 1, 2026.