THE BILL ITSELF
HB 861
Grandparent Visitation Rights
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A bill to be entitled
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An act relating to grandparent visitation rights;
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amending s. 752.011, F.S.; authorizing a grandparent
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of a minor child to petition a court for court-ordered
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visitation with the child in certain circumstances;
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making technical changes; reenacting ss. 752.015 and
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752.071, F.S., relating to mediation of visitation
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disputes and the effect of adoption by a stepparent or
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close relative, respectively, to incorporate the
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amendment made to s. 752.011, F.S., in references
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Section 752.011, Florida Statutes, is amended
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to read:
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752.011 Petition for grandparent visitation with a minor
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child.—
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(1)(a) A grandparent of a minor child whose parents are
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deceased, missing, or in a persistent vegetative state may
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petition the court for court-ordered visitation with the child
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under this section., or
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(b) A grandparent of a minor child whose one parent is
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deceased, missing, or in a persistent vegetative state and whose
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other parent has been convicted of a felony or an offense of
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violence evincing behavior that poses a substantial threat of
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harm to the minor child's health or welfare, may petition the
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court for court-ordered visitation with the child grandchild
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under this section.
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(c) A grandparent of a minor child whose one parent is
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deceased, missing, or in a persistent vegetative state may
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petition the court for court-ordered visitation with the child
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under this section if:
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1. The child resided in the same household as the
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grandparent for at least 6 months during the 12-month period
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immediately preceding the parent's death, disappearance, or
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persistent vegetative state;
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2. The child did not live in the same household as the
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other parent for at least 6 months during that preceding 12-
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month period; and
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3. Eliminating the child's contact with the grandparent
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would pose a substantial threat of harm to the physical, mental,
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or emotional well-being of the child.
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(2)(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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of parental unfitness or significant harm to the child. Absent
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such a showing, the court shall dismiss the petition and may
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award reasonable attorney fees and costs to be paid by the
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petitioner to the respondent.
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(3)(2) Notwithstanding subsection (2) (1), if the court
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finds that one parent of a child has been held criminally liable
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for the death of the other parent of the child or civilly liable
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for an intentional tort causing the death of the other parent of
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the child, there is a presumption for granting reasonable
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visitation with the petitioning grandparent or stepgrandparent
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if he or she is the parent of the child's deceased parent. This
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presumption may only be overcome if the court finds that
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granting such visitation is not in the best interests of the
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child.
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(4)(3) If the court finds that there is prima facie
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evidence that a parent is unfit or that there is significant
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harm to the child, the court may appoint a guardian ad litem and
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must shall refer the matter to family mediation as provided in
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s. 752.015. If family mediation does not successfully resolve
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the issue of grandparent visitation, the court must shall
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proceed with a final hearing.
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(5)(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 a parent is unfit or that
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there is significant harm to the child, that visitation is in
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the best interests interest of the minor child, and that the
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visitation will not materially harm the parent-child
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relationship.
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(6)(5) In assessing the best interests of the child under
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subsection (5) (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 death of the parent,
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before the onset of the parent's persistent vegetative state, or
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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
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minor 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
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parent regarding visitation with the grandparent. The absence of
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a 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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(7)(6) In assessing material harm to the parent-child
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relationship under subsection (5) (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
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minor child to conduct, moral standards, experiences, or other
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factors that are inconsistent with influences provided by the
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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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(8)(7) Part II of chapter 61 applies to actions brought
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under this section.
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(9)(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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(10)(9) An order for grandparent visitation may be
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modified upon a showing by the person petitioning for
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modification that a substantial change in circumstances has
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occurred and that modification of visitation is in the best
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interests interest of the minor child.
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(11)(10) An original action requesting visitation under
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this section may be filed by a grandparent only once during any
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2-year period, except on good cause shown that the minor child
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is suffering, or may suffer, significant and demonstrable mental
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or emotional harm caused by a parental decision to deny
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visitation between a minor child and the grandparent, which was
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not known to the grandparent at the time of filing an earlier
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action.
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(12)(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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(13)(12) Venue must shall be in the county where the minor
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child primarily resides, unless venue is otherwise governed by
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chapter 39, chapter 61, or chapter 63.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 752.011, Florida Statutes, in a reference thereto, section 752.015, Florida Statutes, is
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reenacted to read:
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752.015 Mediation of visitation disputes.—It is the public
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policy of this state that families resolve differences over
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grandparent visitation within the family. It is the further
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public policy of this state that, when families are unable to
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resolve differences relating to grandparent visitation, the
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family participate in any formal or informal mediation services
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that may be available. If families are unable to resolve
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differences relating to grandparent visitation and a petition is
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filed pursuant to s. 752.011, the court shall, if such services
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are available in the circuit, refer the case to family mediation
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in accordance with the Florida Family Law Rules of Procedure.
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Section 3. For the purpose of incorporating the amendment
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made by this act to section 752.011, Florida Statutes, in a
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reference thereto, section 752.071, Florida Statutes, is
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reenacted to read:
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752.071 Effect of adoption by stepparent or close
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relative.—After the adoption of a minor child by a stepparent or
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close relative, the stepparent or close relative may petition
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the court to terminate an order granting grandparent visitation
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under this chapter which was entered before the adoption. The
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court may terminate the order unless the grandparent is able to
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show that the criteria of s. 752.011 authorizing the visitation
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continue to be satisfied.
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This act shall take effect July 1, 2026. Section 4.