The bill amends Section 752.011 of the Florida Statutes to revise the criteria under which a grandparent can petition for visitation with a minor child. The new language allows a grandparent to petition if the minor child's parents are divorced or if one or both parents are deceased, missing, or in a persistent vegetative state. The bill also changes the preliminary hearing requirements, stating that the court must determine if the petitioner's claims meet the new criteria, rather than focusing on parental unfitness or significant harm to the child. Additionally, the court is now required to appoint a guardian ad litem and refer the matter to family mediation under certain circumstances.

Further revisions include the court's authority to award visitation based on clear and convincing evidence that the new criteria are met, emphasizing the best interests of the child and the potential impact on the parent-child relationship. The bill also introduces a provision that allows for the modification of visitation orders if there is a substantial change in circumstances. Importantly, it limits the ability of grandparents to file for visitation to once every two years, unless there is evidence of significant emotional harm to the child due to denied visitation. The act is set to take effect on July 1, 2025.

Statutes affected:
S 246 Filed: 752.011