Florida HB 861: Local Government Financial Reporting

Bill Text

HB 861 2026

CODING: Words stricken are deletions; words underlined are additions.
hb861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to grandparent visitation rights; 2
amending s. 752.011, F.S.; authorizing a grandparent 3
of a minor child to petition a court for court-ordered 4
visitation with the child in certain circumstances; 5
making technical changes; reenacting ss. 752.015 and 6
752.071, F.S., relating to mediation of visitation 7
disputes and the effect of adoption by a stepparent or 8
close relative, respectively, to incorporate the 9
amendment made to s. 752.011, F.S., in references 10
thereto; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 752.011, Florida Statutes, is amended 15
to read: 16
752.011 Petition for grandparent visitation with a minor 17
child.— 18
(1)(a) A grandparent of a minor child whose parents are 19
deceased, missing, or in a persistent vegetative state may 20
petition the court for court-ordered visitation with the child 21
under this section., or 22
(b) A grandparent of a minor child whose one parent is 23
deceased, missing, or in a persistent vegetative state and whose 24
other parent has been convicted of a felony or an offense of 25

HB 861 2026

CODING: Words stricken are deletions; words underlined are additions.
hb861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

violence evincing behavior that poses a substantial threat of 26
harm to the minor child's health or welfare, may petition the 27
court for court-ordered visitation with the child grandchild 28
under this section. 29
(c) A grandparent of a minor child whose one parent is 30
deceased, missing, or in a persistent vegetative state may 31
petition the court for court-ordered visitation with the child 32
under this section if: 33
1. The child resided in the same household as the 34
grandparent for at least 6 months during the 12-month period 35
immediately preceding the parent's death, disappearance, or 36
persistent vegetative state; 37
2. The child did not live in the same household as the 38
other parent for at least 6 months during that preceding 12-39
month period; and 40
3. Eliminating the child's contact with the grandparent 41
would pose a substantial threat of harm to the physical, mental, 42
or emotional well-being of the child. 43
(2)(1) Upon the filing of a petition by a grandparent for 44
visitation, the court shall hold a preliminary hearing to 45
determine whether the petitioner has made a prima facie showing 46
of parental unfitness or significant harm to the child. Absent 47
such a showing, the court shall dismiss the petition and may 48
award reasonable attorney fees and costs to be paid by the 49
petitioner to the respondent. 50

HB 861 2026

CODING: Words stricken are deletions; words underlined are additions.
hb861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(3)(2) Notwithstanding subsection (2) (1), if the court 51
finds that one parent of a child has been held criminally liable 52
for the death of the other parent of the child or civilly liable 53
for an intentional tort causing the death of the other parent of 54
the child, there is a presumption for granting reasonable 55
visitation with the petitioning grandparent or stepgrandparent 56
if he or she is the parent of the child's deceased parent. This 57
presumption may only be overcome if the court finds that 58
granting such visitation is not in the best interests of the 59
child. 60
(4)(3) If the court finds that there is prima facie 61
evidence that a parent is unfit or that there is significant 62
harm to the child, the court may appoint a guardian ad litem and 63
must shall refer the matter to family mediation as provided in 64
s. 752.015. If family mediation does not successfully resolve 65
the issue of grandparent visitation, the court must shall 66
proceed with a final hearing. 67
(5)(4) After conducting a final hearing on the issue of 68
visitation, the court may award reasonable visitation to the 69
grandparent with respect to the minor child if the court finds 70
by clear and convincing evidence that a parent is unfit or that 71
there is significant harm to the child, that visitation is in 72
the best interests interest of the minor child, and that the 73
visitation will not materially harm the parent-child 74
relationship. 75

HB 861 2026

CODING: Words stricken are deletions; words underlined are additions.
hb861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(6)(5) In assessing the best interests of the child under 76
subsection (5) (4), the court shall consider the totality of the 77
circumstances affecting the mental and emotional well-being of 78
the minor child, including: 79
(a) The love, affection, and other emotional ties existing 80
between the minor child and the grandparent, including those 81
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