Florida 2020 Regular Session Status: In Committee

SB 1886 — Grandparent Visitation Rights

Last action — Died in Judiciary

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Grandparent Visitation Rights; Authorizing a grandparent of a minor child whose parent was the victim of a murder to petition the court for court-ordered visitation with the child under certain circumstances; removing the requirement that a grandparent petitioning the court for court-ordered visitation with a minor child make a prima facie showing of significant harm to the child in a preliminary hearing on such petition and instead requiring the grandparent to make a prima facie showing of other specified conditions, etc.

Bill Text

What changed in the latest version

179 added · 179 removed

179 line(s) added, 179 removed.

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Florida Senate - 2020 SB 1886 By Senator Brandes 24-01788A-20 20201886__ A bill to be entitled An act relating to grandparent visitation rights;
Florida Senate - 2020 CS for SB 1886 By the Committee on Children, Families, and Elder Affairs;
and Senator Brandes 586-03123-20 20201886c1 A bill to be entitled An act relating to grandparent visitation rights;
removing the requirement that a grandparent petitioning the court for court-ordered visitation with a minor child make a prima facie showing of parental unfitness or significant harm to the child in a preliminary hearing on such petition and instead requiring the grandparent to make a prima facie showing of other specified conditions;
removing the requirement that a grandparent petitioning the court for court-ordered visitation with a minor child make a prima facie showing of significant harm to the child in a preliminary hearing on such petition and instead requiring the grandparent to make a prima facie showing of other specified conditions;
17 WHEREAS, Florida law permits case-by-case judicial review of grandparent visitation in very limited circumstances under s.
16 WHEREAS, Florida law permits case-by-case judicial review of grandparent visitation in very limited circumstances under s.
rather, it simply allows courts to review the case and determine what is both safe and in the best interest of the child involved, and WHEREAS, in the best interest of a child who is already dealing with complex grief at the loss of a parent and, further, in the interest of justice under circumstances where criminal proceedings are ongoing or anticipated, courts should have the authority to review grandparent petitions for visitation, and WHEREAS, giving courts the authority to review grandparent petitions for visitation would prevent the separation of children and families while the justice system reviews cases, and could further disincentivize or deter criminal action in divorce and custody cases, NOW, THEREFORE, 39 Be It Enacted by the Legislature of the State of Florida:
rather, it simply allows courts to review the case and determine what is both safe and in the best interest of the child involved, and WHEREAS, in the best interest of a child who is already dealing with complex grief at the loss of a parent and, further, in the interest of justice under circumstances where criminal proceedings are ongoing or anticipated, courts should have the authority to review grandparent petitions for visitation, and WHEREAS, giving courts the authority to review grandparent petitions for visitation would prevent the separation of children and families while the justice system reviews cases, and could further disincentivize or deter criminal action in divorce and custody cases, NOW, THEREFORE, 38 Be It Enacted by the Legislature of the State of Florida:
41 Section 1. Section 752.011, Florida Statutes, is amended to read:
40 Section 1. Section 752.011, Florida Statutes, is amended to read:
(3)(2) If the court finds that there is prima facie evidence of one of the conditions in subsection (1) that a parent is unfit or that there is significant harm to the child, the court may appoint a guardian ad litem and shall refer the matter to family mediation as provided in s.
(3)(2) If the court finds that there is prima facie evidence of one of the conditions in subsection (1) and that a parent is unfit or that there is significant harm to the child, the court may appoint a guardian ad litem and shall refer the matter to family mediation as provided in s.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the conditions under which grandparents can petition for visitation rights with minors by removing the requirement of showing significant harm and specifying circumstances related to a deceased parent's murder.

  • Section 752.011

    parental unfitness or significant harm to the child → one of the conditions in subsection (1)

    The bill changes the standard for grandparents seeking visitation from having to show significant harm to making a prima facie showing of other specified conditions.

  • Section 752.011

    the whose parents of the minor child are deceased, → whose parents of the minor child are deceased,

    Clarifies the language regarding the circumstances under which grandparents can petition for visitation.

  • Section 752.011

    may petition the court for court-ordered visitation with the grandchild under this section. → may petition the court for court-ordered visitation with the minor child if:

    Clarifies that the petition for visitation is conditional based on specific circumstances.

  • Section 752.011(2)(1)

    the court shall hold a preliminary hearing to determine whether the petitioner has made a prima facie showing of one of the conditions in subsection (1) → the court shall hold a preliminary hearing to determine whether the petitioner has made a prima facie showing of one of the conditions in subsection (1)

    Retains the requirement for a preliminary hearing but modifies the standard to focus on specific conditions.

  • Section 752.011(4)(3)

    the court may award reasonable visitation to the grandparent with respect to the minor child if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child → the court may award reasonable visitation to the grandparent with respect to the minor child if the court finds that visitation is in the best interest of the minor child

    The court's authority to award visitation is expanded to focus more on the best interest of the child rather than just parental unfitness or significant harm.

Action History

  1. Died in Judiciary

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Judiciary

  4. CS by Children, Families, and Elder Affairs read 1st time

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Children, Families, and Elder Affairs; YEAS 6 NAYS 0

  7. On Committee agenda-- Children, Families, and Elder Affairs, 02/04/20, 12:30 pm, 301 Senate Building

  8. Introduced

  9. Referred to Children, Families, and Elder Affairs; Judiciary; Rules

  10. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 1886 do?
Grandparent Visitation Rights; Authorizing a grandparent of a minor child whose parent was the victim of a murder to petition the court for court-ordered visitation with the child under certain circumstances; removing the requirement that a grandparent petitioning the court for court-ordered visitation with a minor child make a prima facie showing of significant harm to the child in a preliminary hearing on such petition and instead requiring the grandparent to make a prima facie showing of other specified conditions, etc.
Who sponsors SB 1886?
SB 1886 is sponsored by Brandes.
What is the current status of SB 1886?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1886?
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