FL S0368

Repeals existing grandparent visitation statute and replaces it with new provisions allowing grandparents to petition for court-ordered visitation when both parents are deceased, missing, or in persistent vegetative state, or when one parent meets those conditions and the other parent has been convicted of a felony or offense of violence.

Requires a preliminary hearing to determine if grandparent has made prima facie showing of parental unfitness or significant harm to child; dismisses petition and may award attorney fees to respondent if showing is not made.

Establishes factors for court to consider in determining best interest of child and whether visitation would materially harm parent-child relationship, including child's emotional ties to grandparent, length and quality of prior relationship, and child's preferences if sufficiently mature.

Limits original visitation actions by grandparent to once per 2-year period except upon good cause showing that child is suffering demonstrable mental or emotional harm.

Allows stepparent or close relative adoptive parent to petition to terminate grandparent visitation order entered before adoption unless grandparent shows original eligibility criteria continue to be satisfied.