Florida/Georgia Personal Injury & Workers Compensation

Specifically, we address only the 1993 amendment to section 752.01 of the Florida Statutes. Prior to such modification

...HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur. NOTES [1] Originally found in subsection 61.13(2)(b), Florida Statutes (Supp.1978), a modified version of this statute now appears in subsection 61.13(2)(b)2.c., Florida Statutes (1997). [2] Section 752.001, Florida Statutes (1993), broadly defines grandparent to include a great-grandparent....

petitioned the court for visitation under section 752.01(1)(b), Florida Statutes (1997), a statute which

grandparents. § 752.01(1), Fla. Stat. (1997). Von Eiff involved a challenge to section 752.01(1)(a) and Beagle

Mrs. Sketo's two *382 children pursuant to section 752.01, Florida Statutes (1987). She argues that the

Florida Statutes (2003). Until recent amendments, section 752.01 provided: (1) The court shall, upon petition

1998), in which the Fourth District declared section 752.01(1)(d), Florida Statutes (1995), of the grandparent

parent, grandparent, nor great-grandparent. See § 752.01, Fla. Stat. (1991). Visitation rights are, with

law certiorari jurisdiction and declare that section 752.01(1)(b), Florida Statutes (1997), is unconstitutional

grandson appeals the trial court's order declaring section 752.01(1)(d), Florida Statutes (1995), unconstitutional

parent, grandparent, nor great-grandparent. See § 752.01, Fla. Stat. (1991). Visitation rights are, with

the grandparent's visitation rights, under section 752.01(1)(a), Florida Statutes (1997), which provides

visitation statutes.[1] The Beagle court held that section 752.01(1)(e) was facially unconstitutional, explaining

the supreme court found paragraph (1)(e) of section 752.01, Florida Statutes (1995), to impermissibly

719 So.2d 1236 (Fla. 1st DCA 1998)(declaring section 752.01(1)(b), unconstitutional as applied, where divorced

compel visitation under section 752.01(1)(a), Florida Statutes (1995). Section 752.01(1)(a) provides for reasonable

seek review of the trial court's order finding section 752.01(1)(e) to be facially unconstitutional because

the father's parental rights, for purposes of section 752.01(1)(a), Florida Statutes, is essentially equivalent

§ 752.07, Fla. Stat. (1984 Supp.). However, section 752.01(2), Florida Statutes (1984 Supp.) states it

petitioned the court for visitation pursuant to section 752.01(1)(b), Florida Statutes (1997),[1] a statute

this action seeking visitation pursuant to section 752.01, Florida Statutes (1995), which provides: Action

operation of section 63.172 and the failure of section 752.01(2) to provide for grandparental visitation

granting visitation pursuant to the provisions of Section 752.01(1)(c), Florida Statutes (1985). On the cross-appeal

719 So.2d 1236 (Fla. 1st DCA 1998)(declaring section 752.01(l)(b), unconstitutional as applied, where divorced

addressing grandparent visitation issues under section 752.01, Florida Statutes, in Beagle v. Beagle, supra

Brunetti, 753 So.2d 26 (Fla.2000) (holding section 752.01(1)(d), Florida Statutes (1995), unconstitutional);

So.2d 510, 511 (Fla.1998), which held that section 752.01(1)(a), Florida Statutes (1993), was unconstitutional

costs and expenses. It is true that pursuant to section 752.01, grandparents may be ordered to contribute

great-grandparents have here sought to do, is apparent from section 752.01, Florida Statutes (1987). That statute permits

735 So.2d 1287 (Fla.1999), we concluded that section 752.01(1)(d), Florida Statutes (1997), authorizing

grandparent. Specifically, the court concluded that section 752.01(l)(a), Florida Statutes (1993), which authorized

provision of the grandparent visitation statute, section 752.01(1)(a), Florida Statutes. We reverse. As the

Florida’s right of privacy was violated by section 752.01(l)(a), Florida Statutes (1993), which mandated

...a parent's fundamental right to raise his or her child without governmental interference. [3] It is not clear whether her husband was the children's natural grandfather. [4] "Grandparent" is defined under the statute to include a great-grandparent. § 752.001, Fla.Stat....

could be awarded reasonable visitation rights. § 752.01, Fla. Stat. (1985). Pamela remarried and in April

Fisher, 390 So.2d 142 (Fla. 3d DCA 1980). Cf. Section 752.01(1), Florida Statutes. However, additional facts

grandparental visitation rights pursuant to Section 752.01, Florida Statutes (1987). We affirm. Henry

Chapter 61 of the Florida Statutes, and not Section 752.01" the court found "no reason to deviate from

the trial court denied the motion finding: 1. Section 752.01 et seq. of the Florida Statutes does not authorize

So.2d 510, 511 (Fla.1998), which held that section 752.01(1)(a), Florida Statutes (1993), was unconstitutional

denying a motion to declare unconstitutional, section 752.01(1)(b), Florida Statutes (1997). We decline

Brunetti, 753 So.2d 26 (Fla. 2000) (former section 752.01(1)(d), authorizing grandparent visitation where

certified question here, as we did in Von Eiff: IS SECTION 752.01(1)(a), FLORIDA STATUTES (1993), FACIALLY UNCONSTITUTIONAL

720 So.2d 510, 511 (Fla.1998) (holding that section 752.01(1)(a), Florida Statutes (1993), is unconstitutional

there are two sources of such authority. One is section 752.01(1)(c), Florida Statutes. This section permits

addressing grandparent visitation issues under section 752.01, Florida Statutes, in Beagle v. Beagle, supra

grandparents pursuant to section 61.13(2)(b)2 c and section 752.01(1)(b), Florida Statutes (1987). We affirm.

720 So.2d 510, 511 (Fla.1998) (holding that section 752.01(l)(a), Florida Statutes (1993), is unconstitutional

..._______________________________ and date of last known address: __________________________________. c. _____ in a persistent vegetative state since {date} ______________________________ pursuant to section 752.001, Florida Statutes. If the minor child(ren) has/have one parent who is not deceased, missing, or in a persistent vegetative state: [Select One] d....

..._______________________________ and date of last known address: __________________________________. c. _____ in a persistent vegetative state since {date} ______________________________ pursuant to section 752.001, Florida Statutes. If the minor child(ren) has/have one parent who is not deceased, missing, or in a persistent vegetative state: [Select One] d....

court's Von Eiff decision, the majority found section 752.01(1)(a) to be facially constitutional and not

Yuen-Chon, to apply for visitation rights under section 752.01, Florida Statutes (1987). AFFIRMED. ANSTEAD

grandparent’s visitation and other relief, pursuant to section 752.01, Florida Statutes (1995). At that time, the

Brunetti, 753 So.2d 26 (Fla.2000) (holding section 752.01(1)(d), Florida Statutes (1995), unconstitutional);

...____________________________________ and date of last known address: __________________________________. c. _____ in a persistent vegetative state since {date} _________________________ pursuant to section 752.001, Florida Statutes. If the minor child(ren) has/have one parent who is not deceased, missing, or in a persistent vegetative state: [Select One] d....

Smith sought grandparent visitation pursuant to section 752.01(l)(d), Florida Statutes (1999),1 stating that

pursuant to section 752.01(1)(a), Florida Statutes (1997).1 He argues that section 752.01(1)(a) is unconstitutional

739 So.2d 650 (Fla. 2d DCA 1999), holding section 752.01(1)(b) Florida Statutes (1997), unconstitutional

..._______________________________________ and date of last known address: __________________________________. c. _____ in a persistent vegetative state since {date} ______________________ pursuant to section 752.001, Florida Statutes. If the minor child(ren) has/have one parent who is not deceased, missing, or in a persistent vegetative state: [Select One] d....

the father’s parental rights, for purposes of section 752.01(l)(a), Florida Statutes, is essentially equivalent

736 So.2d 1287 (Fla.1999), we concluded that section 752.01(1)(d), Florida Statutes (1997), authorizing

visitation rights to the maternal grandparents, § 752.01, Fla.Stat. (1993), and remand this cause for an

(holding facially unconstitutional provision of section 752.01(1) relating to visitation where child was born

Beagle was the 1993 amendment to section 752.01, Florida Statutes, which allowed grandparents

Kunst v. Kunst, 551 So.2d 522 (Fla. 3d DCA 1989); § 752.01(2), Fla. Stat. (1991). See generally Michael J

where a child has been born out of wedlock. Id. § 752.01(f).1 In each of the four enumerated situations

Williams, petitioned the court under Florida Statute § 752.01 for visitation with their granddaughter Rowan