A bill that would enable more grandparents to petition for visitation of their grandchildren after a tragic family event is again up for consideration.
Sen. Danny Burgess has refiled legislation (SB 674), which aims to expand a 2022 law he supported that empowered grandparents to petition for visitation in cases where one parent was found criminally liable for the other parent’s death.
Under SB 674, a grandparent may seek visitation under additional circumstances if one parent is deceased, missing or in a persistent vegetative state if three conditions are met:
— The child lived with the grandparent for at least six months during the year before the parent died, disappeared or was medically incapacitated.
— The child did not live in the same household as the other parent for at least six months during the preceding 12-month period.
— Eliminating the child’s contact with the grandparent would pose a “substantial threat of harm to the physical, mental, or emotional well-being of the child.”
SB 674 maintains the requirement for a preliminary hearing to determine whether a case can be made that the other parent is unfit or poses a threat of significant harm to the child.
If the case proceeds, the court may appoint a guardian ad litem, order mediation and ultimately grant visitation if there is clear and convincing evidence that it is in the child’s best interest and will not materially harm the parent-child relationship. If no such case can be made, the petition is dismissed and attorneys fees may be awarded.
Burgess, a Zephyrhills Republican, said in a statement that SB 674’s inspiration came from “a deeply troubling situation” a constituent of his shared that “underscores the need for clearer protections for children.”
“A child who has been living with and supported by a grandparent was later cut off from that relationship, and the emotional fallout has been profound. No child should suffer unnecessarily when a simple visitation could help support their wellbeing,” he said.
“Our courts should always focus on a child’s well-being, especially after the trauma of losing a parent. … This is about safeguarding kids who are already navigating profound loss. We can and should give our courts the tools needed to keep children connected to the people who love them most.”
SB 674 is virtually identical to twin bills Burgess and Kissimmee Democratic Rep. Jose Alvarez carried during the 2025 Session, both of which died unheard.
Florida Politics asked Alvarez whether he plans to refile his version of the bill and will update this report. As of 1:30 p.m. Monday, SB 674 has no House companion.
The 2022 law, sponsored by former Gainesville Republican Sen. Keith Perry and Tampa Republican Rep. Jackie Toledo, followed the murder of Florida State University law professor Dan Markel.
Markel was shot in his driveway in 2014 in what prosecutors called a murder-for-hire scheme orchestrated by his ex-mother-in-law, Donna Adelson, who was sentenced to life in prison in October. Adelson has since filed a motion to appeal.
Markel’s parents, Ruth and Phil, were kept from visiting their grandsons for years with no legal recourse to seek visitation. The 2022 law was named the “Markel Act” in their honor.
SB 674, filed Dec. 1, awaits committee referrals. The deadline to file a House companion is 6 p.m. on Jan. 9, four days before the beginning of the 2026 Legislation Session.
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Janelle Irwin Taylor of Florida Politics contributed to this report.