ANTHONY PERSICO, ET AL., PETITIONERS,
v.
ROBERT RUSSO, RESPONDENT
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The court held that section 752.01(1)(a), Florida Statutes (1993), is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, Section 23 of the Florida Constitution.
The Fourth District Court of Appeal certified a question regarding the constitutionality of grandparent visitation statutes when a parent is deceased …
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PARIENTE, Justice.
We have for review a decision certifying the following question to be of great public importance: MAY THE STATE CONSTITUTIONALLY REQUIRE REASONABLE GRANDPARENT VISITATION WHERE ONE OF THE PARENTS OF A CHILD IS DECEASED AND VISITATION IS DETERMINED TO BE IN THE BEST INTEREST OF THE CHILD?
Russo v. Persico, 706 So. 2d 933, 934 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We resolved this issue in Von Eiff v. Azicri, 720 So. 2d 510, 23 Fla.L. Weekly S583 (Fla.1998). We rephrase the certified question here, as we did in Von Eiff:
IS SECTION 752.01(l)(a), FLORIDA STATUTES (1993), FACIALLY UNCONSTITUTIONAL BECAUSE IT IMPER-MISSIBLY INFRINGES ON PRIVACY RIGHTS PROTECTED BY ARTICLE I, SECTION 23 OF THE FLORIDA CONSTITUTION?
For the reasons stated in our decision in Von Eiff, we answer the rephrased question in the affirmative, and approve the decision below.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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M.S. v. D.C., Jr., 763 So. 2d 1051 (Fla. 4th DCA 1999)…utes, which permitted court ordered grandparent visitation where one parent is deceased, unconstitutional as violative of the surviving parent’s privacy rights guaranteed by article I, section 23 of the Florida Constitution. Accord Persico v. Russo, 721 So. 2d 302 (Fla.1998); see also Beagle v. Beagle, 678 So. 2d 1271 (Fla.1996)(statute permitting court ordered grandparent visitation in intact family held unconstitutional as impermissibly infringing on privacy rights). The termination of the father’s parenta…
Authorities Cited
- von Eiff v. Leonor Azicri and Roberto Azicri, 720 So. 2d 510 (Fla. 1998)
- State v. Evans, 706 So. 2d 933 (Fla. 2d DCA 1998)