Florida Senate - 2009                                     SB 528
       
       
       
       By Senator Jones
       
       
       
       
       13-00462-09                                            2009528__
    1                        A bill to be entitled                      
    2         An act relating to sexual battery; amending s. 39.806,
    3         F.S.; providing grounds for terminating parental
    4         rights based on sexual battery that results in the
    5         birth of a child; amending s. 39.811, F.S.; conforming
    6         a cross-reference; amending s. 775.089, F.S.;
    7         requiring a court to retain jurisdiction for the
    8         purpose of enforcing a restitution order for sexual
    9         battery that results in the birth of a child; creating
   10         s. 794.057, F.S.; authorizing a court to order
   11         restitution to pay for the monetary expenses of the
   12         child; providing an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Paragraph (m) is added to subsection (1) of
   17  section 39.806, Florida Statutes, and subsection (2) of that
   18  section is amended, to read:
   19         39.806 Grounds for termination of parental rights.—
   20         (1) Grounds for the termination of parental rights may be
   21  established under any of the following circumstances:
   22         (m)The parent has pled guilty or nolo contendere to, or is
   23  convicted of, a sexual battery as defined in s. 794.011, or an
   24  act committed outside this state which would be a sexual battery
   25  if committed in this state, which results in the victim giving
   26  birth to a child.
   27         (2) Reasonable efforts to preserve and reunify families are
   28  not required if a court of competent jurisdiction has determined
   29  that any of the circumstances events described in subsection (1)
   30  paragraphs (1)(e)-(l) have occurred.
   31         Section 2. Subsection (6) of section 39.811, Florida
   32  Statutes, is amended to read:
   33         39.811 Powers of disposition; order of disposition.—
   34         (6) The parental rights of one parent may be severed
   35  without severing the parental rights of the other parent only
   36  under the following circumstances:
   37         (a) If the child has only one surviving parent;
   38         (b) If the identity of a prospective parent has been
   39  established as unknown after sworn testimony;
   40         (c) If the parent whose rights are being terminated became
   41  a parent through a single-parent adoption;
   42         (d) If the protection of the child demands termination of
   43  the rights of a single parent; or
   44         (e) If the parent whose rights are being terminated meets
   45  any of the circumstances criteria specified in s. 39.806(1)(d)
   46  and (f)-(m) (f)-(l).
   47         Section 3. Subsection (3) of section 775.089, Florida
   48  Statutes, is amended to read:
   49         775.089 Restitution.—
   50         (3)(a) The court may require that the defendant make
   51  restitution under this section within a specified period or in
   52  specified installments.
   53         (a)(b) The end of such period or the last such installment
   54  may shall not be later than:
   55         1. The end of the period of probation if probation is
   56  ordered;
   57         2. Five years after the end of the term of imprisonment
   58  imposed if the court does not order probation; or
   59         3. Five years after the date of sentencing in any other
   60  case.
   61         (b)(c)Notwithstanding this subsection, A court that has
   62  ordered restitution for a misdemeanor offense shall retain
   63  jurisdiction for up to 5 years for the purpose of enforcing the
   64  restitution order for any period, not to exceed 5 years, that is
   65  pronounced by the court at the time restitution is ordered.
   66  However, for the purpose of enforcing a restitution order, a
   67  court that has ordered restitution for the offense of sexual
   68  battery pursuant to s. 794.057 shall retain jurisdiction until
   69  restitution is made.
   70         (c)(d) If not otherwise provided by the court under this
   71  subsection, restitution must be made immediately.
   72         (d) If the restitution ordered by the court is not made
   73  within the time period specified, the court may continue the
   74  restitution order through the duration of the civil judgment
   75  provision set forth in subsection (5) and as provided in s.
   76  55.10.
   77         Section 4. Section 794.057, Florida Statutes, is created to
   78  read:
   79         794.057Restitution for sexual battery.—If a child is born
   80  as the result of a sexual battery, the court may order the
   81  defendant to make restitution to the victim pursuant to s.
   82  775.089 for the monetary expenses related to the support of the
   83  child, unless the parental rights of the victim have been
   84  terminated pursuant to chapter 39. This section does not
   85  preclude the court from ordering any other restitution that the
   86  victim of a sexual battery may be entitled pursuant to s.
   87  775.089 regardless of whether a child is born. If restitution is
   88  ordered under this section:
   89         (1)The court shall give consideration to the child support
   90  guideline schedules provided in s. 61.30 when determining the
   91  amount of restitution.
   92         (2)The amount may not be reduced due to the offender's
   93  inability to pay.
   94         Section 5. This act shall take effect July 1, 2009.