Florida Senate - 2012                             CS for SB 1686
       
       
       
       By the Committee on Judiciary; and Senator Fasano
       
       
       
       
       590-03627-12                                          20121686c1
    1                        A bill to be entitled                      
    2         An act relating to effects of crimes; amending s.
    3         61.075, F.S.; providing that a court may not make an
    4         equitable distribution of property in a dissolution of
    5         marriage to a party convicted of certain offenses
    6         concerning the other party; amending s. 61.08, F.S.;
    7         prohibiting persons convicted of specified crimes
    8         after a marriage from receiving alimony; defining the
    9         term “family member”; creating s. 732.8025, F.S.;
   10         providing that a parent who is convicted of specified
   11         offenses against a minor child loses all right to the
   12         intestate succession in the child’s estate and all
   13         right to administer the estate; providing an exception
   14         if a court determines that the parent-child
   15         relationship was subsequently restored; providing for
   16         distribution of that share of the estate; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (12) is added to section 61.075,
   22  Florida Statutes, to read:
   23         61.075 Equitable distribution of marital assets and
   24  liabilities.—
   25         (12) The court may not make an equitable distribution of
   26  property to a party convicted of an offense involving an attempt
   27  or conspiracy to murder the other party.
   28         Section 2. Subsection (1) of section 61.08, Florida
   29  Statutes, is amended to read:
   30         61.08 Alimony.—
   31         (1)(a) In a proceeding for dissolution of marriage, the
   32  court may grant alimony to either party, which alimony may be
   33  bridge-the-gap, rehabilitative, durational, or permanent in
   34  nature or any combination of these forms of alimony.
   35         (b) In any award of alimony, the court may order periodic
   36  payments or payments in lump sum or both.
   37         (c) The court may consider the adultery of either spouse
   38  and the circumstances thereof in determining the amount of
   39  alimony, if any, to be awarded.
   40         (d)1. A person convicted, as defined in s. 944.606, of
   41  first degree or second degree murder in violation of s. 782.04,
   42  manslaughter in violation of s. 782.07, DUI manslaughter in
   43  violation of s. 316.193(3)(c)3., BUI manslaughter in violation
   44  of s. 327.35(3)(c)3., aggravated assault in violation of s.
   45  784.021, or a substantially similar offense under the laws of
   46  another jurisdiction may not receive alimony if:
   47         a. The crime results in death or creates a substantial risk
   48  of death or serious personal disfigurement, or protracted loss
   49  or impairment of the function of any bodily member or organ, of
   50  a family member of a divorcing party. For purposes of this sub
   51  subparagraph, the term “family member” means a spouse, child,
   52  parent, or sibling, whether the individual is related by blood,
   53  marriage, or adoption; and
   54         b. The crime was committed after the marriage.
   55         2. A person convicted of an attempt or conspiracy to commit
   56  murder may not receive alimony from the person who was the
   57  intended victim of the attempt or conspiracy.
   58         (e) In all dissolution actions, the court shall include
   59  findings of fact relative to the factors enumerated in
   60  subsection (2) supporting an award or denial of alimony.
   61         Section 3. Section 732.8025, Florida Statutes, is created
   62  to read:
   63         732.8025 Parental offenses against minor child; effect on
   64  child’s estate.—
   65         (1) A parent who is convicted of abusing, abandoning, or
   66  neglecting a minor child as defined in s. 39.01, committing a
   67  violation of s. 827.03 against the child, or sexually abusing
   68  the minor child as defined in s. 39.01, shall lose all right to
   69  the intestate succession in any part of the child’s estate and
   70  all rights to administer the estate of the child, unless a court
   71  determines that the parent and child had subsequently reconciled
   72  and the parent-child relationship was restored.
   73         (2) If a parent is disqualified from taking a distributive
   74  share in the decedent’s estate under this section, the
   75  decedent’s estate shall be distributed as though the parent had
   76  predeceased the decedent.
   77         Section 4. This act shall take effect July 1, 2012.