| 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 rights |
| 4 | based on sexual battery; creating s. 794.057, F.S.; |
| 5 | authorizing restitution to the victim of sexual battery |
| 6 | to pay for the expenses of the child; providing an |
| 7 | effective date. |
| 8 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 11 | Section 1. Paragraph (j) is added to subsection (1) of |
| 12 | section 39.806, Florida Statutes, to read: |
| 13 | 39.806 Grounds for termination of parental rights.-- |
| 14 | (1) Grounds for the termination of parental rights may |
| 15 | be established under any of the following circumstances: |
| 16 | (j) When the parent has pled guilty or nolo contendere |
| 17 | to, or is convicted of, a sexual battery as defined in s. |
| 18 | 794.011 or of an act committed outside this state which would |
| 19 | be a sexual battery if committed in this state, which results |
| 20 | in the victim giving birth to a child. |
| 21 | Section 2. Section 794.057, Florida Statutes, is created |
| 22 | to read: |
| 23 | 794.057 Restitution for sexual battery.--If a child is |
| 24 | conceived as the result of a sexual battery, the court may |
| 25 | order the defendant to pay restitution to the victim pursuant |
| 26 | to s. 775.089 for the monetary expenses related to the support |
| 27 | of the child. If restitution is ordered: |
| 28 | (1) The court shall give consideration to the child |
| 29 | support guideline schedules provided in s. 61.30 when |
| 30 | determining the amount of restitution. |
| 31 | (2) Payments shall be remitted to the clerk of the court |
| 32 | where the conviction was entered and paid by the clerk of the |
| 33 | court to the State Disbursement Unit for child support |
| 34 | payments established under s. 409.2559. The State Disbursement |
| 35 | Unit shall distribute the payment in the same manner as a |
| 36 | child support payment and without regard to the termination of |
| 37 | the obligor's parental rights. |
| 38 | (3) The amount may not be reduced due to the offender's |
| 39 | inability to pay. |
| 40 | Section 3. This act shall take effect July 1, 2008. |