| 1 | A bill to be entitled |
| 2 | An act relating to effects of crimes; amending s. 61.075, |
| 3 | F.S.; providing that a court may not make an equitable |
| 4 | distribution of property in a dissolution of marriage to a |
| 5 | party convicted of certain offenses concerning the other |
| 6 | party; amending s. 61.08, F.S.; prohibiting persons |
| 7 | convicted of specified crimes after a marriage from |
| 8 | receiving alimony; creating s. 732.8025, F.S.; providing |
| 9 | that a parent who commits specified offenses against a |
| 10 | minor child shall lose all right to the intestate |
| 11 | succession in the child's estate and all right to |
| 12 | administer the estate; providing for distribution of that |
| 13 | share of the estate; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (12) is added to section 61.075, |
| 18 | Florida Statutes, to read: |
| 19 | 61.075 Equitable distribution of marital assets and |
| 20 | liabilities.- |
| 21 | (12) The court may not make an equitable distribution of |
| 22 | property to a party convicted of an offense involving an attempt |
| 23 | or conspiracy to murder the other party. |
| 24 | Section 2. Subsection (1) of section 61.08, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 61.08 Alimony.- |
| 27 | (1)(a) In a proceeding for dissolution of marriage, the |
| 28 | court may grant alimony to either party, which alimony may be |
| 29 | bridge-the-gap, rehabilitative, durational, or permanent in |
| 30 | nature or any combination of these forms of alimony. |
| 31 | (b) In any award of alimony, the court may order periodic |
| 32 | payments or payments in lump sum or both. |
| 33 | (c) The court may consider the adultery of either spouse |
| 34 | and the circumstances thereof in determining the amount of |
| 35 | alimony, if any, to be awarded. |
| 36 | (d)1. A person convicted, as defined in s. 944.606, of |
| 37 | first degree or second degree murder in violation of s. 782.04, |
| 38 | manslaughter in violation of s. 782.07, DUI manslaughter in |
| 39 | violation of s. 316.193(3)(c)3., BUI manslaughter in violation |
| 40 | of s. 327.35(3)(c)3., aggravated assault in violation of s. |
| 41 | 784.021, or a substantially similar offense under the laws of |
| 42 | another jurisdiction may not receive alimony if: |
| 43 | a. The crime results in death or creates a substantial |
| 44 | risk of death or serious personal disfigurement, or protracted |
| 45 | loss or impairment of the function of any bodily member or |
| 46 | organ, of a family member of a divorcing party. For purposes of |
| 47 | this sub-subparagraph, the term "family member" means a spouse, |
| 48 | child, parent, sibling, aunt, uncle, niece, nephew, first |
| 49 | cousin, grandparent, grandchild, father-in-law, mother-in-law, |
| 50 | son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, |
| 51 | stepsister, half brother, or half sister, whether the individual |
| 52 | is related by blood, marriage, or adoption; and |
| 53 | b. The crime was committed after the marriage. |
| 54 | 2. A person convicted of an attempt or conspiracy to |
| 55 | commit murder may not receive alimony from the person who was |
| 56 | the intended victim of the attempt or conspiracy. |
| 57 | (e) In all dissolution actions, the court shall include |
| 58 | findings of fact relative to the factors enumerated in |
| 59 | subsection (2) supporting an award or denial of alimony. |
| 60 | Section 3. Section 732.8025, Florida Statutes, is created |
| 61 | to read: |
| 62 | 732.8025 Parental offenses against minor child; effect on |
| 63 | child's estate.- |
| 64 | (1) A parent who abused, abandoned, or neglected the minor |
| 65 | child as defined in s. 39.01, committed a violation of s. 827.03 |
| 66 | against the child, or sexually abused the minor child as defined |
| 67 | in s. 39.01 shall lose all right to the intestate succession in |
| 68 | any part of the child's estate and all right to administer the |
| 69 | estate of the child. |
| 70 | (2) If a parent is disqualified from taking a distributive |
| 71 | share in the decedent's estate under this section, the |
| 72 | decedent's estate shall be distributed as though the parent had |
| 73 | predeceased the decedent. |
| 74 | (3) A sibling of the half blood of the decedent whose |
| 75 | parent is disqualified may not take a distributive share in the |
| 76 | decedent's estate. |
| 77 | Section 4. This act shall take effect July 1, 2011. |