Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 964
       
       
       
       
       
       
                                Barcode 692330                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2013           .                                
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       The Committee on Children, Families, and Elder Affairs (Sobel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (m) is added to subsection (1) of
    6  section 39.806, Florida Statutes, and subsection (2) of that
    7  section is amended, to read:
    8         39.806 Grounds for termination of parental rights.—
    9         (1) Grounds for the termination of parental rights may be
   10  established under any of the following circumstances:
   11         (m) The court determines by clear and convincing evidence
   12  that the child was conceived as a result of an act of sexual
   13  battery made unlawful pursuant to s. 794.011, or pursuant to a
   14  similar law of another state, territory, possession, or Native
   15  American tribe where the offense occurred. It is presumed that
   16  termination of parental rights is in the best interest of the
   17  child if the child was conceived as a result of the unlawful
   18  sexual battery. A petition for termination of parental rights
   19  under this paragraph may be filed at any time.
   20         (2) Reasonable efforts to preserve and reunify families are
   21  not required if a court of competent jurisdiction has determined
   22  that any of the events described in paragraphs (1)(b)-(d) or
   23  paragraphs (1)(f)-(m) (f)-(l) have occurred.
   24         Section 2. Subsection (6) of section 39.811, Florida
   25  Statutes, is amended to read:
   26         39.811 Powers of disposition; order of disposition.—
   27         (6) The parental rights of one parent may be severed
   28  without severing the parental rights of the other parent only
   29  under the following circumstances:
   30         (a) If the child has only one surviving parent;
   31         (b) If the identity of a prospective parent has been
   32  established as unknown after sworn testimony;
   33         (c) If the parent whose rights are being terminated became
   34  a parent through a single-parent adoption;
   35         (d) If the protection of the child demands termination of
   36  the rights of a single parent; or
   37         (e) If the parent whose rights are being terminated meets
   38  any of the criteria specified in s. 39.806(1)(d) and (f)-(m)
   39  (f)-(l).
   40         Section 3. This act shall take effect July 1, 2013, and
   41  applies to all unlawful acts of sexual battery occurring before,
   42  on, or after that date.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45         And the title is amended as follows:
   46         Delete everything before the enacting clause
   47  and insert:
   48                        A bill to be entitled                      
   49         An act relating to termination of parental rights;
   50         amending s. 39.806, F.S.; providing that a parent’s
   51         rights may be terminated if the court determines, by
   52         clear and convincing evidence, that the child was
   53         conceived during an act of unlawful sexual battery;
   54         creating a presumption that termination of parental
   55         rights is in the best interest of the child if the
   56         child was conceived as a result of an unlawful sexual
   57         battery; providing that a petition to terminate
   58         parental rights may be filed at any time; amending s.
   59         39.811, F.S.; providing for termination of parental
   60         rights of only one parent if conception was the result
   61         of an unlawful sexual battery; providing an effective
   62         date; providing for retroactive application.