Florida Senate - 2013                                     SB 964
       
       
       
       By Senator Abruzzo
       
       
       
       
       25-00831A-13                                           2013964__
    1                        A bill to be entitled                      
    2         An act relating to termination of parental rights;
    3         amending s. 39.806, F.S.; providing that a parent’s
    4         rights may be terminated if the court determines, by
    5         clear and convincing evidence, that the child was
    6         conceived during an act of sexual battery, the parent
    7         is found guilty of sexual battery, or the court is
    8         presented with documentary evidence that the parent
    9         pled guilty to the charge of sexual battery; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (m) and (n) are added to subsection
   15  (1) of section 39.806, Florida Statutes, and subsection (2) of
   16  that section is amended, to read:
   17         39.806 Grounds for termination of parental rights.—
   18         (1) Grounds for the termination of parental rights may be
   19  established under any of the following circumstances:
   20         (m) The court determines by clear and convincing evidence
   21  that the child was conceived during an act of sexual battery, as
   22  defined in s. 794.011. Termination of parental rights is in the
   23  best interests of the child if the child was conceived under
   24  such circumstances.
   25         (n) When the parent has been found guilty of the charge of
   26  sexual battery, as defined in s. 794.011, and that act of sexual
   27  battery resulted in the conception of a child with the moving
   28  party or the court is presented with documentary evidence of the
   29  parent’s plea of guilty to the charge of sexual battery,
   30  regardless of adjudication, and that act of sexual battery
   31  resulted in the conception of a child with the moving party.
   32         (2) Reasonable efforts to preserve and reunify families are
   33  not required if a court of competent jurisdiction has determined
   34  that any of the events described in paragraphs (1)(b)-(d) or
   35  (f)-(m)(l) have occurred.
   36         Section 2. This act shall take effect July 1, 2013.