ENROLLED
       2013 Legislature                    CS for SB 964, 1st Engrossed
       
       
       
       
       
       
                                                              2013964er
    1  
    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 unlawful sexual battery;
    7         creating a presumption that termination of parental
    8         rights is in the best interest of the child if the
    9         child was conceived as a result of an unlawful sexual
   10         battery; requiring the court to accept a guilty plea
   11         or conviction as conclusive proof that the child was
   12         conceived by a violation of criminal law; providing
   13         that a petition to terminate parental rights may be
   14         filed at any time; amending s. 39.811, F.S.; providing
   15         for termination of parental rights of only one parent
   16         if conception was the result of an unlawful sexual
   17         battery; providing for retroactive application;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (m) is added to subsection (1) of
   23  section 39.806, Florida Statutes, and subsection (2) of that
   24  section is amended, to read:
   25         39.806 Grounds for termination of parental rights.—
   26         (1) Grounds for the termination of parental rights may be
   27  established under any of the following circumstances:
   28         (m) The court determines by clear and convincing evidence
   29  that the child was conceived as a result of an act of sexual
   30  battery made unlawful pursuant to s. 794.011, or pursuant to a
   31  similar law of another state, territory, possession, or Native
   32  American tribe where the offense occurred. It is presumed that
   33  termination of parental rights is in the best interest of the
   34  child if the child was conceived as a result of the unlawful
   35  sexual battery. A petition for termination of parental rights
   36  under this paragraph may be filed at any time. The court must
   37  accept a guilty plea or conviction of unlawful sexual battery
   38  pursuant to s. 794.011 as conclusive proof that the child was
   39  conceived by a violation of criminal law as set forth in this
   40  subsection.
   41         (2) Reasonable efforts to preserve and reunify families are
   42  not required if a court of competent jurisdiction has determined
   43  that any of the events described in paragraphs (1)(b)-(d) or
   44  paragraphs (1)(f)-(m) (f)-(l) have occurred.
   45         Section 2. Subsection (6) of section 39.811, Florida
   46  Statutes, is amended to read:
   47         39.811 Powers of disposition; order of disposition.—
   48         (6) The parental rights of one parent may be severed
   49  without severing the parental rights of the other parent only
   50  under the following circumstances:
   51         (a) If the child has only one surviving parent;
   52         (b) If the identity of a prospective parent has been
   53  established as unknown after sworn testimony;
   54         (c) If the parent whose rights are being terminated became
   55  a parent through a single-parent adoption;
   56         (d) If the protection of the child demands termination of
   57  the rights of a single parent; or
   58         (e) If the parent whose rights are being terminated meets
   59  any of the criteria specified in s. 39.806(1)(d) and (f)-(m)
   60  (f)-(l).
   61         Section 3. This act shall take effect July 1, 2013, and
   62  applies to all unlawful acts of sexual battery occurring before,
   63  on, or after that date.