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 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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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. |