HB 271

1
A bill to be entitled
2An act relating to sexual battery; amending s. 39.806,
3F.S.; providing grounds for terminating parental rights
4based on sexual battery; creating s. 794.057, F.S.;
5authorizing restitution to the victim of sexual battery
6to pay for the expenses of the child; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (j) is added to subsection (1) of
12section 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
15be established under any of the following circumstances:
16     (j)  When the parent has pled guilty or nolo contendere
17to, or is convicted of, a sexual battery as defined in s.
18794.011 or of an act committed outside this state which would
19be a sexual battery if committed in this state, which results
20in the victim giving birth to a child.
21     Section 2.  Section 794.057, Florida Statutes, is created
22to read:
23     794.057  Restitution for sexual battery.--If a child is
24conceived as the result of a sexual battery, the court may
25order the defendant to pay restitution to the victim pursuant
26to s. 775.089 for the monetary expenses related to the support
27of the child. If restitution is ordered:
28     (1)  The court shall give consideration to the child
29support guideline schedules provided in s. 61.30 when
30determining the amount of restitution.
31     (2)  Payments shall be remitted to the clerk of the court
32where the conviction was entered and paid by the clerk of the
33court to the State Disbursement Unit for child support
34payments established under s. 409.2559. The State Disbursement
35Unit shall distribute the payment in the same manner as a
36child support payment and without regard to the termination of
37the obligor's parental rights.
38     (3)  The amount may not be reduced due to the offender's
39inability to pay.
40     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.