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The Committee on Children, Families, and Elder Affairs (Baker)

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recommended the following substitute for amendment (438796):

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     Senate Amendment (with title amendment)

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     Delete line(s) 21 through 40

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and insert:

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     Section 2.  Subsection (2) of section 39.806, Florida

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Statutes, is amended to read:

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     39.806  Grounds for termination of parental rights.--

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     (2)  Reasonable efforts to preserve and reunify families

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are not required if a court of competent jurisdiction has

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determined that any of the events described in paragraphs

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(1)(e)-(i) (j) have occurred.

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     Section 3.  Paragraph (e) of subsection (6) of section

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39.811, Florida Statutes, is amended to read:

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     39.811  Powers of disposition; order of disposition.--

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     (6)  The parental rights of one parent may be severed

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without severing the parental rights of the other parent only

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under the following circumstances:

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     (e)  If the parent whose rights are being terminated meets

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any of the criteria specified in s. 39.806(1)(d) and (f)-(i)(j).

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     Section 4.  Subsection (3) of section 775.089, Florida

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Statutes, is amended to read:

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     775.089  Restitution.--

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     (3)(a)  The court may require that the defendant make

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restitution under this section within a specified period or in

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specified installments.

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     (b)  The end of such period or the last such installment

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shall not be later than:

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     1.  The end of the period of probation if probation is

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ordered;

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     2.  Five years after the end of the term of imprisonment

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imposed if the court does not order probation; or

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     3.  Five years after the date of sentencing in any other

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case.

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     (c)  Notwithstanding this subsection, a court that has

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ordered restitution for a misdemeanor offense shall retain

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jurisdiction for the purpose of enforcing the restitution order

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for any period, not to exceed 5 years, that is pronounced by the

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court at the time restitution is ordered.

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     (d) Notwithstanding this subsection, a court that has

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ordered restitution for the offense of sexual battery pursuant

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to s. 794.057 shall retain jurisdiction for the purpose of

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enforcing the restitution order.

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     (d)(e) If not otherwise provided by the court under this

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subsection, restitution must be made immediately.

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If the restitution ordered by the court is not made within the

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time period specified, the court may continue the restitution

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order through the duration of the civil judgment provision set

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forth in subsection (5) and as provided in s. 55.10.

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     Section 5.  Section 794.057, Florida Statutes, is created

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to read:

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     794.057 Restitution for sexual battery.-If a child is born

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as the result of a sexual battery, the court may order the

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defendant to pay restitution to the victim, pursuant to s.

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775.089, for the monetary expenses related to the support of the

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child, in addition to the monetary expenses for any other damage

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or loss, unless the parental rights of the victim have been

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terminated pursuant to ch. 39. If restitution is ordered:

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     (1) The court shall give consideration to the child support

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guideline schedules provided in s. 61.30 when determining the

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amount of restitution.

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     (2) The amount may not be reduced due to the offender's

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inability to pay.

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     Section 6.     This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 4 before "creating"

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insert:

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; providing circumstances when efforts to reunify are not

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required; amending section 39.811; providing for severance of

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rights of one parent; amending s. 775.089; authorizing court to

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retain jurisdiction;

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...

1/23/2008  8:31:00 AM     CF.CF.03285