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A bill to be entitled

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An act relating to sexual battery; amending s. 39.806,

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F.S.; providing grounds for terminating parental rights

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based on sexual battery; creating s. 794.057, F.S.;

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authorizing restitution to the victim of sexual battery to

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pay for the expenses of the child; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (j) is added to subsection (1) of

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section 39.806, Florida Statutes, to read:

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     39.806  Grounds for termination of parental rights.--

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     (1)  Grounds for the termination of parental rights may be

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established under any of the following circumstances:

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     (j) When the parent has pled guilty or nolo contendere to,

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or is convicted of, a sexual battery as defined in s. 794.011, or

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of an act committed outside this state which would be a sexual

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battery if committed in this state, which results in the victim

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giving birth to a child.

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     Section 2.  Section 794.057, Florida Statutes, is created to

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read:

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

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

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the 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. 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) Payments shall be remitted to the clerk of the court

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where the conviction was entered and paid by the clerk of the

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court to the State Disbursement Unit for child support payments

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established under s. 409.2559. The State Disbursement Unit shall

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distribute the payment in the same manner as a child support

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payment and without regard to the termination of the obligor's

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parental rights.

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

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inability to pay.

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     Section 3.  This act shall take effect July 1, 2008.