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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; amending s. 39.811, F.S.,

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relating to the severance of the rights of one parent;

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conforming a cross-reference; amending s. 775.089, F.S.;

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requiring that the court retain jurisdiction for the

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purpose of enforcing a restitution order; creating s.

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794.057, F.S.; authorizing restitution to the victim of

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sexual battery to pay for the expenses of the child;

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providing an effective 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, and subsection (2) of that

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section is amended, 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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     (2)  Reasonable efforts to preserve and reunify families are

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not required if a court of competent jurisdiction has determined

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that any of the events described in paragraphs (1)(e)-(j) (1)(e)-

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(i) have occurred.

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     Section 2.  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)-(j) (f)-

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(i).

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     Section 3.  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 to

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s. 794.057 shall retain jurisdiction for the purpose of enforcing

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the restitution order.

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     (e)(d) 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 4.  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 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, unless the parental rights of the victim have been

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terminated pursuant to chapter 39. This section does not preclude

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the court from ordering any other restitution to which the victim

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of a sexual battery may be entitled pursuant to s. 775.089,

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regardless of whether or not a child is born. If restitution is

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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 5.  This act shall take effect July 1, 2008.