Florida Senate - 2009                                     SB 896
       
       
       
       By Senator Rich
       
       
       
       
       34-00987-09                                            2009896__
    1                        A bill to be entitled                      
    2         An act relating to the termination of parental rights;
    3         amending s. 39.806, F.S.; revising a ground for
    4         terminating parental rights relating to how long a
    5         parent will be incarcerated; providing an effective
    6         date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Paragraph (d) of subsection (1) of section
   11  39.806, Florida Statutes, is amended to read:
   12         39.806 Grounds for termination of parental rights.—
   13         (1) Grounds for the termination of parental rights may be
   14  established under any of the following circumstances:
   15         (d) When the parent of a child is incarcerated in a
   16  federal, state, or county federal correctional institution or
   17  facility and either:
   18         1. The total period of the parent's incarceration is
   19  significant to the child considering the child's age and the
   20  child's need for a permanent stable home. The court shall
   21  calculate the period of incarceration beginning on the date that
   22  the parent enters the correctional institution or facility time
   23  for which the parent is expected to be incarcerated will
   24  constitute a substantial portion of the period of time before
   25  the child will attain the age of 18 years;
   26         2. The incarcerated parent has been determined by a the
   27  court to be a violent career criminal as defined in s. 775.084,
   28  a habitual violent felony offender as defined in s. 775.084, or
   29  a sexual predator as defined in s. 775.21; has been convicted of
   30  first degree or second degree murder in violation of s. 782.04
   31  or a sexual battery that constitutes a capital, life, or first
   32  degree felony violation of s. 794.011; or has been convicted of
   33  an offense in another jurisdiction which is substantially
   34  similar to one of the offenses listed in this paragraph. As used
   35  in this section, the term “substantially similar offense” means
   36  any offense that is substantially similar in elements and
   37  penalties to one of those listed in this subparagraph, and that
   38  is in violation of a law of any other jurisdiction, whether that
   39  of another state, the District of Columbia, the United States or
   40  any possession or territory thereof, or any foreign
   41  jurisdiction; or
   42         3. The court determines by clear and convincing evidence
   43  that continuing the parental relationship with the incarcerated
   44  parent would be harmful to the child and, for this reason, that
   45  termination of the parental rights of the incarcerated parent is
   46  in the best interest of the child.
   47         Section 2. This act shall take effect July 1, 2009.