Florida Senate - 2011 SB 1050 By Senator Fasano 11-01455A-11 20111050__ 1 A bill to be entitled 2 An act relating to effects of crimes; amending s. 3 61.075, F.S.; providing that a court may not make an 4 equitable distribution of property in a dissolution of 5 marriage to a party convicted of certain offenses 6 concerning the other party; amending s. 61.08, F.S.; 7 prohibiting persons convicted of specified crimes 8 after a marriage from receiving alimony; creating s. 9 732.8025, F.S.; providing that a parent who commits 10 specified offenses against a minor child shall lose 11 all right to the intestate succession in the child’s 12 estate and all right to administer the estate; 13 providing for distribution of that share of the 14 estate; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (12) is added to section 61.075, 19 Florida Statutes, to read: 20 61.075 Equitable distribution of marital assets and 21 liabilities.— 22 (12) The court may not make an equitable distribution of 23 property to a party convicted of an offense involving an attempt 24 or conspiracy to murder the other party. 25 Section 2. Subsection (1) of section 61.08, Florida 26 Statutes, is amended to read: 27 61.08 Alimony.— 28 (1)(a) In a proceeding for dissolution of marriage, the 29 court may grant alimony to either party, which alimony may be 30 bridge-the-gap, rehabilitative, durational, or permanent in 31 nature or any combination of these forms of alimony. 32 (b) In any award of alimony, the court may order periodic 33 payments or payments in lump sum or both. 34 (c) The court may consider the adultery of either spouse 35 and the circumstances thereof in determining the amount of 36 alimony, if any, to be awarded. 37 (d)1. A person convicted, as defined in s. 944.606, of 38 first degree or second degree murder in violation of s. 782.04, 39 manslaughter in violation of s. 782.07, DUI manslaughter in 40 violation of s. 316.193(3)(c)3., BUI manslaughter in violation 41 of s. 327.35(3)(c)3., aggravated assault in violation of s. 42 784.021, or a substantially similar offense under the laws of 43 another jurisdiction may not receive alimony if: 44 a. The crime results in death or creates a substantial risk 45 of death or serious personal disfigurement, or protracted loss 46 or impairment of the function of any bodily member or organ, of 47 a family member of a divorcing party. For purposes of this sub 48 subparagraph, the term “family member” means a spouse, child, 49 parent, sibling, aunt, uncle, niece, nephew, first cousin, 50 grandparent, grandchild, father-in-law, mother-in-law, son-in 51 law, daughter-in-law, stepparent, stepchild, stepbrother, 52 stepsister, half brother, or half sister, whether the individual 53 is related by blood, marriage, or adoption; and 54 b. The crime was committed after the marriage. 55 2. A person convicted of an attempt or conspiracy to commit 56 murder may not receive alimony from the person who was the 57 intended victim of the attempt or conspiracy. 58 (e) In all dissolution actions, the court shall include 59 findings of fact relative to the factors enumerated in 60 subsection (2) supporting an award or denial of alimony. 61 Section 3. Section 732.8025, Florida Statutes, is created 62 to read: 63 732.8025 Parental offenses against minor child; effect on 64 child’s estate.— 65 (1) A parent who abused, abandoned, or neglected the minor 66 child as defined in s. 39.01, committed a violation of s. 827.03 67 against the child, or sexually abused the minor child as defined 68 in s. 39.01 shall lose all right to the intestate succession in 69 any part of the child’s estate and all right to administer the 70 estate of the child. 71 (2) If a parent is disqualified from taking a distributive 72 share in the decedent’s estate under this section, the 73 decedent’s estate shall be distributed as though the parent had 74 predeceased the decedent. 75 (3) A sibling of the half blood of the decedent whose 76 parent is disqualified may not take a distributive share in the 77 decedent’s estate. 78 Section 4. This act shall take effect July 1, 2011.