Florida Senate - 2012 SB 1686
By Senator Fasano
11-01491-12 20121686__
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, 2012.