Florida Senate - 2012 CS for SB 1686 By the Committee on Judiciary; and Senator Fasano 590-03627-12 20121686c1 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; defining the 9 term “family member”; creating s. 732.8025, F.S.; 10 providing that a parent who is convicted of specified 11 offenses against a minor child loses all right to the 12 intestate succession in the child’s estate and all 13 right to administer the estate; providing an exception 14 if a court determines that the parent-child 15 relationship was subsequently restored; providing for 16 distribution of that share of the estate; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (12) is added to section 61.075, 22 Florida Statutes, to read: 23 61.075 Equitable distribution of marital assets and 24 liabilities.— 25 (12) The court may not make an equitable distribution of 26 property to a party convicted of an offense involving an attempt 27 or conspiracy to murder the other party. 28 Section 2. Subsection (1) of section 61.08, Florida 29 Statutes, is amended to read: 30 61.08 Alimony.— 31 (1)(a) In a proceeding for dissolution of marriage, the 32 court may grant alimony to either party, which alimony may be 33 bridge-the-gap, rehabilitative, durational, or permanent in 34 nature or any combination of these forms of alimony. 35 (b) In any award of alimony, the court may order periodic 36 payments or payments in lump sum or both. 37 (c) The court may consider the adultery of either spouse 38 and the circumstances thereof in determining the amount of 39 alimony, if any, to be awarded. 40 (d)1. A person convicted, as defined in s. 944.606, of 41 first degree or second degree murder in violation of s. 782.04, 42 manslaughter in violation of s. 782.07, DUI manslaughter in 43 violation of s. 316.193(3)(c)3., BUI manslaughter in violation 44 of s. 327.35(3)(c)3., aggravated assault in violation of s. 45 784.021, or a substantially similar offense under the laws of 46 another jurisdiction may not receive alimony if: 47 a. The crime results in death or creates a substantial risk 48 of death or serious personal disfigurement, or protracted loss 49 or impairment of the function of any bodily member or organ, of 50 a family member of a divorcing party. For purposes of this sub 51 subparagraph, the term “family member” means a spouse, child, 52 parent, or sibling, whether the individual is related by blood, 53 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 is convicted of abusing, abandoning, or 66 neglecting a minor child as defined in s. 39.01, committing a 67 violation of s. 827.03 against the child, or sexually abusing 68 the minor child as defined in s. 39.01, shall lose all right to 69 the intestate succession in any part of the child’s estate and 70 all rights to administer the estate of the child, unless a court 71 determines that the parent and child had subsequently reconciled 72 and the parent-child relationship was restored. 73 (2) If a parent is disqualified from taking a distributive 74 share in the decedent’s estate under this section, the 75 decedent’s estate shall be distributed as though the parent had 76 predeceased the decedent. 77 Section 4. This act shall take effect July 1, 2012.