Florida Senate - 2013 SB 964
By Senator Abruzzo
25-00831A-13 2013964__
1 A bill to be entitled
2 An act relating to termination of parental rights;
3 amending s. 39.806, F.S.; providing that a parent’s
4 rights may be terminated if the court determines, by
5 clear and convincing evidence, that the child was
6 conceived during an act of sexual battery, the parent
7 is found guilty of sexual battery, or the court is
8 presented with documentary evidence that the parent
9 pled guilty to the charge of sexual battery; providing
10 an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (m) and (n) are added to subsection
15 (1) of section 39.806, Florida Statutes, and subsection (2) of
16 that section is amended, to read:
17 39.806 Grounds for termination of parental rights.—
18 (1) Grounds for the termination of parental rights may be
19 established under any of the following circumstances:
20 (m) The court determines by clear and convincing evidence
21 that the child was conceived during an act of sexual battery, as
22 defined in s. 794.011. Termination of parental rights is in the
23 best interests of the child if the child was conceived under
24 such circumstances.
25 (n) When the parent has been found guilty of the charge of
26 sexual battery, as defined in s. 794.011, and that act of sexual
27 battery resulted in the conception of a child with the moving
28 party or the court is presented with documentary evidence of the
29 parent’s plea of guilty to the charge of sexual battery,
30 regardless of adjudication, and that act of sexual battery
31 resulted in the conception of a child with the moving party.
32 (2) Reasonable efforts to preserve and reunify families are
33 not required if a court of competent jurisdiction has determined
34 that any of the events described in paragraphs (1)(b)-(d) or
35 (f)-(m)(l) have occurred.
36 Section 2. This act shall take effect July 1, 2013.