Bill Text: FL S0964 | 2013 | Regular Session | Enrolled
Bill Title: Termination of Parental Rights
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-10 - Chapter No. 2013-132 [S0964 Detail]
Download: Florida-2013-S0964-Enrolled.html
ENROLLED 2013 Legislature CS for SB 964, 1st Engrossed 2013964er 1 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 unlawful sexual battery; 7 creating a presumption that termination of parental 8 rights is in the best interest of the child if the 9 child was conceived as a result of an unlawful sexual 10 battery; requiring the court to accept a guilty plea 11 or conviction as conclusive proof that the child was 12 conceived by a violation of criminal law; providing 13 that a petition to terminate parental rights may be 14 filed at any time; amending s. 39.811, F.S.; providing 15 for termination of parental rights of only one parent 16 if conception was the result of an unlawful sexual 17 battery; providing for retroactive application; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (m) is added to subsection (1) of 23 section 39.806, Florida Statutes, and subsection (2) of that 24 section is amended, to read: 25 39.806 Grounds for termination of parental rights.— 26 (1) Grounds for the termination of parental rights may be 27 established under any of the following circumstances: 28 (m) The court determines by clear and convincing evidence 29 that the child was conceived as a result of an act of sexual 30 battery made unlawful pursuant to s. 794.011, or pursuant to a 31 similar law of another state, territory, possession, or Native 32 American tribe where the offense occurred. It is presumed that 33 termination of parental rights is in the best interest of the 34 child if the child was conceived as a result of the unlawful 35 sexual battery. A petition for termination of parental rights 36 under this paragraph may be filed at any time. The court must 37 accept a guilty plea or conviction of unlawful sexual battery 38 pursuant to s. 794.011 as conclusive proof that the child was 39 conceived by a violation of criminal law as set forth in this 40 subsection. 41 (2) Reasonable efforts to preserve and reunify families are 42 not required if a court of competent jurisdiction has determined 43 that any of the events described in paragraphs (1)(b)-(d) or 44 paragraphs (1)(f)-(m)(f)-(l)have occurred. 45 Section 2. Subsection (6) of section 39.811, Florida 46 Statutes, is amended to read: 47 39.811 Powers of disposition; order of disposition.— 48 (6) The parental rights of one parent may be severed 49 without severing the parental rights of the other parent only 50 under the following circumstances: 51 (a) If the child has only one surviving parent; 52 (b) If the identity of a prospective parent has been 53 established as unknown after sworn testimony; 54 (c) If the parent whose rights are being terminated became 55 a parent through a single-parent adoption; 56 (d) If the protection of the child demands termination of 57 the rights of a single parent; or 58 (e) If the parent whose rights are being terminated meets 59 any of the criteria specified in s. 39.806(1)(d) and (f)-(m) 60(f)-(l). 61 Section 3. This act shall take effect July 1, 2013, and 62 applies to all unlawful acts of sexual battery occurring before, 63 on, or after that date.