Bill Text: FL S1050 | 2011 | Regular Session | Introduced

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Bill Title: Effects of Crimes

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1050 Detail]

Download: Florida-2011-S1050-Introduced.html

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       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.