Florida Senate - 2013                              CS for SB 142
       
       
       
       By the Committee on Criminal Justice; and Senators Altman and
       Sobel
       
       
       
       591-03334-13                                           2013142c1
    1                        A bill to be entitled                      
    2         An act relating to intellectual disabilities; amending
    3         s. 39.502, F.S.; substituting the Arc of Florida for
    4         the Association for Retarded Citizens for purposes of
    5         certain proceedings relating to children; amending ss.
    6         40.013, 86.041, 92.53, 92.54, and 92.55, F.S.;
    7         substituting the term “intellectual disability” for
    8         the term “mental retardation”; amending s. 320.10,
    9         F.S.; substituting the Arc of Florida for the
   10         Association for Retarded Citizens; amending ss.
   11         383.14, 393.063, 393.11, and 394.455, F.S.;
   12         substituting the term “intellectual disability” for
   13         the term “mental retardation”; clarifying in s.
   14         393.063, that the meaning of the terms “intellectual
   15         disability” or “intellectually disabled” is the same
   16         as the meaning of the terms “mental retardation,”
   17         “retarded,” and “mentally retarded” for purposes of
   18         matters relating to the criminal laws and court rules;
   19         amending s. 400.960, F.S.; revising definitions
   20         relating to intermediate care facilities for the
   21         developmentally disabled to delete unused terms;
   22         amending s. 408.032, F.S.; conforming a cross
   23         reference; amending s. 409.908, F.S.; substituting the
   24         term “intellectually disabled” for the term “mentally
   25         retarded”; amending ss. 413.20, 440.49, and 499.0054,
   26         F.S.; substituting the term “intellectual disability”
   27         for the term “mental retardation”; amending s.
   28         514.072, F.S.; conforming a cross-reference and
   29         deleting obsolete provisions; amending ss. 627.6041,
   30         627.6615, 641.31, 650.05, 765.204, 849.04, 914.16,
   31         914.17, 916.105, and 916.106, F.S.; substituting the
   32         term “intellectual disability” for the term “mental
   33         retardation”; amending s. 916.107, F.S.; substituting
   34         the term “intellectual disability” for the term
   35         “retardation”; providing a directive to the Division
   36         of Law Revision and Information; amending ss. 916.301,
   37         916.3012, 916.302, 916.3025, 916.303, 916.304, 918.16,
   38         921.137, 941.38, 944.602, 945.025, 945.12, 945.42,
   39         947.185, 984.19, 985.14, 985.145, 985.18, 985.19,
   40         985.195, and 985.61, F.S.; clarifying in s. 921.137,
   41         F.S., that the terms “intellectual disability” or
   42         “intellectually disabled” are interchangeable with and
   43         have the same meaning as the terms “mental
   44         retardation,” or “retardation” and “mentally
   45         retarded,” as defined before the effective date of the
   46         act; substituting the term “intellectual disability”
   47         for the term “mental retardation”; expressing
   48         legislative intent; providing an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (15) of section 39.502, Florida
   53  Statutes, is amended to read:
   54         39.502 Notice, process, and service.—
   55         (15) A party who is identified as a person who has a with
   56  mental illness or with a developmental disability must be
   57  informed by the court of the availability of advocacy services
   58  through the department, the Arc of Florida Association for
   59  Retarded Citizens, or other appropriate mental health or
   60  developmental disability advocacy groups and encouraged to seek
   61  such services.
   62         Section 2. Subsection (9) of section 40.013, Florida
   63  Statutes, is amended to read:
   64         40.013 Persons disqualified or excused from jury service.—
   65         (9) Any person who is responsible for the care of a person
   66  who, because of mental illness, intellectual disability mental
   67  retardation, senility, or other physical or mental incapacity,
   68  is incapable of caring for himself or herself shall be excused
   69  from jury service upon request.
   70         Section 3. Section 86.041, Florida Statutes, is amended to
   71  read:
   72         86.041 Actions by executors, administrators, trustees,
   73  etc.—Any person interested as or through an executor,
   74  administrator, trustee, guardian, or other fiduciary, creditor,
   75  devisee, legatee, heir, next of kin, or cestui que trust, in the
   76  administration of a trust, a guardianship, or of the estate of a
   77  decedent, an infant, a mental incompetent, or insolvent may have
   78  a declaration of rights or equitable or legal relations to in
   79  respect thereto:
   80         (1) To Ascertain any class of creditors, devisees,
   81  legatees, heirs, next of kin, or others; or
   82         (2) To Direct the executor, administrator, or trustee to
   83  refrain from doing any particular act in his or her fiduciary
   84  capacity; or
   85         (3) To Determine any question relating to arising in the
   86  administration of the guardianship, estate, or trust, including
   87  questions of construction of wills and other writings.
   88  
   89  For the purpose of this section, a “mental incompetent” is one
   90  who, because of mental illness, intellectual disability mental
   91  retardation, senility, excessive use of drugs or alcohol, or
   92  other mental incapacity, is incapable of either managing his or
   93  her property or caring for himself or herself, or both.
   94         Section 4. Section 92.53, Florida Statutes, is amended to
   95  read:
   96         92.53 Videotaping the of testimony of a victim or witness
   97  under age 16 or who has an intellectual disability person with
   98  mental retardation.—
   99         (1) On motion and hearing in camera and a finding that
  100  there is a substantial likelihood that a victim or witness who
  101  is under the age of 16 or who has an intellectual disability is
  102  a person with mental retardation as defined in s. 393.063 would
  103  suffer at least moderate emotional or mental harm due to the
  104  presence of the defendant if such victim or witness the child or
  105  person with mental retardation is required to testify in open
  106  court, or that such victim or witness is otherwise unavailable
  107  as defined in s. 90.804(1), the trial court may order the
  108  videotaping of the testimony of the victim or witness in a case,
  109  whether civil or criminal in nature, in which videotaped
  110  testimony is to be used utilized at trial in lieu of trial
  111  testimony in open court.
  112         (2) The motion may be filed by:
  113         (a) The victim or witness, or the victim’s or witness’s
  114  attorney, parent, legal guardian, or guardian ad litem;
  115         (b) A trial judge on his or her own motion;
  116         (c) Any party in a civil proceeding; or
  117         (d) The prosecuting attorney or the defendant, or the
  118  defendant’s counsel.
  119         (3) The judge shall preside, or shall appoint a special
  120  master to preside, at the videotaping unless the following
  121  conditions are met:
  122         (a) The child or the person who has the intellectual
  123  disability with mental retardation is represented by a guardian
  124  ad litem or counsel;
  125         (b) The representative of the victim or witness and the
  126  counsel for each party stipulate that the requirement for the
  127  presence of the judge or special master may be waived; and
  128         (c) The court finds at a hearing on the motion that the
  129  presence of a judge or special master is not necessary to
  130  protect the victim or witness.
  131         (4) The defendant and the defendant’s counsel must shall be
  132  present at the videotaping, unless the defendant has waived this
  133  right. The court may require the defendant to view the testimony
  134  from outside the presence of the child or the person who has an
  135  intellectual disability with mental retardation by means of a
  136  two-way mirror or another similar method that ensures will
  137  ensure that the defendant can observe and hear the testimony of
  138  the victim or witness in person, but that the victim or witness
  139  cannot hear or see the defendant. The defendant and the attorney
  140  for the defendant may communicate by any appropriate private
  141  method.
  142         (5) Any party, or the court on its own motion, may request
  143  the aid of an interpreter, as provided in s. 90.606, to aid the
  144  parties in formulating methods of questioning the child or
  145  person who has the intellectual disability with mental
  146  retardation and in interpreting the answers of the child or
  147  person during with mental retardation throughout proceedings
  148  conducted under this section.
  149         (6) The motion referred to in subsection (1) may be made at
  150  any time with reasonable notice to each party to the cause, and
  151  videotaping of testimony may be made any time after the court
  152  grants the motion. The videotaped testimony is shall be
  153  admissible as evidence in the trial of the cause; however, such
  154  testimony is shall not be admissible in any trial or proceeding
  155  in which such witness testifies by use of closed circuit
  156  television pursuant to s. 92.54.
  157         (7) The court shall make specific findings of fact, on the
  158  record, as to the basis for its ruling under this section.
  159         Section 5. Section 92.54, Florida Statutes, is amended to
  160  read:
  161         92.54 Use of closed circuit television in proceedings
  162  involving a victim or witness victims or witnesses under the age
  163  of 16 or who has an intellectual disability persons with mental
  164  retardation.—
  165         (1) Upon motion and hearing in camera and upon a finding
  166  that there is a substantial likelihood that a victim or witness
  167  under the age of 16 or who has an intellectual disability the
  168  child or person with mental retardation will suffer at least
  169  moderate emotional or mental harm due to the presence of the
  170  defendant if such victim or witness the child or person with
  171  mental retardation is required to testify in open court, or that
  172  such victim or witness is unavailable as defined in s.
  173  90.804(1), the trial court may order that the testimony of the a
  174  child under the age of 16 or person with mental retardation who
  175  is a victim or witness be taken outside of the courtroom and
  176  shown by means of closed circuit television.
  177         (2) The motion may be filed by the victim or witness; the
  178  attorney, parent, legal guardian, or guardian ad litem of the
  179  victim or witness; the prosecutor; the defendant or the
  180  defendant’s counsel; or the trial judge on his or her own
  181  motion.
  182         (3) Only the judge, the prosecutor, the defendant, the
  183  attorney for the defendant, the operators of the videotape
  184  equipment, an interpreter, and some other person who, in the
  185  opinion of the court, contributes to the well-being of the child
  186  or the person who has an intellectual disability with mental
  187  retardation and who will not be a witness in the case may be in
  188  the room during the recording of the testimony.
  189         (4) During the victim’s or witness’s child’s or person’s
  190  with mental retardation testimony by closed circuit television,
  191  the court may require the defendant to view the testimony from
  192  the courtroom. In such a case, the court shall permit the
  193  defendant to observe and hear the testimony of the victim or
  194  witness child or person with mental retardation, but must shall
  195  ensure that the victim or witness child or person with mental
  196  retardation cannot hear or see the defendant. The defendant’s
  197  right to assistance of counsel, which includes the right to
  198  immediate and direct communication with counsel conducting
  199  cross-examination, must be protected and, upon the defendant’s
  200  request, such communication must shall be provided by any
  201  appropriate electronic method.
  202         (5) The court shall make specific findings of fact, on the
  203  record, as to the basis for its ruling under this section.
  204         Section 6. Section 92.55, Florida Statutes, is amended to
  205  read:
  206         92.55 Judicial or other proceedings involving victim or
  207  witness under the age of 16 or person who has an intellectual
  208  disability with mental retardation; special protections; use of
  209  registered service or therapy animals.—
  210         (1) Upon motion of any party, upon motion of a parent,
  211  guardian, attorney, or guardian ad litem for a victim or witness
  212  child under the age of 16 or person who has an intellectual
  213  disability with mental retardation, or upon its own motion, the
  214  court may enter any order necessary to protect such a child
  215  under the age of 16 or person with mental retardation who is a
  216  victim or witness in any judicial proceeding or other official
  217  proceeding from severe emotional or mental harm due to the
  218  presence of the defendant if the victim or witness child or
  219  person with mental retardation is required to testify in open
  220  court. Such orders must shall relate to the taking of testimony
  221  and shall include, but are not be limited to:
  222         (a) Interviewing or the taking of depositions as part of a
  223  civil or criminal proceeding.
  224         (b) Examination and cross-examination for the purpose of
  225  qualifying as a witness or testifying in any proceeding.
  226         (c) The use of testimony taken outside of the courtroom,
  227  including proceedings under ss. 92.53 and 92.54.
  228         (2) In ruling upon the motion, the court shall consider
  229  take into consideration:
  230         (a) The age of the child, the nature of the offense or act,
  231  the relationship of the child to the parties in the case or to
  232  the defendant in a criminal action, the degree of emotional
  233  trauma that will result to the child as a consequence of the
  234  defendant’s presence, and any other fact that the court deems
  235  relevant; or
  236         (b) The age of the person who has an intellectual
  237  disability with mental retardation, the functional capacity of
  238  such the person with mental retardation, the nature of the
  239  offenses or act, the relationship of the person with mental
  240  retardation to the parties in the case or to the defendant in a
  241  criminal action, the degree of emotional trauma that will result
  242  to the person with mental retardation as a consequence of the
  243  defendant’s presence, and any other fact that the court deems
  244  relevant.
  245         (3) In addition to such other relief as is provided by law,
  246  the court may enter orders limiting the number of times that a
  247  child or a person who has an intellectual disability with mental
  248  retardation may be interviewed, prohibiting depositions of such
  249  a child or person with mental retardation, requiring the
  250  submission of questions before the prior to examination of the a
  251  child or person with mental retardation, setting the place and
  252  conditions for interviewing the a child or person with mental
  253  retardation or for conducting any other proceeding, or
  254  permitting or prohibiting the attendance of any person at any
  255  proceeding. The court shall enter any order necessary to protect
  256  the rights of all parties, including the defendant in any
  257  criminal action.
  258         (4) The court may set any other conditions it finds just
  259  and appropriate when on the taking the of testimony of by a
  260  child, including the use of a service or therapy animal that has
  261  been evaluated and registered according to national standards,
  262  in any proceeding involving a sexual offense. When deciding
  263  whether to permit a child to testify with the assistance of a
  264  registered service or therapy animal, the court shall consider
  265  take into consideration the age of the child, the interests of
  266  the child, the rights of the parties to the litigation, and any
  267  other relevant factor that would facilitate the testimony by the
  268  child.
  269         Section 7. Subsection (1) of section 320.10, Florida
  270  Statutes, is amended to read:
  271         320.10 Exemptions.—
  272         (1) The provisions of s. 320.08 do not apply to:
  273         (a) Any motor vehicle or mobile home owned by, and operated
  274  exclusively for the personal use of, any member of the United
  275  States Armed Forces who is not a resident of this state and who
  276  is stationed in the state while in compliance with military or
  277  naval orders;
  278         (b) Any motor vehicle owned or operated exclusively by the
  279  Federal Government;
  280         (c) Any motor vehicle owned and operated exclusively for
  281  the benefit of the Boys’ Clubs of America, the National Audubon
  282  Society, the National Children’s Cardiac Hospital, any humane
  283  society, any nationally chartered veterans’ organization that
  284  maintains a state headquarters in this state, the Children’s
  285  Bible Mission, the Boy Scouts of America, the Girl Scouts of
  286  America, the Salvation Army, the American National Red Cross,
  287  the United Service Organization, any local member unit of the
  288  National Urban League which provides free services to municipal
  289  and county residents who are in need of such services, the Young
  290  Men’s Christian Association, the Young Men’s Hebrew Association,
  291  the Camp Fire Girls’ Council, the Young Women’s Christian
  292  Association, the Young Women’s Hebrew Association, any local
  293  member unit of the Arc of Florida Association for Retarded
  294  Citizens, the Children’s Home Society of Florida, or the
  295  Goodwill Industries. A not-for-profit organization named in this
  296  paragraph and its local affiliate organizations is shall be
  297  eligible for the exemption if it for so long as each maintains
  298  current articles of incorporation on file with the Department of
  299  State and qualifies as a not-for-profit organization under s.
  300  212.08;
  301         (d) Any motor vehicle owned and operated by a church,
  302  temple, or synagogue for exclusive use as a community service
  303  van or to transport passengers without compensation to religious
  304  services or for religious education;
  305         (e) Any motor vehicle owned and operated by the Civil Air
  306  Patrol or the United States Coast Guard Auxiliary;
  307         (f) Any mobile blood bank unit when operated as a nonprofit
  308  service by an organization;
  309         (g) Any mobile X-ray unit or truck or bus used exclusively
  310  for public health purposes;
  311         (h) Any school bus owned and operated by a nonprofit
  312  educational or religious corporation;
  313         (i) Any vehicle used by any of the various search and
  314  rescue units of the several counties for exclusive use as a
  315  search and rescue vehicle; or and
  316         (j) Any motor vehicle used by a community transportation
  317  coordinator or a transportation operator as defined in part I of
  318  chapter 427, and which is used exclusively to transport
  319  transportation disadvantaged persons.
  320         Section 8. Paragraph (d) of subsection (3) of section
  321  383.14, Florida Statutes, is amended to read:
  322         383.14 Screening for metabolic disorders, other hereditary
  323  and congenital disorders, and environmental risk factors.—
  324         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  325  shall administer and provide certain services to implement the
  326  provisions of this section and shall:
  327         (d) Maintain a confidential registry of cases, including
  328  information of importance for the purpose of followup services
  329  to prevent intellectual disabilities mental retardation, to
  330  correct or ameliorate physical disabilities handicaps, and for
  331  epidemiologic studies, if indicated. Such registry shall be
  332  exempt from the provisions of s. 119.07(1).
  333  
  334  All provisions of this subsection must be coordinated with the
  335  provisions and plans established under this chapter, chapter
  336  411, and Pub. L. No. 99-457.
  337         Section 9. Subsection (9) and subsections (21) through (32)
  338  of section 393.063, Florida Statutes, are reordered and amended
  339  to read:
  340         393.063 Definitions.—For the purposes of this chapter, the
  341  term:
  342         (9) “Developmental disability” means a disorder or syndrome
  343  that is attributable to intellectual disability retardation,
  344  cerebral palsy, autism, spina bifida, or Prader-Willi syndrome;
  345  that manifests before the age of 18; and that constitutes a
  346  substantial handicap that can reasonably be expected to continue
  347  indefinitely.
  348         (22)(21) “Intermediate care facility for the
  349  developmentally disabled” or “ICF/DD” means a residential
  350  facility licensed and certified under pursuant to part VIII of
  351  chapter 400.
  352         (23)(22) “Medical/dental services” means medically
  353  necessary services that which are provided or ordered for a
  354  client by a person licensed under chapter 458, chapter 459, or
  355  chapter 466. Such services may include, but are not limited to,
  356  prescription drugs, specialized therapies, nursing supervision,
  357  hospitalization, dietary services, prosthetic devices, surgery,
  358  specialized equipment and supplies, adaptive equipment, and
  359  other services as required to prevent or alleviate a medical or
  360  dental condition.
  361         (24)(23) “Personal care services” means individual
  362  assistance with or supervision of essential activities of daily
  363  living for self-care, including ambulation, bathing, dressing,
  364  eating, grooming, and toileting, and other similar services that
  365  are incidental to the care furnished and essential to the
  366  health, safety, and welfare of the client if when there is no
  367  one else is available to perform those services.
  368         (25)(24) “Prader-Willi syndrome” means an inherited
  369  condition typified by neonatal hypotonia with failure to thrive,
  370  hyperphagia or an excessive drive to eat which leads to obesity
  371  usually at 18 to 36 months of age, mild to moderate intellectual
  372  disability mental retardation, hypogonadism, short stature, mild
  373  facial dysmorphism, and a characteristic neurobehavior.
  374         (26)(25) “Relative” means an individual who is connected by
  375  affinity or consanguinity to the client and who is 18 years of
  376  age or older.
  377         (27)(26) “Resident” means a any person who has a with
  378  developmental disability and resides disabilities residing at a
  379  residential facility, whether or not such person is a client of
  380  the agency.
  381         (28)(27) “Residential facility” means a facility providing
  382  room and board and personal care for persons who have with
  383  developmental disabilities.
  384         (29)(28) “Residential habilitation” means supervision and
  385  training with the acquisition, retention, or improvement in
  386  skills related to activities of daily living, such as personal
  387  hygiene skills, homemaking skills, and the social and adaptive
  388  skills necessary to enable the individual to reside in the
  389  community.
  390         (30)(29) “Residential habilitation center” means a
  391  community residential facility licensed under this chapter which
  392  provides habilitation services. The capacity of such a facility
  393  may shall not be fewer than nine residents. After October 1,
  394  1989, new residential habilitation centers may not be licensed
  395  and the licensed capacity for any existing residential
  396  habilitation center may not be increased.
  397         (31)(30) “Respite service” means appropriate, short-term,
  398  temporary care that is provided to a person who has a with
  399  developmental disability in order disabilities to meet the
  400  planned or emergency needs of the person or the family or other
  401  direct service provider.
  402         (32)(31) “Restraint” means a physical device, method, or
  403  drug used to control dangerous behavior.
  404         (a) A physical restraint is any manual method or physical
  405  or mechanical device, material, or equipment attached or
  406  adjacent to an the individual’s body so that he or she cannot
  407  easily remove the restraint and which restricts freedom of
  408  movement or normal access to one’s body.
  409         (b) A drug used as a restraint is a medication used to
  410  control the person’s behavior or to restrict his or her freedom
  411  of movement and is not a standard treatment for the person’s
  412  medical or psychiatric condition. Physically holding a person
  413  during a procedure to forcibly administer psychotropic
  414  medication is a physical restraint.
  415         (c) Restraint does not include physical devices, such as
  416  orthopedically prescribed appliances, surgical dressings and
  417  bandages, supportive body bands, or other physical holding when
  418  necessary for routine physical examinations and tests; for
  419  purposes of orthopedic, surgical, or other similar medical
  420  treatment; when used to provide support for the achievement of
  421  functional body position or proper balance; or when used to
  422  protect a person from falling out of bed.
  423         (21)(32)“Intellectual disability” “Retardation” means
  424  significantly subaverage general intellectual functioning
  425  existing concurrently with deficits in adaptive behavior which
  426  that manifests before the age of 18 and can reasonably be
  427  expected to continue indefinitely. For the purposes of this
  428  definition, the term:
  429         (a) “Adaptive behavior” means the effectiveness or degree
  430  with which an individual meets the standards of personal
  431  independence and social responsibility expected of his or her
  432  age, cultural group, and community.
  433         (b) “Significantly subaverage general intellectual
  434  functioning,for the purpose of this definition, means
  435  performance that which is two or more standard deviations from
  436  the mean score on a standardized intelligence test specified in
  437  the rules of the agency. “Adaptive behavior,” for the purpose of
  438  this definition, means the effectiveness or degree with which an
  439  individual meets the standards of personal independence and
  440  social responsibility expected of his or her age, cultural
  441  group, and community.
  442  
  443  For purposes of the application of the criminal laws and
  444  procedural rules of this state to matters relating to pretrial,
  445  trial, sentencing, and any matters relating to the imposition
  446  and execution of the death penalty, the terms “intellectual
  447  disability” or “intellectually disabled” are interchangeable
  448  with and have the same meaning as the terms “mental retardation”
  449  or “retardation” and “mentally retarded” as defined in this
  450  section before July 1, 2013.
  451         Section 10. Subsection (1), paragraphs (c) and (d) of
  452  subsection (2), paragraphs (b) through (d) of subsection (3),
  453  paragraph (b) of subsection (4), paragraphs (b), (e), (f), and
  454  (g) of subsection (5), subsection (6), paragraph (d) of
  455  subsection (7), paragraph (b) of subsection (8), subsection
  456  (10), and paragraph (b) of subsection (12) of section 393.11,
  457  Florida Statutes, are amended to read:
  458         393.11 Involuntary admission to residential services.—
  459         (1) JURISDICTION.—If When a person has an intellectual
  460  disability is mentally retarded and requires involuntary
  461  admission to residential services provided by the agency, the
  462  circuit court of the county in which the person resides has
  463  shall have jurisdiction to conduct a hearing and enter an order
  464  involuntarily admitting the person in order for that the person
  465  to may receive the care, treatment, habilitation, and
  466  rehabilitation that which the person needs. For the purpose of
  467  identifying intellectual disability mental retardation,
  468  diagnostic capability shall be established by the agency. Except
  469  as otherwise specified, the proceedings under this section are
  470  shall be governed by the Florida Rules of Civil Procedure.
  471         (2) PETITION.—
  472         (c) The petition shall be verified and must shall:
  473         1. State the name, age, and present address of the
  474  commissioners and their relationship to the person who has an
  475  intellectual disability with mental retardation or autism;
  476         2. State the name, age, county of residence, and present
  477  address of the person who has an intellectual disability with
  478  mental retardation or autism;
  479         3. Allege that the commission believes that the person
  480  needs involuntary residential services and specify the factual
  481  information on which the belief is based;
  482         4. Allege that the person lacks sufficient capacity to give
  483  express and informed consent to a voluntary application for
  484  services and lacks the basic survival and self-care skills to
  485  provide for the person’s well-being or is likely to physically
  486  injure others if allowed to remain at liberty; and
  487         5. State which residential setting is the least restrictive
  488  and most appropriate alternative and specify the factual
  489  information on which the belief is based.
  490         (d) The petition must shall be filed in the circuit court
  491  of the county in which the person who has the intellectual
  492  disability with mental retardation or autism resides.
  493         (3) NOTICE.—
  494         (b) If Whenever a motion or petition has been filed
  495  pursuant to s. 916.303 to dismiss criminal charges against a
  496  defendant who has an intellectual disability with retardation or
  497  autism, and a petition is filed to involuntarily admit the
  498  defendant to residential services under this section, the notice
  499  of the filing of the petition must shall also be given to the
  500  defendant’s attorney, the state attorney of the circuit from
  501  which the defendant was committed, and the agency.
  502         (c) The notice must shall state that a hearing shall be set
  503  to inquire into the need of the person who has an intellectual
  504  disability with mental retardation or autism for involuntary
  505  residential services. The notice must shall also state the date
  506  of the hearing on the petition.
  507         (d) The notice must shall state that the individual who has
  508  an intellectual disability with mental retardation or autism has
  509  the right to be represented by counsel of his or her own choice
  510  and that, if the person cannot afford an attorney, the court
  511  shall appoint one.
  512         (4) AGENCY PARTICIPATION.—
  513         (b) Following examination, the agency shall file a written
  514  report with the court at least not less than 10 working days
  515  before the date of the hearing. The report must be served on the
  516  petitioner, the person who has the intellectual disability with
  517  mental retardation, and the person’s attorney at the time the
  518  report is filed with the court.
  519         (5) EXAMINING COMMITTEE.—
  520         (b) The court shall appoint at least no fewer than three
  521  disinterested experts who have demonstrated to the court an
  522  expertise in the diagnosis, evaluation, and treatment of persons
  523  who have intellectual disabilities with mental retardation. The
  524  committee must include at least one licensed and qualified
  525  physician, one licensed and qualified psychologist, and one
  526  qualified professional who, at with a minimum, has of a masters
  527  degree in social work, special education, or vocational
  528  rehabilitation counseling, to examine the person and to testify
  529  at the hearing on the involuntary admission to residential
  530  services.
  531         (e) The committee shall prepare a written report for the
  532  court. The report must explicitly document the extent that the
  533  person meets the criteria for involuntary admission. The report,
  534  and expert testimony, must include, but not be limited to:
  535         1. The degree of the person’s intellectual disability
  536  mental retardation and whether, using diagnostic capabilities
  537  established by the agency, the person is eligible for agency
  538  services;
  539         2. Whether, because of the person’s degree of intellectual
  540  disability mental retardation, the person:
  541         a. Lacks sufficient capacity to give express and informed
  542  consent to a voluntary application for services pursuant to s.
  543  393.065;
  544         b. Lacks basic survival and self-care skills to such a
  545  degree that close supervision and habilitation in a residential
  546  setting is necessary and if not provided would result in a real
  547  and present threat of substantial harm to the person’s well
  548  being; or
  549         c. Is likely to physically injure others if allowed to
  550  remain at liberty.
  551         3. The purpose to be served by residential care;
  552         4. A recommendation on the type of residential placement
  553  which would be the most appropriate and least restrictive for
  554  the person; and
  555         5. The appropriate care, habilitation, and treatment.
  556         (f) The committee shall file the report with the court at
  557  least not less than 10 working days before the date of the
  558  hearing. The report must shall be served on the petitioner, the
  559  person who has the intellectual disability with mental
  560  retardation, the person’s attorney at the time the report is
  561  filed with the court, and the agency.
  562         (g) Members of the examining committee shall receive a
  563  reasonable fee to be determined by the court. The fees shall are
  564  to be paid from the general revenue fund of the county in which
  565  the person who has the intellectual disability with mental
  566  retardation resided when the petition was filed.
  567         (6) COUNSEL; GUARDIAN AD LITEM.—
  568         (a) The person who has the intellectual disability must
  569  with mental retardation shall be represented by counsel at all
  570  stages of the judicial proceeding. If In the event the person is
  571  indigent and cannot afford counsel, the court shall appoint a
  572  public defender at least not less than 20 working days before
  573  the scheduled hearing. The person’s counsel shall have full
  574  access to the records of the service provider and the agency. In
  575  all cases, the attorney shall represent the rights and legal
  576  interests of the person with mental retardation, regardless of
  577  who initiates may initiate the proceedings or pays pay the
  578  attorney’s fee.
  579         (b) If the attorney, during the course of his or her
  580  representation, reasonably believes that the person who has the
  581  intellectual disability with mental retardation cannot
  582  adequately act in his or her own interest, the attorney may seek
  583  the appointment of a guardian ad litem. A prior finding of
  584  incompetency is not required before a guardian ad litem is
  585  appointed pursuant to this section.
  586         (7) HEARING.—
  587         (d) The person who has the intellectual disability must
  588  with mental retardation shall be physically present throughout
  589  the entire proceeding. If the person’s attorney believes that
  590  the person’s presence at the hearing is not in his or her the
  591  person’s best interest, the person’s presence may be waived once
  592  the court has seen the person and the hearing has commenced.
  593         (8) ORDER.—
  594         (b) An order of involuntary admission to residential
  595  services may not be entered unless the court finds that:
  596         1. The person is intellectually disabled mentally retarded
  597  or autistic;
  598         2. Placement in a residential setting is the least
  599  restrictive and most appropriate alternative to meet the
  600  person’s needs; and
  601         3. Because of the person’s degree of intellectual
  602  disability mental retardation or autism, the person:
  603         a. Lacks sufficient capacity to give express and informed
  604  consent to a voluntary application for services pursuant to s.
  605  393.065 and lacks basic survival and self-care skills to such a
  606  degree that close supervision and habilitation in a residential
  607  setting is necessary and, if not provided, would result in a
  608  real and present threat of substantial harm to the person’s
  609  well-being; or
  610         b. Is likely to physically injure others if allowed to
  611  remain at liberty.
  612         (10) COMPETENCY.—
  613         (a) The issue of competency is shall be separate and
  614  distinct from a determination of the appropriateness of
  615  involuntary admission to residential services due to
  616  intellectual disability for a condition of mental retardation.
  617         (b) The issue of the competency of a person who has an
  618  intellectual disability with mental retardation for purposes of
  619  assigning guardianship shall be determined in a separate
  620  proceeding according to the procedures and requirements of
  621  chapter 744. The issue of the competency of a person who has an
  622  intellectual disability with mental retardation or autism for
  623  purposes of determining whether the person is competent to
  624  proceed in a criminal trial shall be determined in accordance
  625  with chapter 916.
  626         (12) APPEAL.—
  627         (b) The filing of an appeal by the person who has an
  628  intellectual disability stays with mental retardation shall stay
  629  admission of the person into residential care. The stay remains
  630  shall remain in effect during the pendency of all review
  631  proceedings in Florida courts until a mandate issues.
  632         Section 11. Subsection (18) of section 394.455, Florida
  633  Statutes, is amended to read:
  634         394.455 Definitions.—As used in this part, unless the
  635  context clearly requires otherwise, the term:
  636         (18) “Mental illness” means an impairment of the mental or
  637  emotional processes that exercise conscious control of one’s
  638  actions or of the ability to perceive or understand reality,
  639  which impairment substantially interferes with the a person’s
  640  ability to meet the ordinary demands of living, regardless of
  641  etiology. For the purposes of this part, the term does not
  642  include a retardation or developmental disability as defined in
  643  chapter 393, intoxication, or conditions manifested only by
  644  antisocial behavior or substance abuse impairment.
  645         Section 12. Subsections (3) through (13) of section
  646  400.960, Florida Statutes, are amended to read:
  647         400.960 Definitions.—As used in this part, the term:
  648         (3)“Autism” has the same meaning as in s. 393.063.
  649         (4)“Cerebral palsy” has the same meaning as in s. 393.063.
  650         (3)(5) “Client” means any person determined by the Agency
  651  for Persons with Disabilities to be eligible for developmental
  652  services.
  653         (4)(6)“Developmentally disabled” “developmental
  654  disability” has the same meaning as “developmental disability”
  655  as that term is defined in s. 393.063.
  656         (5)(7) “Direct service provider” means a person 18 years of
  657  age or older who has direct contact with individuals who have
  658  with developmental disabilities and who is unrelated to such the
  659  individuals with developmental disabilities.
  660         (6)(8) “Intermediate care facility for the developmentally
  661  disabled” means a residential facility licensed and certified in
  662  accordance with state law, and certified by the Federal
  663  Government, pursuant to the Social Security Act, as a provider
  664  of Medicaid services to persons who have with developmental
  665  disabilities.
  666         (9)“Prader-Willi syndrome” has the same meaning as in s.
  667  393.063.
  668         (7)(10)(a) “Restraint” means a physical device, method, or
  669  drug used to control behavior.
  670         (a) A physical restraint is any manual method or physical
  671  or mechanical device, material, or equipment attached or
  672  adjacent to the individual’s body so that he or she cannot
  673  easily remove the restraint and which restricts freedom of
  674  movement or normal access to one’s body.
  675         (b) A drug used as a restraint is a medication used to
  676  control the person’s behavior or to restrict his or her freedom
  677  of movement. Physically holding a person during a procedure to
  678  forcibly administer psychotropic medication is a physical
  679  restraint.
  680         (c) Restraint does not include physical devices, such as
  681  orthopedically prescribed appliances, surgical dressings and
  682  bandages, supportive body bands, or other physical holding when
  683  necessary for routine physical examinations and tests; for
  684  purposes of orthopedic, surgical, or other similar medical
  685  treatment; when used to provide support for the achievement of
  686  functional body position or proper balance; or when used to
  687  protect a person from falling out of bed.
  688         (11) “Retardation” has the same meaning as in s. 393.063.
  689         (8)(12) “Seclusion” means the physical segregation of a
  690  person in any fashion or the involuntary isolation of a person
  691  in a room or area from which the person is prevented from
  692  leaving. The prevention may be by physical barrier or by a staff
  693  member who is acting in a manner, or who is physically situated,
  694  so as to prevent the person from leaving the room or area. For
  695  purposes of this part, the term does not mean isolation due to a
  696  person’s medical condition or symptoms.
  697         (13)“Spina bifida” has the same meaning as in s. 393.063.
  698         Section 13. Subsection (12) of section 408.032, Florida
  699  Statutes, is amended to read:
  700         408.032 Definitions relating to Health Facility and
  701  Services Development Act.—As used in ss. 408.031-408.045, the
  702  term:
  703         (12) “Intermediate care facility for the developmentally
  704  disabled” means a residential facility licensed under part VIII
  705  of chapter 400 chapter 393 and certified by the Federal
  706  Government pursuant to the Social Security Act as a provider of
  707  Medicaid services to persons who are mentally retarded or who
  708  have a related condition.
  709         Section 14. Subsection (8) of section 409.908, Florida
  710  Statutes, is amended to read:
  711         409.908 Reimbursement of Medicaid providers.—Subject to
  712  specific appropriations, the agency shall reimburse Medicaid
  713  providers, in accordance with state and federal law, according
  714  to methodologies set forth in the rules of the agency and in
  715  policy manuals and handbooks incorporated by reference therein.
  716  These methodologies may include fee schedules, reimbursement
  717  methods based on cost reporting, negotiated fees, competitive
  718  bidding pursuant to s. 287.057, and other mechanisms the agency
  719  considers efficient and effective for purchasing services or
  720  goods on behalf of recipients. If a provider is reimbursed based
  721  on cost reporting and submits a cost report late and that cost
  722  report would have been used to set a lower reimbursement rate
  723  for a rate semester, then the provider’s rate for that semester
  724  shall be retroactively calculated using the new cost report, and
  725  full payment at the recalculated rate shall be effected
  726  retroactively. Medicare-granted extensions for filing cost
  727  reports, if applicable, shall also apply to Medicaid cost
  728  reports. Payment for Medicaid compensable services made on
  729  behalf of Medicaid eligible persons is subject to the
  730  availability of moneys and any limitations or directions
  731  provided for in the General Appropriations Act or chapter 216.
  732  Further, nothing in this section shall be construed to prevent
  733  or limit the agency from adjusting fees, reimbursement rates,
  734  lengths of stay, number of visits, or number of services, or
  735  making any other adjustments necessary to comply with the
  736  availability of moneys and any limitations or directions
  737  provided for in the General Appropriations Act, provided the
  738  adjustment is consistent with legislative intent.
  739         (8) A provider of home-based or community-based services
  740  rendered pursuant to a federally approved waiver shall be
  741  reimbursed based on an established or negotiated rate for each
  742  service. These rates shall be established according to an
  743  analysis of the expenditure history and prospective budget
  744  developed by each contract provider participating in the waiver
  745  program, or under any other methodology adopted by the agency
  746  and approved by the Federal Government in accordance with the
  747  waiver. Privately owned and operated community-based residential
  748  facilities which meet agency requirements and which formerly
  749  received Medicaid reimbursement for the optional intermediate
  750  care facility for the intellectually disabled mentally retarded
  751  service may participate in the developmental services waiver as
  752  part of a home-and-community-based continuum of care for
  753  Medicaid recipients who receive waiver services.
  754         Section 15. Subsection (16) of section 413.20, Florida
  755  Statutes, is amended to read:
  756         413.20 Definitions.—As used in this part, the term:
  757         (16) “Person who has a significant disability” means an
  758  individual who has a disability that is a severe physical or
  759  mental impairment that seriously limits one or more functional
  760  capacities, such as mobility, communication, self-care, self
  761  direction, interpersonal skills, work tolerance, or work skills,
  762  in terms of an employment outcome; whose vocational
  763  rehabilitation may be expected to require multiple vocational
  764  rehabilitation services over an extended period of time; and who
  765  has one or more physical or mental disabilities resulting from
  766  amputation, arthritis, autism, blindness, burn injury, cancer,
  767  cerebral palsy, cystic fibrosis, deafness, head injury, heart
  768  disease, hemiplegia, hemophilia, respiratory or pulmonary
  769  dysfunction, intellectual disability mental retardation, mental
  770  illness, multiple sclerosis, muscular dystrophy, musculoskeletal
  771  disorder, neurological disorder, including stroke and epilepsy,
  772  paraplegia, quadriplegia, or other spinal cord condition,
  773  sickle-cell anemia, specific learning disability, end-stage
  774  renal disease, or another disability or a combination of
  775  disabilities that is determined, after an assessment for
  776  determining eligibility and vocational rehabilitation needs, to
  777  cause comparable substantial functional limitation.
  778         Section 16. Paragraph (a) of subsection (6) of section
  779  440.49, Florida Statutes, is amended to read:
  780         440.49 Limitation of liability for subsequent injury
  781  through Special Disability Trust Fund.—
  782         (6) EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.—
  783         (a) Reimbursement is not allowed under this section unless
  784  it is established that the employer knew of the preexisting
  785  permanent physical impairment prior to the occurrence of the
  786  subsequent injury or occupational disease, and that the
  787  permanent physical impairment is one of the following:
  788         1. Epilepsy.
  789         2. Diabetes.
  790         3. Cardiac disease.
  791         4. Amputation of foot, leg, arm, or hand.
  792         5. Total loss of sight of one or both eyes or a partial
  793  loss of corrected vision of more than 75 percent bilaterally.
  794         6. Residual disability from poliomyelitis.
  795         7. Cerebral palsy.
  796         8. Multiple sclerosis.
  797         9. Parkinson’s disease.
  798         10. Meniscectomy.
  799         11. Patellectomy.
  800         12. Ruptured cruciate ligament.
  801         13. Hemophilia.
  802         14. Chronic osteomyelitis.
  803         15. Surgical or spontaneous fusion of a major weight
  804  bearing joint.
  805         16. Hyperinsulinism.
  806         17. Muscular dystrophy.
  807         18. Thrombophlebitis.
  808         19. Herniated intervertebral disk.
  809         20. Surgical removal of an intervertebral disk or spinal
  810  fusion.
  811         21. One or more back injuries or a disease process of the
  812  back resulting in disability over a total of 120 or more days,
  813  if substantiated by a doctor’s opinion that there was a
  814  preexisting impairment to the claimant’s back.
  815         22. Total deafness.
  816         23. Intellectual disability if Mental retardation, provided
  817  the employee’s intelligence quotient is such that she or he
  818  falls within the lowest 2 percentile of the general population.
  819  However, it shall not be necessary for the employer does not
  820  need to know the employee’s actual intelligence quotient or
  821  actual relative ranking in relation to the intelligence quotient
  822  of the general population.
  823         24. Any permanent physical condition that which, prior to
  824  the industrial accident or occupational disease, constitutes a
  825  20 percent 20-percent impairment of a member or of the body as a
  826  whole.
  827         25. Obesity if, provided the employee is 30 percent or more
  828  over the average weight designated for her or his height and age
  829  in the Table of Average Weight of Americans by Height and Age
  830  prepared by the Society of Actuaries using data from the 1979
  831  Build and Blood Pressure Study.
  832         26. Any permanent physical impairment as provided defined
  833  in s. 440.15(3) which is a result of a prior industrial accident
  834  with the same employer or the employer’s parent company,
  835  subsidiary, sister company, or affiliate located within the
  836  geographical boundaries of this state.
  837         Section 17. Paragraph (g) of subsection (1) of section
  838  499.0054, Florida Statutes, is amended to read:
  839         499.0054 Advertising and labeling of drugs, devices, and
  840  cosmetics; exemptions.—
  841         (1) It is a violation of the Florida Drug and Cosmetic Act
  842  to perform or cause the performance of any of the following
  843  acts:
  844         (g) The advertising of any drug or device represented to
  845  have any effect in any of the following conditions, disorders,
  846  diseases, or processes:
  847         1. Blood disorders.
  848         2. Bone or joint diseases.
  849         3. Kidney diseases or disorders.
  850         4. Cancer.
  851         5. Diabetes.
  852         6. Gall bladder diseases or disorders.
  853         7. Heart and vascular diseases.
  854         8. High blood pressure.
  855         9. Diseases or disorders of the ear or auditory apparatus,
  856  including hearing loss or deafness.
  857         10. Mental disease or intellectual disability mental
  858  retardation.
  859         11. Paralysis.
  860         12. Prostate gland disorders.
  861         13. Conditions of the scalp affecting hair loss.
  862         14. Baldness.
  863         15. Endocrine disorders.
  864         16. Sexual impotence.
  865         17. Tumors.
  866         18. Venereal diseases.
  867         19. Varicose ulcers.
  868         20. Breast enlargement.
  869         21. Purifying blood.
  870         22. Metabolic disorders.
  871         23. Immune system disorders or conditions affecting the
  872  immune system.
  873         24. Extension of life expectancy.
  874         25. Stress and tension.
  875         26. Brain stimulation or performance.
  876         27. The body’s natural defense mechanisms.
  877         28. Blood flow.
  878         29. Depression.
  879         30. Human immunodeficiency virus or acquired immune
  880  deficiency syndrome or related disorders or conditions.
  881         Section 18. Section 514.072, Florida Statutes, is amended
  882  to read:
  883         514.072 Certification of swimming instructors for people
  884  who have developmental disabilities required.—Any person working
  885  at a swimming pool who holds himself or herself out as a
  886  swimming instructor specializing in training people who have
  887  developmental disabilities, as defined in s. 393.063(9), may be
  888  certified by the Dan Marino Foundation, Inc., in addition to
  889  being certified under s. 514.071. The Dan Marino Foundation,
  890  Inc., must develop certification requirements and a training
  891  curriculum for swimming instructors for people who have
  892  developmental disabilities and must submit the certification
  893  requirements to the Department of Health for review by January
  894  1, 2007. A person certified under s. 514.071 before July 1,
  895  2007, must meet the additional certification requirements of
  896  this section before January 1, 2008. A person certified under s.
  897  514.071 on or after July 1, 2007, must meet the additional
  898  certification requirements of this section within 6 months after
  899  receiving certification under s. 514.071.
  900         Section 19. Section 627.6041, Florida Statutes, is amended
  901  to read:
  902         627.6041 Handicapped Children with disabilities;
  903  continuation of coverage.—
  904         (1) A hospital or medical expense insurance policy or
  905  health care services plan contract that is delivered or issued
  906  for delivery in this state and that provides that coverage of a
  907  dependent child terminates will terminate upon attainment of the
  908  limiting age for dependent children specified in the policy or
  909  contract must shall also provide in substance that attainment of
  910  the limiting age does not terminate the coverage of the child
  911  while the child continues to be both:
  912         (a)(1) Incapable of self-sustaining employment by reason of
  913  an intellectual mental retardation or physical disability.
  914  handicap; and
  915         (b)(2) Chiefly dependent upon the policyholder or
  916  subscriber for support and maintenance.
  917         (2) If a claim is denied under a policy or contract for the
  918  stated reason that the child has attained the limiting age for
  919  dependent children specified in the policy or contract, the
  920  notice of denial must state that the policyholder has the burden
  921  of establishing that the child continues to meet the criteria
  922  specified in subsection subsections (1) and (2).
  923         Section 20. Section 627.6615, Florida Statutes, is amended
  924  to read:
  925         627.6615 Handicapped Children with disabilities;
  926  continuation of coverage under group policy.—
  927         (1) A group health insurance policy or health care services
  928  plan contract that is delivered or issued for delivery in this
  929  state and that provides that coverage of a dependent child of an
  930  employee or other member of the covered group terminates will
  931  terminate upon attainment of the limiting age for dependent
  932  children specified in the policy or contract must shall also
  933  provide in substance that attainment of the limiting age does
  934  not terminate the coverage of the child while the child
  935  continues to be both:
  936         (a)(1) Incapable of self-sustaining employment by reason of
  937  an intellectual mental retardation or physical disability.
  938  handicap; and
  939         (b)(2) Chiefly dependent upon the employee or member for
  940  support and maintenance.
  941         (2) If a claim is denied under a policy or contract for the
  942  stated reason that the child has attained the limiting age for
  943  dependent children specified in the policy or contract, the
  944  notice of denial must state that the certificateholder or
  945  subscriber has the burden of establishing that the child
  946  continues to meet the criteria specified in subsection
  947  subsections (1) and (2).
  948         Section 21. Subsection (29) of section 641.31, Florida
  949  Statutes, is amended to read:
  950         641.31 Health maintenance contracts.—
  951         (29) If a health maintenance contract provides that
  952  coverage of a dependent child of the subscriber terminates will
  953  terminate upon attainment of the limiting age for dependent
  954  children which is specified in the contract, the contract must
  955  also provide in substance that attainment of the limiting age
  956  does not terminate the coverage of the child while the child
  957  continues to be both:
  958         (a) Incapable of self-sustaining employment by reason of an
  959  intellectual mental retardation or physical disability.
  960  handicap, and
  961         (b) Chiefly dependent upon the employee or member for
  962  support and maintenance.
  963  
  964  If the claim is denied under a contract for the stated reason
  965  that the child has attained the limiting age for dependent
  966  children specified in the contract, the notice or denial must
  967  state that the subscriber has the burden of establishing that
  968  the child continues to meet the criteria specified in this
  969  subsection paragraphs (a) and (b).
  970         Section 22. Subsection (4) of section 650.05, Florida
  971  Statutes, is amended to read:
  972         650.05 Plans for coverage of employees of political
  973  subdivisions.—
  974         (4)(a) Notwithstanding any other provision of this chapter,
  975  effective January 1, 1972, all state political subdivisions
  976  receiving financial aid which that provide social security
  977  coverage for their employees pursuant to the provisions of this
  978  chapter and the provisions of the various retirement systems as
  979  authorized by law shall, in addition to other purposes, use
  980  utilize all grants-in-aid and other revenue received from the
  981  state to pay the employer’s share of social security cost.
  982         (b) The grants-in-aid and other revenue referred to in
  983  paragraph (a) specifically include, but are not limited to,
  984  minimum foundation program grants to public school districts and
  985  community colleges; gasoline, motor fuel, cigarette, racing, and
  986  insurance premium taxes distributed to political subdivisions;
  987  and amounts specifically appropriated as grants-in-aid for
  988  mental health, intellectual disabilities mental retardation, and
  989  mosquito control programs.
  990         Section 23. Subsection (1) of section 765.204, Florida
  991  Statutes, is amended to read:
  992         765.204 Capacity of principal; procedure.—
  993         (1) A principal is presumed to be capable of making health
  994  care decisions for herself or himself unless she or he is
  995  determined to be incapacitated. Incapacity may not be inferred
  996  from the person’s voluntary or involuntary hospitalization for
  997  mental illness or from her or his intellectual disability mental
  998  retardation.
  999         Section 24. Section 849.04, Florida Statutes, is amended to
 1000  read:
 1001         849.04 Permitting minors and persons under guardianship to
 1002  gamble.—Whoever being The proprietor, owner, or keeper of any E.
 1003  O., keno or pool table, or billiard table, wheel of fortune, or
 1004  other game of chance, kept for the purpose of betting, who
 1005  willfully and knowingly allows a any minor or any person who is
 1006  mentally incompetent or under guardianship to play at such game
 1007  or to bet on such game of chance; or whoever aids or abets or
 1008  otherwise encourages such playing or betting of any money or
 1009  other valuable thing upon the result of such game of chance by a
 1010  any minor or any person who is mentally incompetent or under
 1011  guardianship, commits shall be guilty of a felony of the third
 1012  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1013  775.084. For the purpose of this section, the term aperson who
 1014  is mentally incompetent personmeans a person is one who
 1015  because of mental illness, intellectual disability mental
 1016  retardation, senility, excessive use of drugs or alcohol, or
 1017  other mental incapacity is incapable of either managing his or
 1018  her property or caring for himself or herself or both.
 1019         Section 25. Section 914.16, Florida Statutes, is amended to
 1020  read:
 1021         914.16 Child abuse and sexual abuse of victims under age 16
 1022  or who have an intellectual disability persons with mental
 1023  retardation; limits on interviews.—The chief judge of each
 1024  judicial circuit, after consultation with the state attorney and
 1025  the public defender for the judicial circuit, the appropriate
 1026  chief law enforcement officer, and any other person deemed
 1027  appropriate by the chief judge, shall provide by order
 1028  reasonable limits on the number of interviews which that a
 1029  victim of a violation of s. 794.011, s. 800.04, s. 827.03, or s.
 1030  847.0135(5) who is under 16 years of age or a victim of a
 1031  violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who
 1032  has an intellectual disability is a person with mental
 1033  retardation as defined in s. 393.063 must submit to for law
 1034  enforcement or discovery purposes. The order shall, To the
 1035  extent possible, the order must protect the victim from the
 1036  psychological damage of repeated interrogations while preserving
 1037  the rights of the public, the victim, and the person charged
 1038  with the violation.
 1039         Section 26. Section 914.17, Florida Statutes, is amended to
 1040  read:
 1041         914.17 Appointment of advocate for victims or witnesses who
 1042  are minors or intellectually disabled persons with mental
 1043  retardation.—
 1044         (1) A guardian ad litem or other advocate shall be
 1045  appointed by the court to represent a minor in any criminal
 1046  proceeding if the minor is a victim of or witness to child abuse
 1047  or neglect, or if the minor is a victim of a sexual offense, or
 1048  a witness to a sexual offense committed against another minor.
 1049  The court may appoint a guardian ad litem or other advocate in
 1050  any other criminal proceeding in which a minor is involved as
 1051  either a victim or a witness. The guardian ad litem or other
 1052  advocate shall have full access to all evidence and reports
 1053  introduced during the proceedings, may interview witnesses, may
 1054  make recommendations to the court, shall be noticed and have the
 1055  right to appear on behalf of the minor at all proceedings, and
 1056  may request additional examinations by medical doctors,
 1057  psychiatrists, or psychologists. It is the duty of The guardian
 1058  ad litem or other advocate shall to perform the following
 1059  services:
 1060         (a) To Explain, in language understandable to the minor,
 1061  all legal proceedings in which the minor is shall be involved;
 1062         (b) To Act, as a friend of the court, to advise the judge,
 1063  whenever appropriate, of the minor’s ability to understand and
 1064  cooperate with any court proceeding; and
 1065         (c) To Assist the minor and the minor’s family in coping
 1066  with the emotional effects of the crime and subsequent criminal
 1067  proceedings in which the minor is involved.
 1068         (2) An advocate shall be appointed by the court to
 1069  represent a person who has an intellectual disability with
 1070  mental retardation as defined in s. 393.063 in any criminal
 1071  proceeding if the person with mental retardation is a victim of
 1072  or witness to abuse or neglect, or if the person with mental
 1073  retardation is a victim of a sexual offense, or a witness to a
 1074  sexual offense committed against a minor or person who has an
 1075  intellectual disability with mental retardation. The court may
 1076  appoint an advocate in any other criminal proceeding in which
 1077  such a person with mental retardation is involved as either a
 1078  victim or a witness. The advocate shall have full access to all
 1079  evidence and reports introduced during the proceedings, may
 1080  interview witnesses, may make recommendations to the court,
 1081  shall be noticed and have the right to appear on behalf of the
 1082  person with mental retardation at all proceedings, and may
 1083  request additional examinations by medical doctors,
 1084  psychiatrists, or psychologists. It is the duty of The advocate
 1085  shall to perform the following services:
 1086         (a) To Explain, in language understandable to the person
 1087  with mental retardation, all legal proceedings in which the
 1088  person is shall be involved;
 1089         (b) To Act, as a friend of the court, to advise the judge,
 1090  whenever appropriate, of the person’s person with mental
 1091  retardation’s ability to understand and cooperate with any court
 1092  proceedings; and
 1093         (c) To Assist the person with mental retardation and the
 1094  person’s family in coping with the emotional effects of the
 1095  crime and subsequent criminal proceedings in which the person
 1096  with mental retardation is involved.
 1097         (3) Any person participating in a judicial proceeding as a
 1098  guardian ad litem or other advocate is shall be presumed prima
 1099  facie to be acting in good faith and in so doing is shall be
 1100  immune from any liability, civil or criminal, which that
 1101  otherwise might be incurred or imposed.
 1102         Section 27. Subsections (1), (2), and (3) of section
 1103  916.105, Florida Statutes, are amended to read:
 1104         916.105 Legislative intent.—
 1105         (1) It is the intent of the Legislature that the Department
 1106  of Children and Family Services and the Agency for Persons with
 1107  Disabilities, as appropriate, establish, locate, and maintain
 1108  separate and secure forensic facilities and programs for the
 1109  treatment or training of defendants who have been charged with a
 1110  felony and who have been found to be incompetent to proceed due
 1111  to their mental illness, intellectual disability mental
 1112  retardation, or autism, or who have been acquitted of a felony
 1113  by reason of insanity, and who, while still under the
 1114  jurisdiction of the committing court, are committed to the
 1115  department or agency under the provisions of this chapter. Such
 1116  facilities must shall be sufficient to accommodate the number of
 1117  defendants committed under the conditions noted above. Except
 1118  for those defendants found by the department or agency to be
 1119  appropriate for treatment or training in a civil facility or
 1120  program pursuant to subsection (3), forensic facilities must
 1121  shall be designed and administered so that ingress and egress,
 1122  together with other requirements of this chapter, may be
 1123  strictly controlled by staff responsible for security in order
 1124  to protect the defendant, facility personnel, other clients, and
 1125  citizens in adjacent communities.
 1126         (2) It is the intent of the Legislature that treatment or
 1127  training programs for defendants who are found to have mental
 1128  illness, intellectual disability mental retardation, or autism
 1129  and are involuntarily committed to the department or agency, and
 1130  who are still under the jurisdiction of the committing court, be
 1131  provided in a manner, subject to security requirements and other
 1132  mandates of this chapter, which ensures as to ensure the rights
 1133  of the defendants as provided in this chapter.
 1134         (3) It is the intent of the Legislature that evaluation and
 1135  services to defendants who have mental illness, intellectual
 1136  disability mental retardation, or autism be provided in
 1137  community settings, in community residential facilities, or in
 1138  civil facilities, whenever this is a feasible alternative to
 1139  treatment or training in a state forensic facility.
 1140         Section 28. Subsections (1), (10), (11), (12), and (17) of
 1141  section 916.106, Florida Statutes, are amended, and subsections
 1142  (13) through (15) of that section are reordered and amended, to
 1143  read:
 1144         916.106 Definitions.—For the purposes of this chapter, the
 1145  term:
 1146         (1) “Agency” means the Agency for Persons with
 1147  Disabilities. The agency is responsible for training forensic
 1148  clients who are developmentally disabled due to intellectual
 1149  disability mental retardation or autism and have been determined
 1150  incompetent to proceed.
 1151         (10) “Forensic facility” means a separate and secure
 1152  facility established within the department or agency to serve
 1153  forensic clients. A separate and secure facility means a
 1154  security-grade building for the purpose of separately housing
 1155  persons who have mental illness from persons who have
 1156  intellectual disabilities with retardation or autism and
 1157  separately housing persons who have been involuntarily committed
 1158  pursuant to this chapter from nonforensic residents.
 1159         (11) “Incompetent to proceed” means unable to proceed at
 1160  any material stage of a criminal proceeding, which includes the
 1161  shall include trial of the case, pretrial hearings involving
 1162  questions of fact on which the defendant might be expected to
 1163  testify, entry of a plea, proceedings for violation of probation
 1164  or violation of community control, sentencing, and hearings on
 1165  issues regarding a defendant’s failure to comply with court
 1166  orders or conditions or other matters in which the mental
 1167  competence of the defendant is necessary for a just resolution
 1168  of the issues being considered.
 1169         (12) “Institutional security personnel” means the staff of
 1170  forensic facilities who meet or exceed the requirements of s.
 1171  943.13 and who are responsible for providing security,
 1172  protecting clients and personnel, enforcing rules, preventing
 1173  and investigating unauthorized activities, and safeguarding the
 1174  interests of residents citizens in the surrounding communities.
 1175         (14)(13) “Mental illness” means an impairment of the
 1176  emotional processes that exercise conscious control of one’s
 1177  actions, or of the ability to perceive or understand reality,
 1178  which impairment substantially interferes with the a defendant’s
 1179  ability to meet the ordinary demands of living. For the purposes
 1180  of this chapter, the term does not apply to defendants who have
 1181  only an intellectual disability with only mental retardation or
 1182  autism and does not include intoxication or conditions
 1183  manifested only by antisocial behavior or substance abuse
 1184  impairment.
 1185         (15)(14) “Restraint” means a physical device, method, or
 1186  drug used to control dangerous behavior.
 1187         (a) A physical restraint is any manual method or physical
 1188  or mechanical device, material, or equipment attached or
 1189  adjacent to a person’s body so that he or she cannot easily
 1190  remove the restraint and that restricts freedom of movement or
 1191  normal access to one’s body.
 1192         (b) A drug used as a restraint is a medication used to
 1193  control the person’s behavior or to restrict his or her freedom
 1194  of movement and not part of the standard treatment regimen of
 1195  the person with a diagnosed mental illness who is a client of
 1196  the department. Physically holding a person during a procedure
 1197  to forcibly administer psychotropic medication is a physical
 1198  restraint.
 1199         (c) Restraint does not include physical devices, such as
 1200  orthopedically prescribed appliances, surgical dressings and
 1201  bandages, supportive body bands, or other physical holding when
 1202  necessary for routine physical examinations and tests; for
 1203  purposes of orthopedic, surgical, or other similar medical
 1204  treatment; when used to provide support for the achievement of
 1205  functional body position or proper balance; or when used to
 1206  protect a person from falling out of bed.
 1207         (13)(15)“Intellectual disability” “Retardation” has the
 1208  same meaning as in s. 393.063.
 1209         (17) “Social service professional” means a person whose
 1210  minimum qualifications include a bachelor’s degree and at least
 1211  2 years of social work, clinical practice, special education,
 1212  habilitation, or equivalent experience working directly with
 1213  persons who have intellectual disabilities with retardation,
 1214  autism, or other developmental disabilities.
 1215         Section 29. Paragraph (a) of subsection (1) and paragraph
 1216  (a) of subsection (3) of section 916.107, Florida Statutes, are
 1217  amended to read:
 1218         916.107 Rights of forensic clients.—
 1219         (1) RIGHT TO INDIVIDUAL DIGNITY.—
 1220         (a) The policy of the state is that the individual dignity
 1221  of the client shall be respected at all times and upon all
 1222  occasions, including any occasion when the forensic client is
 1223  detained, transported, or treated. Clients with mental illness,
 1224  intellectual disability retardation, or autism and who are
 1225  charged with committing felonies shall receive appropriate
 1226  treatment or training. In a criminal case involving a client who
 1227  has been adjudicated incompetent to proceed or not guilty by
 1228  reason of insanity, a jail may be used as an emergency facility
 1229  for up to 15 days following the date the department or agency
 1230  receives a completed copy of the court commitment order
 1231  containing all documentation required by the applicable Florida
 1232  Rules of Criminal Procedure. For a forensic client who is held
 1233  in a jail awaiting admission to a facility of the department or
 1234  agency, evaluation and treatment or training may be provided in
 1235  the jail by the local community mental health provider for
 1236  mental health services, by the developmental disabilities
 1237  program for persons with intellectual disability retardation or
 1238  autism, the client’s physician or psychologist, or any other
 1239  appropriate program until the client is transferred to a civil
 1240  or forensic facility.
 1241         (3) RIGHT TO EXPRESS AND INFORMED CONSENT.—
 1242         (a) A forensic client shall be asked to give express and
 1243  informed written consent for treatment. If a client refuses such
 1244  treatment as is deemed necessary and essential by the client’s
 1245  multidisciplinary treatment team for the appropriate care of the
 1246  client, such treatment may be provided under the following
 1247  circumstances:
 1248         1. In an emergency situation in which there is immediate
 1249  danger to the safety of the client or others, such treatment may
 1250  be provided upon the written order of a physician for a period
 1251  not to exceed 48 hours, excluding weekends and legal holidays.
 1252  If, after the 48-hour period, the client has not given express
 1253  and informed consent to the treatment initially refused, the
 1254  administrator or designee of the civil or forensic facility
 1255  shall, within 48 hours, excluding weekends and legal holidays,
 1256  petition the committing court or the circuit court serving the
 1257  county in which the facility is located, at the option of the
 1258  facility administrator or designee, for an order authorizing the
 1259  continued treatment of the client. In the interim, the need for
 1260  treatment shall be reviewed every 48 hours and may be continued
 1261  without the consent of the client upon the continued written
 1262  order of a physician who has determined that the emergency
 1263  situation continues to present a danger to the safety of the
 1264  client or others.
 1265         2. In a situation other than an emergency situation, the
 1266  administrator or designee of the facility shall petition the
 1267  court for an order authorizing necessary and essential treatment
 1268  for the client. The order shall allow such treatment for a
 1269  period not to exceed 90 days following the date of the entry of
 1270  the order. Unless the court is notified in writing that the
 1271  client has provided express and informed consent in writing or
 1272  that the client has been discharged by the committing court, the
 1273  administrator or designee shall, before prior to the expiration
 1274  of the initial 90-day order, petition the court for an order
 1275  authorizing the continuation of treatment for another 90-day
 1276  period. This procedure shall be repeated until the client
 1277  provides consent or is discharged by the committing court.
 1278         3. At the hearing on the issue of whether the court should
 1279  enter an order authorizing treatment for which a client was
 1280  unable to or refused to give express and informed consent, the
 1281  court shall determine by clear and convincing evidence that the
 1282  client has mental illness, intellectual disability retardation,
 1283  or autism, that the treatment not consented to is essential to
 1284  the care of the client, and that the treatment not consented to
 1285  is not experimental and does not present an unreasonable risk of
 1286  serious, hazardous, or irreversible side effects. In arriving at
 1287  the substitute judgment decision, the court must consider at
 1288  least the following factors:
 1289         a. The client’s expressed preference regarding treatment;
 1290         b. The probability of adverse side effects;
 1291         c. The prognosis without treatment; and
 1292         d. The prognosis with treatment.
 1293  
 1294  The hearing shall be as convenient to the client as may be
 1295  consistent with orderly procedure and shall be conducted in
 1296  physical settings not likely to be injurious to the client’s
 1297  condition. The court may appoint a general or special magistrate
 1298  to preside at the hearing. The client or the client’s guardian,
 1299  and the representative, shall be provided with a copy of the
 1300  petition and the date, time, and location of the hearing. The
 1301  client has the right to have an attorney represent him or her at
 1302  the hearing, and, if the client is indigent, the court shall
 1303  appoint the office of the public defender to represent the
 1304  client at the hearing. The client may testify or not, as he or
 1305  she chooses, and has the right to cross-examine witnesses and
 1306  may present his or her own witnesses.
 1307         Section 30. The Division of Law Revision and Information is
 1308  requested to rename part III of chapter 916, Florida Statutes,
 1309  consisting of ss. 916.301-916.304, as “Forensic Services for
 1310  Persons who are Intellectually Disabled or Autistic.”
 1311         Section 31. Subsections (1) and (2) of section 916.301,
 1312  Florida Statutes, are amended to read:
 1313         916.301 Appointment of experts.—
 1314         (1) All evaluations ordered by the court under this part
 1315  must be conducted by qualified experts who have expertise in
 1316  evaluating persons who have an intellectual disability with
 1317  retardation or autism. The agency shall maintain and provide the
 1318  courts annually with a list of available retardation and autism
 1319  professionals who are appropriately licensed and qualified to
 1320  perform evaluations of defendants alleged to be incompetent to
 1321  proceed due to intellectual disability retardation or autism.
 1322  The courts may use professionals from this list when appointing
 1323  experts and ordering evaluations under this part.
 1324         (2) If a defendant’s suspected mental condition is
 1325  intellectual disability retardation or autism, the court shall
 1326  appoint the following:
 1327         (a) At least one, or at the request of any party, two
 1328  experts to evaluate whether the defendant meets the definition
 1329  of intellectual disability retardation or autism and, if so,
 1330  whether the defendant is competent to proceed; and
 1331         (b) A psychologist selected by the agency who is licensed
 1332  or authorized by law to practice in this state, with experience
 1333  in evaluating persons suspected of having an intellectual
 1334  disability retardation or autism, and a social service
 1335  professional, with experience in working with persons who have
 1336  an intellectual disability with retardation or autism.
 1337         1. The psychologist shall evaluate whether the defendant
 1338  meets the definition of intellectual disability retardation or
 1339  autism and, if so, whether the defendant is incompetent to
 1340  proceed due to intellectual disability retardation or autism.
 1341         2. The social service professional shall provide a social
 1342  and developmental history of the defendant.
 1343         Section 32. Subsections (1), (2), and (4) of section
 1344  916.3012, Florida Statutes, are amended to read:
 1345         916.3012 Mental competence to proceed.—
 1346         (1) A defendant whose suspected mental condition is
 1347  intellectual disability retardation or autism is incompetent to
 1348  proceed within the meaning of this chapter if the defendant does
 1349  not have sufficient present ability to consult with the
 1350  defendant’s lawyer with a reasonable degree of rational
 1351  understanding or if the defendant has no rational, as well as
 1352  factual, understanding of the proceedings against the defendant.
 1353         (2) Experts in intellectual disability retardation or
 1354  autism appointed pursuant to s. 916.301 shall first consider
 1355  whether the defendant meets the definition of intellectual
 1356  disability retardation or autism and, if so, consider the
 1357  factors related to the issue of whether the defendant meets the
 1358  criteria for competence to proceed as described in subsection
 1359  (1).
 1360         (4) If the experts should find that the defendant is
 1361  incompetent to proceed, the experts shall report on any
 1362  recommended training for the defendant to attain competence to
 1363  proceed. In considering the issues relating to training, the
 1364  examining experts shall specifically report on:
 1365         (a) The intellectual disability retardation or autism
 1366  causing the incompetence;
 1367         (b) The training appropriate for the intellectual
 1368  disability retardation or autism of the defendant and an
 1369  explanation of each of the possible training alternatives in
 1370  order of choices;
 1371         (c) The availability of acceptable training and, if
 1372  training is available in the community, the expert shall so
 1373  state in the report; and
 1374         (d) The likelihood of the defendant’s attaining competence
 1375  under the training recommended, an assessment of the probable
 1376  duration of the training required to restore competence, and the
 1377  probability that the defendant will attain competence to proceed
 1378  in the foreseeable future.
 1379         Section 33. Subsection (1), paragraphs (a) and (b) of
 1380  subsection (2), and paragraph (a) of subsection (3) of section
 1381  916.302, Florida Statutes, are amended to read:
 1382         916.302 Involuntary commitment of defendant determined to
 1383  be incompetent to proceed.—
 1384         (1) CRITERIA.—Every defendant who is charged with a felony
 1385  and who is adjudicated incompetent to proceed due to
 1386  intellectual disability retardation or autism may be
 1387  involuntarily committed for training upon a finding by the court
 1388  of clear and convincing evidence that:
 1389         (a) The defendant has an intellectual disability
 1390  retardation or autism;
 1391         (b) There is a substantial likelihood that in the near
 1392  future the defendant will inflict serious bodily harm on himself
 1393  or herself or another person, as evidenced by recent behavior
 1394  causing, attempting, or threatening such harm;
 1395         (c) All available, less restrictive alternatives, including
 1396  services provided in community residential facilities or other
 1397  community settings, which would offer an opportunity for
 1398  improvement of the condition have been judged to be
 1399  inappropriate; and
 1400         (d) There is a substantial probability that the
 1401  intellectual disability retardation or autism causing the
 1402  defendant’s incompetence will respond to training and the
 1403  defendant will regain competency to proceed in the reasonably
 1404  foreseeable future.
 1405         (2) ADMISSION TO A FACILITY.—
 1406         (a) A defendant who has been charged with a felony and who
 1407  is found to be incompetent to proceed due to intellectual
 1408  disability retardation or autism, and who meets the criteria for
 1409  involuntary commitment to the agency under the provisions of
 1410  this chapter, shall be committed to the agency, and the agency
 1411  shall retain and provide appropriate training for the defendant.
 1412  Within No later than 6 months after the date of admission or at
 1413  the end of any period of extended commitment or at any time the
 1414  administrator or designee determines shall have determined that
 1415  the defendant has regained competency to proceed or no longer
 1416  meets the criteria for continued commitment, the administrator
 1417  or designee shall file a report with the court pursuant to this
 1418  chapter and the applicable Florida Rules of Criminal Procedure.
 1419         (b) A defendant determined to be incompetent to proceed due
 1420  to intellectual disability retardation or autism may be ordered
 1421  by a circuit court into a forensic facility designated by the
 1422  agency for defendants who have an intellectual disability mental
 1423  retardation or autism.
 1424         (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.—
 1425         (a) If a defendant has both an intellectual disability
 1426  mental retardation or autism and has a mental illness,
 1427  evaluations must address which condition is primarily affecting
 1428  the defendant’s competency to proceed. Referral of the defendant
 1429  should be made to a civil or forensic facility most appropriate
 1430  to address the symptoms that are the cause of the defendant’s
 1431  incompetence.
 1432         Section 34. Subsection (1) of section 916.3025, Florida
 1433  Statutes, is amended to read:
 1434         916.3025 Jurisdiction of committing court.—
 1435         (1) The committing court shall retain jurisdiction in the
 1436  case of any defendant found to be incompetent to proceed due to
 1437  intellectual disability retardation or autism and ordered into a
 1438  forensic facility designated by the agency for defendants who
 1439  have intellectual disabilities mental retardation or autism. A
 1440  defendant may not be released except by the order of the
 1441  committing court. An administrative hearing examiner does not
 1442  have jurisdiction to determine issues of continuing commitment
 1443  or release of any defendant involuntarily committed pursuant to
 1444  this chapter.
 1445         Section 35. Section 916.303, Florida Statutes, is amended
 1446  to read:
 1447         916.303 Determination of incompetency due to retardation or
 1448  autism; dismissal of charges.—
 1449         (1) The charges against any defendant found to be
 1450  incompetent to proceed due to intellectual disability
 1451  retardation or autism shall be dismissed without prejudice to
 1452  the state if the defendant remains incompetent to proceed within
 1453  a reasonable time after such determination, not to exceed 2
 1454  years, unless the court in its order specifies its reasons for
 1455  believing that the defendant will become competent to proceed
 1456  within the foreseeable future and specifies the time within
 1457  which the defendant is expected to become competent to proceed.
 1458  The charges may be refiled by the state if the defendant is
 1459  declared competent to proceed in the future.
 1460         (2) If the charges are dismissed and if the defendant is
 1461  considered to lack sufficient capacity to give express and
 1462  informed consent to a voluntary application for services and
 1463  lacks the basic survival and self-care skills to provide for his
 1464  or her well-being or is likely to physically injure himself or
 1465  herself or others if allowed to remain at liberty, the agency,
 1466  the state attorney, or the defendant’s attorney shall apply to
 1467  the committing court to involuntarily admit the defendant to
 1468  residential services pursuant to s. 393.11.
 1469         (3) If the defendant is considered to need involuntary
 1470  residential services for reasons described in subsection (2)
 1471  and, further, there is a substantial likelihood that the
 1472  defendant will injure another person or continues to present a
 1473  danger of escape, and all available less restrictive
 1474  alternatives, including services in community residential
 1475  facilities or other community settings, which would offer an
 1476  opportunity for improvement of the condition have been judged to
 1477  be inappropriate, the agency, the state attorney, or the
 1478  defendant’s counsel may request the committing court to continue
 1479  the defendant’s placement in a secure facility pursuant to this
 1480  part. Any placement so continued under this subsection must be
 1481  reviewed by the court at least annually at a hearing. The annual
 1482  review and hearing must shall determine whether the defendant
 1483  continues to meet the criteria described in this subsection and,
 1484  if so, whether the defendant still requires involuntary
 1485  placement in a secure facility and whether the defendant is
 1486  receiving adequate care, treatment, habilitation, and
 1487  rehabilitation, including psychotropic medication and behavioral
 1488  programming. Notice of the annual review and review hearing
 1489  shall be given to the state attorney and the defendant’s
 1490  attorney. In no instance may A defendant’s placement in a secure
 1491  facility may not exceed the maximum sentence for the crime for
 1492  which the defendant was charged.
 1493         Section 36. Subsection (1) of section 916.304, Florida
 1494  Statutes, is amended to read:
 1495         916.304 Conditional release.—
 1496         (1) Except for an inmate currently serving a prison
 1497  sentence, the committing court may order a conditional release
 1498  of any defendant who has been found to be incompetent to proceed
 1499  due to intellectual disability retardation or autism, based on
 1500  an approved plan for providing community-based training. The
 1501  committing criminal court may order a conditional release of any
 1502  defendant to a civil facility in lieu of an involuntary
 1503  commitment to a forensic facility pursuant to s. 916.302. Upon a
 1504  recommendation that community-based training for the defendant
 1505  is appropriate, a written plan for community-based training,
 1506  including recommendations from qualified professionals, may be
 1507  filed with the court, with copies to all parties. Such a plan
 1508  may also be submitted by the defendant and filed with the court,
 1509  with copies to all parties. The plan must include:
 1510         (a) Special provisions for residential care and adequate
 1511  supervision of the defendant, including recommended location of
 1512  placement.
 1513         (b) Recommendations for auxiliary services such as
 1514  vocational training, psychological training, educational
 1515  services, leisure services, and special medical care.
 1516  
 1517  In its order of conditional release, the court shall specify the
 1518  conditions of release based upon the release plan and shall
 1519  direct the appropriate agencies or persons to submit periodic
 1520  reports to the courts regarding the defendant’s compliance with
 1521  the conditions of the release and progress in training, with
 1522  copies to all parties.
 1523         Section 37. Section 918.16, Florida Statutes, is amended to
 1524  read:
 1525         918.16 Sex offenses; testimony of person under age 16 or
 1526  who has an intellectual disability person with mental
 1527  retardation; testimony of victim; courtroom cleared;
 1528  exceptions.—
 1529         (1) Except as provided in subsection (2), in the trial of
 1530  any case, civil or criminal, if when any person under the age of
 1531  16 or any person with an intellectual disability mental
 1532  retardation as defined in s. 393.063 is testifying concerning
 1533  any sex offense, the court shall clear the courtroom of all
 1534  persons except parties to the cause and their immediate families
 1535  or guardians, attorneys and their secretaries, officers of the
 1536  court, jurors, newspaper reporters or broadcasters, court
 1537  reporters, and, at the request of the victim, victim or witness
 1538  advocates designated by the state attorney’s office.
 1539         (2) If When the victim of a sex offense is testifying
 1540  concerning that offense in any civil or criminal trial, the
 1541  court shall clear the courtroom of all persons upon the request
 1542  of the victim, regardless of the victim’s age or mental
 1543  capacity, except that parties to the cause and their immediate
 1544  families or guardians, attorneys and their secretaries, officers
 1545  of the court, jurors, newspaper reporters or broadcasters, court
 1546  reporters, and, at the request of the victim, victim or witness
 1547  advocates designated by the state attorney may remain in the
 1548  courtroom.
 1549         Section 38. Section 921.137, Florida Statutes, is amended
 1550  to read:
 1551         921.137 Imposition of the death sentence upon an
 1552  intellectually disabled a defendant with mental retardation
 1553  prohibited.—
 1554         (1) As used in this section, the term “intellectually
 1555  disabled” or “intellectual disability” “mental retardation”
 1556  means significantly subaverage general intellectual functioning
 1557  existing concurrently with deficits in adaptive behavior and
 1558  manifested during the period from conception to age 18. The term
 1559  “significantly subaverage general intellectual functioning,” for
 1560  the purpose of this section, means performance that is two or
 1561  more standard deviations from the mean score on a standardized
 1562  intelligence test specified in the rules of the Agency for
 1563  Persons with Disabilities. The term “adaptive behavior,” for the
 1564  purpose of this definition, means the effectiveness or degree
 1565  with which an individual meets the standards of personal
 1566  independence and social responsibility expected of his or her
 1567  age, cultural group, and community. The Agency for Persons with
 1568  Disabilities shall adopt rules to specify the standardized
 1569  intelligence tests as provided in this subsection.
 1570         (2) A sentence of death may not be imposed upon a defendant
 1571  convicted of a capital felony if it is determined in accordance
 1572  with this section that the defendant is intellectually disabled
 1573  has mental retardation.
 1574         (3) A defendant charged with a capital felony who intends
 1575  to raise intellectual disability mental retardation as a bar to
 1576  the death sentence must give notice of such intention in
 1577  accordance with the rules of court governing notices of intent
 1578  to offer expert testimony regarding mental health mitigation
 1579  during the penalty phase of a capital trial.
 1580         (4) After a defendant who has given notice of his or her
 1581  intention to raise intellectual disability mental retardation as
 1582  a bar to the death sentence is convicted of a capital felony and
 1583  an advisory jury has returned a recommended sentence of death,
 1584  the defendant may file a motion to determine whether the
 1585  defendant is intellectually disabled has mental retardation.
 1586  Upon receipt of the motion, the court shall appoint two experts
 1587  in the field of intellectual disabilities mental retardation who
 1588  shall evaluate the defendant and report their findings to the
 1589  court and all interested parties prior to the final sentencing
 1590  hearing. Notwithstanding s. 921.141 or s. 921.142, the final
 1591  sentencing hearing shall be held without a jury. At the final
 1592  sentencing hearing, the court shall consider the findings of the
 1593  court-appointed experts and consider the findings of any other
 1594  expert which is offered by the state or the defense on the issue
 1595  of whether the defendant has an intellectual disability mental
 1596  retardation. If the court finds, by clear and convincing
 1597  evidence, that the defendant has an intellectual disability
 1598  mental retardation as defined in subsection (1), the court may
 1599  not impose a sentence of death and shall enter a written order
 1600  that sets forth with specificity the findings in support of the
 1601  determination.
 1602         (5) If a defendant waives his or her right to a recommended
 1603  sentence by an advisory jury following a plea of guilt or nolo
 1604  contendere to a capital felony and adjudication of guilt by the
 1605  court, or following a jury finding of guilt of a capital felony,
 1606  upon acceptance of the waiver by the court, a defendant who has
 1607  given notice as required in subsection (3) may file a motion for
 1608  a determination of intellectual disability mental retardation.
 1609  Upon granting the motion, the court shall proceed as provided in
 1610  subsection (4).
 1611         (6) If, following a recommendation by an advisory jury that
 1612  the defendant be sentenced to life imprisonment, the state
 1613  intends to request the court to order that the defendant be
 1614  sentenced to death, the state must inform the defendant of such
 1615  request if the defendant has notified the court of his or her
 1616  intent to raise intellectual disability mental retardation as a
 1617  bar to the death sentence. After receipt of the notice from the
 1618  state, the defendant may file a motion requesting a
 1619  determination by the court of whether the defendant is
 1620  intellectually disabled has mental retardation. Upon granting
 1621  the motion, the court shall proceed as provided in subsection
 1622  (4).
 1623         (7) Pursuant to s. 924.07, the state may appeal, pursuant
 1624  to s. 924.07, a determination of intellectual disability mental
 1625  retardation made under subsection (4).
 1626         (8) This section does not apply to a defendant who was
 1627  sentenced to death before June 12, 2001 prior to the effective
 1628  date of this act.
 1629         (9)For purposes of the application of the criminal laws
 1630  and procedural rules of this state to any matters relating to
 1631  the imposition and execution of the death penalty, the terms
 1632  “intellectual disability” or “intellectually disabled” are
 1633  interchangeable with and have the same meaning as the terms
 1634  “mental retardation” or “retardation” and “mentally retarded” as
 1635  those terms were defined before July 1, 2013.
 1636         Section 39. Paragraph (b) of subsection (2) of section
 1637  941.38, Florida Statutes, is amended to read:
 1638         941.38 Extradition of persons alleged to be of unsound
 1639  mind.—
 1640         (2) For the purpose of this section:
 1641         (b) A “mentally incompetent person” is one who because of
 1642  mental illness, intellectual disability mental retardation,
 1643  senility, excessive use of drugs or alcohol, or other mental
 1644  incapacity is incapable of either managing his or her property
 1645  or caring for himself or herself or both.
 1646         Section 40. Section 944.602, Florida Statutes, is amended
 1647  to read:
 1648         944.602 Agency notification before release of
 1649  intellectually disabled mentally retarded inmates.—Before the
 1650  release by parole, release by reason of gain-time allowances
 1651  provided for in s. 944.291, or expiration of sentence of any
 1652  inmate who has been diagnosed as having an intellectual
 1653  disability mentally retarded as defined in s. 393.063, the
 1654  Department of Corrections shall notify the Agency for Persons
 1655  with Disabilities in order that sufficient time be allowed to
 1656  notify the inmate or the inmate’s representative, in writing, at
 1657  least 7 days before prior to the inmate’s release, of available
 1658  community services.
 1659         Section 41. Subsection (2) of section 945.025, Florida
 1660  Statutes, is amended to read:
 1661         945.025 Jurisdiction of department.—
 1662         (2) In establishing, operating, and using utilizing these
 1663  facilities, the department shall attempt, whenever possible, to
 1664  avoid the placement of nondangerous offenders who have potential
 1665  for rehabilitation with repeat offenders or dangerous offenders.
 1666  Medical, mental, and psychological problems must shall be
 1667  diagnosed and treated whenever possible. The Department of
 1668  Children and Family Services and the Agency for Persons with
 1669  Disabilities shall cooperate to ensure the delivery of services
 1670  to persons under the custody or supervision of the department.
 1671  If When it is the intent of the department intends to transfer a
 1672  mentally ill or retarded prisoner who has a mental illness or
 1673  intellectual disability to the Department of Children and Family
 1674  Services or the Agency for Persons with Disabilities, an
 1675  involuntary commitment hearing shall be held in accordance with
 1676  according to the provisions of chapter 393 or chapter 394.
 1677         Section 42. Subsection (5) of section 945.12, Florida
 1678  Statutes, is amended to read:
 1679         945.12 Transfers for rehabilitative treatment.—
 1680         (5) When the department plans to release an offender who is
 1681  a mentally ill or intellectually disabled retarded offender, an
 1682  involuntary commitment hearing shall be held as soon as possible
 1683  before prior to his or her release in accordance with, according
 1684  to the provisions of chapter 393 or chapter 394.
 1685         Section 43. Subsection (9) of section 945.42, Florida
 1686  Statutes, is amended to read:
 1687         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1688  945.40-945.49, the following terms shall have the meanings
 1689  ascribed to them, unless the context shall clearly indicate
 1690  otherwise:
 1691         (9) “Mentally ill” means an impairment of the mental or
 1692  emotional processes that, of the ability to exercise conscious
 1693  control of one’s actions, or of the ability to perceive or
 1694  understand reality, which impairment substantially interferes
 1695  with the a person’s ability to meet the ordinary demands of
 1696  living. However, regardless of etiology, except that, for the
 1697  purposes of transferring transfer of an inmate to a mental
 1698  health treatment facility, the term does not include a
 1699  retardation or developmental disability as defined in s. 393.063
 1700  chapter 393, simple intoxication, or conditions manifested only
 1701  by antisocial behavior or substance abuse addiction. However, an
 1702  individual who is mentally retarded or developmentally disabled
 1703  may also have a mental illness.
 1704         Section 44. Section 947.185, Florida Statutes, is amended
 1705  to read:
 1706         947.185 Application for intellectual disability mental
 1707  retardation services as condition of parole.—The Parole
 1708  Commission may require as a condition of parole that any inmate
 1709  who has been diagnosed as having an intellectual disability
 1710  mentally retarded as defined in s. 393.063 shall, upon release,
 1711  apply for services from the Agency for Persons with
 1712  Disabilities.
 1713         Section 45. Subsection (4) of section 984.19, Florida
 1714  Statutes, is amended to read:
 1715         984.19 Medical screening and treatment of child;
 1716  examination of parent, guardian, or person requesting custody.—
 1717         (4) A judge may order that a child alleged to be or
 1718  adjudicated a child in need of services be treated by a licensed
 1719  health care professional. The judge may also order such child to
 1720  receive mental health or intellectual disability retardation
 1721  services from a psychiatrist, psychologist, or other appropriate
 1722  service provider. If it is necessary to place the child in a
 1723  residential facility for such services, then the procedures and
 1724  criteria established in s. 394.467 or chapter 393 shall be used,
 1725  as whichever is applicable. A child may be provided mental
 1726  health or retardation services in emergency situations, pursuant
 1727  to the procedures and criteria contained in s. 394.463(1) or
 1728  chapter 393, as whichever is applicable.
 1729         Section 46. Paragraph (a) of subsection (3) of section
 1730  985.14, Florida Statutes, is amended to read:
 1731         985.14 Intake and case management system.—
 1732         (3) The intake and case management system shall facilitate
 1733  consistency in the recommended placement of each child, and in
 1734  the assessment, classification, and placement process, with the
 1735  following purposes:
 1736         (a) An individualized, multidisciplinary assessment process
 1737  that identifies the priority needs of each individual child for
 1738  rehabilitation and treatment and identifies any needs of the
 1739  child’s parents or guardians for services that would enhance
 1740  their ability to provide adequate support, guidance, and
 1741  supervision for the child. The This process begins shall begin
 1742  with the detention risk assessment instrument and decision,
 1743  includes shall include the intake preliminary screening and
 1744  comprehensive assessment for substance abuse treatment services,
 1745  mental health services, intellectual disability retardation
 1746  services, literacy services, and other educational and treatment
 1747  services as components, additional assessment of the child’s
 1748  treatment needs, and classification regarding the child’s risks
 1749  to the community. The completed multidisciplinary assessment
 1750  process must shall result in the predisposition report.
 1751         Section 47. Paragraph (g) of subsection (1) and subsection
 1752  (5) of section 985.145, Florida Statutes, are amended to read:
 1753         985.145 Responsibilities of juvenile probation officer
 1754  during intake; screenings and assessments.—
 1755         (1) The juvenile probation officer shall serve as the
 1756  primary case manager for the purpose of managing, coordinating,
 1757  and monitoring the services provided to the child. Each program
 1758  administrator within the Department of Children and Family
 1759  Services shall cooperate with the primary case manager in
 1760  carrying out the duties and responsibilities described in this
 1761  section. In addition to duties specified in other sections and
 1762  through departmental rules, the assigned juvenile probation
 1763  officer shall be responsible for the following:
 1764         (g) Comprehensive assessment.—The juvenile probation
 1765  officer, pursuant to uniform procedures established by the
 1766  department and upon determining that the report, affidavit, or
 1767  complaint is complete, shall:
 1768         1. Perform the preliminary screening and make referrals for
 1769  a comprehensive assessment regarding the child’s need for
 1770  substance abuse treatment services, mental health services,
 1771  intellectual disability retardation services, literacy services,
 1772  or other educational or treatment services.
 1773         2. If When indicated by the preliminary screening, provide
 1774  for a comprehensive assessment of the child and family for
 1775  substance abuse problems, using community-based licensed
 1776  programs with clinical expertise and experience in the
 1777  assessment of substance abuse problems.
 1778         3. If When indicated by the preliminary screening, provide
 1779  for a comprehensive assessment of the child and family for
 1780  mental health problems, using community-based psychologists,
 1781  psychiatrists, or other licensed mental health professionals who
 1782  have clinical expertise and experience in the assessment of
 1783  mental health problems.
 1784         (5) If the screening and assessment indicate that the
 1785  interests of the child and the public will be best served
 1786  thereby, the juvenile probation officer, with the approval of
 1787  the state attorney, may refer the child for care, diagnostic,
 1788  and evaluation services; substance abuse treatment services;
 1789  mental health services; intellectual disability retardation
 1790  services; a diversionary, arbitration, or mediation program;
 1791  community service work; or other programs or treatment services
 1792  voluntarily accepted by the child and the child’s parents or
 1793  legal guardian. If Whenever a child volunteers to participate in
 1794  any work program under this chapter or volunteers to work in a
 1795  specified state, county, municipal, or community service
 1796  organization supervised work program or to work for the victim,
 1797  the child is shall be considered an employee of the state for
 1798  the purposes of liability. In determining the child’s average
 1799  weekly wage, unless otherwise determined by a specific funding
 1800  program, all remuneration received from the employer is
 1801  considered a gratuity, and the child is not entitled to any
 1802  benefits otherwise payable under s. 440.15, regardless of
 1803  whether the child may be receiving wages and remuneration from
 1804  other employment with another employer and regardless of the
 1805  child’s future wage-earning capacity.
 1806         Section 48. Subsections (2) and (6) of section 985.18,
 1807  Florida Statutes, are amended to read:
 1808         985.18 Medical, psychiatric, psychological, substance
 1809  abuse, and educational examination and treatment.—
 1810         (2) If Whenever a child has been found to have committed a
 1811  delinquent act, or before such finding with the consent of any
 1812  parent or legal custodian of the child, the court may order the
 1813  child to be treated by a physician. The court may also order the
 1814  child to receive mental health, substance abuse, or intellectual
 1815  disability retardation services from a psychiatrist,
 1816  psychologist, or other appropriate service provider. If it is
 1817  necessary to place the child in a residential facility for such
 1818  services, the procedures and criteria established in chapter
 1819  393, chapter 394, or chapter 397, as whichever is applicable,
 1820  must shall be used. After a child has been adjudicated
 1821  delinquent, if an educational needs assessment by the district
 1822  school board or the Department of Children and Family Services
 1823  has been previously conducted, the court shall order the report
 1824  of such needs assessment included in the child’s court record in
 1825  lieu of a new assessment. For purposes of this section, an
 1826  educational needs assessment includes, but is not limited to,
 1827  reports of intelligence and achievement tests, screening for
 1828  learning and other disabilities and other handicaps, and
 1829  screening for the need for alternative education.
 1830         (6) A physician must shall be immediately notified by the
 1831  person taking the child into custody or the person having
 1832  custody if there are indications of physical injury or illness,
 1833  or the child shall be taken to the nearest available hospital
 1834  for emergency care. A child may be provided mental health,
 1835  substance abuse, or intellectual disability retardation
 1836  services, in emergency situations, pursuant to chapter 393,
 1837  chapter 394, or chapter 397, as whichever is applicable. After a
 1838  hearing, the court may order the custodial parent or parents,
 1839  guardian, or other custodian, if found able to do so, to
 1840  reimburse the county or state for the expense involved in such
 1841  emergency treatment or care.
 1842         Section 49. Paragraph (e) of subsection (1), subsections
 1843  (2) through (4), and paragraph (a) of subsection (6) of section
 1844  985.19, Florida Statutes, are amended to read:
 1845         985.19 Incompetency in juvenile delinquency cases.—
 1846         (1) If, at any time prior to or during a delinquency case,
 1847  the court has reason to believe that the child named in the
 1848  petition may be incompetent to proceed with the hearing, the
 1849  court on its own motion may, or on the motion of the child’s
 1850  attorney or state attorney must, stay all proceedings and order
 1851  an evaluation of the child’s mental condition.
 1852         (e) For incompetency evaluations related to intellectual
 1853  disability mental retardation or autism, the court shall order
 1854  the Agency for Persons with Disabilities to examine the child to
 1855  determine if the child meets the definition of “intellectual
 1856  disability” “retardation” or “autism” in s. 393.063 and, if so,
 1857  whether the child is competent to proceed with delinquency
 1858  proceedings.
 1859         (2) A child who is adjudicated incompetent to proceed, and
 1860  who has committed a delinquent act or violation of law, either
 1861  of which would be a felony if committed by an adult, must be
 1862  committed to the Department of Children and Family Services for
 1863  treatment or training. A child who has been adjudicated
 1864  incompetent to proceed because of age or immaturity, or for any
 1865  reason other than for mental illness, intellectual disability,
 1866  or retardation or autism, must not be committed to the
 1867  department or to the Department of Children and Family Services
 1868  for restoration-of-competency treatment or training services.
 1869  For purposes of this section, a child who has committed a
 1870  delinquent act or violation of law, either of which would be a
 1871  misdemeanor if committed by an adult, may not be committed to
 1872  the department or to the Department of Children and Family
 1873  Services for restoration-of-competency treatment or training
 1874  services.
 1875         (3) If the court finds that a child has mental illness,
 1876  intellectual disability mental retardation, or autism and
 1877  adjudicates the child incompetent to proceed, the court must
 1878  also determine whether the child meets the criteria for secure
 1879  placement. A child may be placed in a secure facility or program
 1880  if the court makes a finding by clear and convincing evidence
 1881  that:
 1882         (a) The child has mental illness, intellectual disability
 1883  mental retardation, or autism and because of the mental illness,
 1884  intellectual disability mental retardation, or autism:
 1885         1. The child is manifestly incapable of surviving with the
 1886  help of willing and responsible family or friends, including
 1887  available alternative services, and without treatment or
 1888  training the child is likely to either suffer from neglect or
 1889  refuse to care for self, and such neglect or refusal poses a
 1890  real and present threat of substantial harm to the child’s well
 1891  being; or
 1892         2. There is a substantial likelihood that in the near
 1893  future the child will inflict serious bodily harm on self or
 1894  others, as evidenced by recent behavior causing, attempting, or
 1895  threatening such harm; and
 1896         (b) All available less restrictive alternatives, including
 1897  treatment or training in community residential facilities or
 1898  community settings which would offer an opportunity for
 1899  improvement of the child’s condition, are inappropriate.
 1900         (4) A child who is determined to have mental illness,
 1901  intellectual disability mental retardation, or autism, who has
 1902  been adjudicated incompetent to proceed, and who meets the
 1903  criteria set forth in subsection (3), must be committed to the
 1904  Department of Children and Family Services and receive treatment
 1905  or training in a secure facility or program that is the least
 1906  restrictive alternative consistent with public safety. Any
 1907  placement of a child to a secure residential program must be
 1908  separate from adult forensic programs. If the child attains
 1909  competency, then custody, case management, and supervision of
 1910  the child shall will be transferred to the department in order
 1911  to continue delinquency proceedings; however, the court retains
 1912  authority to order the Department of Children and Family
 1913  Services to provide continued treatment or training to maintain
 1914  competency.
 1915         (a) A child adjudicated incompetent due to intellectual
 1916  disability mental retardation or autism may be ordered into a
 1917  secure program or facility designated by the Department of
 1918  Children and Family Services for children who have intellectual
 1919  disabilities with mental retardation or autism.
 1920         (b) A child adjudicated incompetent due to mental illness
 1921  may be ordered into a secure program or facility designated by
 1922  the Department of Children and Family Services for children
 1923  having mental illnesses.
 1924         (c) If Whenever a child is placed in a secure residential
 1925  facility, the department shall will provide transportation to
 1926  the secure residential facility for admission and from the
 1927  secure residential facility upon discharge.
 1928         (d) The purpose of the treatment or training is the
 1929  restoration of the child’s competency to proceed.
 1930         (e) The service provider must file a written report with
 1931  the court pursuant to the applicable Florida Rules of Juvenile
 1932  Procedure within not later than 6 months after the date of
 1933  commitment, or at the end of any period of extended treatment or
 1934  training, and at any time the Department of Children and Family
 1935  Services, through its service provider, determines the child has
 1936  attained competency or no longer meets the criteria for secure
 1937  placement, or at such shorter intervals as ordered by the court.
 1938  A copy of a written report evaluating the child’s competency
 1939  must be filed by the provider with the court and with the state
 1940  attorney, the child’s attorney, the department, and the
 1941  Department of Children and Family Services.
 1942         (6)(a) If a child is determined to have mental illness,
 1943  intellectual disability mental retardation, or autism and is
 1944  found to be incompetent to proceed but does not meet the
 1945  criteria set forth in subsection (3), the court shall commit the
 1946  child to the Department of Children and Family Services and
 1947  shall order the Department of Children and Family Services to
 1948  provide appropriate treatment and training in the community. The
 1949  purpose of the treatment or training is the restoration of the
 1950  child’s competency to proceed.
 1951         Section 50. Section 985.195, Florida Statutes, is amended
 1952  to read:
 1953         985.195 Transfer to other treatment services.—Any child
 1954  committed to the department may be transferred to intellectual
 1955  disability retardation, mental health, or substance abuse
 1956  treatment facilities for diagnosis and evaluation pursuant to
 1957  chapter 393, chapter 394, or chapter 397, as whichever is
 1958  applicable, for up to a period not to exceed 90 days.
 1959         Section 51. Paragraph (b) of subsection (1) of section
 1960  985.61, Florida Statutes, is amended to read:
 1961         985.61 Early delinquency intervention program; criteria.—
 1962         (1) The Department of Juvenile Justice shall, contingent
 1963  upon specific appropriation and with the cooperation of local
 1964  law enforcement agencies, the judiciary, district school board
 1965  personnel, the office of the state attorney, the office of the
 1966  public defender, the Department of Children and Family Services,
 1967  and community service agencies that work with children,
 1968  establish an early delinquency intervention program, the
 1969  components of which shall include, but not be limited to:
 1970         (b) Treatment modalities, including substance abuse
 1971  treatment services, mental health services, and retardation
 1972  services for intellectual disabilities.
 1973         Section 52. It is the intent of the Legislature that this
 1974  act not expand or contract the scope or application of any
 1975  provision of the Florida Statutes. This act may not be construed
 1976  to change the application of any provision of Florida Statutes
 1977  to any person.
 1978         Section 53. This act shall take effect July 1, 2013.