Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 936
       
       
       
       
       
       
                                Ì609018+Î609018                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/03/2016 12:17 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Sobel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 25 - 61
    4  and insert:
    5         Section 1. The amendments made by this act to s. 943.0439,
    6  Florida Statutes, may be cited as “The Wes Kleinert Fair
    7  Interview Act.”
    8         Section 2. Effective October 1, 2016, paragraph (c) is
    9  added to subsection (8) of section 322.051, Florida Statutes, to
   10  read:
   11         322.051 Identification cards.—
   12         (8)
   13         (c)1. Upon request by a person who has a developmental
   14  disability, or by a parent or guardian of a child or ward who
   15  has a developmental disability, the department shall issue an
   16  identification card exhibiting a capital “D” for the person,
   17  child, or ward if the person or the parent or guardian of the
   18  child or ward submits:
   19         a. Payment of an additional $1 fee; and
   20         b. Proof acceptable to the department of a diagnosis by a
   21  licensed physician of a developmental disability as defined in
   22  s. 393.063.
   23         2. The department shall deposit the additional $1 fee into
   24  the Agency for Persons with Disabilities Operations and
   25  Maintenance Trust Fund under s. 20.1971(2).
   26         3. A replacement identification card that includes the
   27  designation may be issued without payment of the fee required
   28  under s. 322.21(1)(f).
   29         4. The department shall develop rules to facilitate the
   30  issuance, requirements, and oversight of developmental
   31  disability identification cards under this section.
   32         Section 3. Effective October 1, 2016, the amendments made
   33  by this act to s. 322.051, Florida Statutes, shall apply upon
   34  implementation of new designs for the driver license and
   35  identification card by the Department of Highway Safety and
   36  Motor Vehicles.
   37         Section 4. Section 943.0439, Florida Statutes, is created
   38  to read:
   39         943.0439 Interviews of victims, suspects, or defendants
   40  with autism or an autism spectrum disorder.—A law enforcement
   41  officer, a correctional officer, or another public safety
   42  official shall, upon the request of an individual diagnosed with
   43  autism or an autism spectrum disorder or his or her parent or
   44  guardian, make a good faith effort to ensure that a
   45  psychiatrist, psychologist, mental health counselor, special
   46  education instructor, clinical social worker, or related
   47  professional is present at all interviews of the individual. The
   48  professional must have experience treating, teaching, or
   49  assisting patients or clients who have been diagnosed with
   50  autism or an autism spectrum disorder or related developmental
   51  disability or must be certified in special education with a
   52  concentration focused on persons with autism or an autism
   53  spectrum disorder. All expenses related to the attendance of the
   54  professional at interviews shall be borne by the requesting
   55  parent, guardian, or individual. If the individual is a victim,
   56  the defendant shall reimburse the victim for all expenses
   57  related to the attendance of the professional at the interview,
   58  in addition to other restitution or penalties provided by law,
   59  upon conviction of the offense of which the individual is a
   60  victim. Failure to have a professional as defined by this
   61  subsection present at the time of the interview is not a basis
   62  for suppression of the statement or the contents of the
   63  interview or for a cause of action against the law enforcement
   64  officer or agency. This subsection applies to such an individual
   65  who is the victim, a suspect, or a defendant formally accused of
   66  a crime.
   67         (2) Each law enforcement agency must ensure that
   68  appropriate policies are developed which implement this section
   69  and that training is provided to its law enforcement and
   70  correctional officers based on those policies.
   71         Section 5. Except as otherwise expressly provided in this
   72  act, this act shall take effect July 1, 2016.
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 2 - 21
   77  and insert:
   78         An act relating to persons with disabilities;
   79         providing a short title; amending s. 322.051, F.S.;
   80         requiring the Department of Highway Safety and Motor
   81         Vehicles to issue an identification card exhibiting a
   82         special designation for a person who has a
   83         developmental disability under certain circumstances;
   84         requiring payment of an additional fee and proof of
   85         diagnosis by a licensed physician; requiring the fee
   86         to be deposited into the Agency for Persons with
   87         Disabilities Operations and Maintenance Trust Fund;
   88         authorizing issuance of a replacement identification
   89         card that includes the special designation without
   90         payment of a specified fee; requiring the department
   91         to develop rules to facilitate the issuance,
   92         requirements, and oversight of developmental
   93         disability identification cards; providing
   94         applicability; creating s. 943.0439, F.S.; requiring a
   95         law enforcement officer, correctional officer, or
   96         another public safety official to make a good faith
   97         effort, upon the request of a parent, a guardian, or
   98         the individual, to ensure that specified professionals
   99         are present at all interviews of an individual
  100         diagnosed with autism or an autism spectrum disorder;
  101         providing specifications for the professional;
  102         specifying that the parent, guardian, or individual
  103         bears the expense of hiring the professional;
  104         requiring a convicted defendant to pay for the
  105         professional under certain circumstances; specifying
  106         that not having a professional present is not a basis
  107         for suppressing statements or for bringing a cause of
  108         action; providing applicability; requiring law
  109         enforcement agencies to develop and implement
  110         appropriate policies and provide training; providing
  111         effective dates.