HB 991

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 Statutory Revision; amending ss. 916.301, 916.3012,
37	916.302, 916.3025, 916.303, 916.304, 918.16, 921.137,
38	941.38, 944.602, 945.025, 945.12, 945.42, 947.185,
39	984.19, 985.14, 985.145, 985.18, 985.19, 985.195, and
40	985.61, F.S.; clarifying in s. 921.137, F.S., that the
41	terms "intellectual disability" or "intellectually
42	disabled" are interchangeable with and have the same
43	meaning as the terms "mental retardation," or
44	"retardation" and "mentally retarded," as defined
45	before the effective date of the act; substituting the
46	term "intellectual disability" for the term "mental
47	retardation"; expressing legislative intent; providing
48	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
132	be present at the videotaping, unless the defendant has waived
133	this right. The court may require the defendant to view the
134	testimony from outside the presence of the child or the person
135	who has an intellectual disability with mental retardation by
136	means of a two-way mirror or another similar method that ensures
137	will ensure that the defendant can observe and hear the
138	testimony of the victim or witness in person, but that the
139	victim or witness cannot hear or see the defendant. The
140	defendant and the attorney for the defendant may communicate by
141	any appropriate private 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
150	at any time with reasonable notice to each party to the cause,
151	and videotaping of testimony may be made any time after the
152	court 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
231	act, the relationship of the child to the parties in the case or
232	to 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
246	law, the court may enter orders limiting the number of times
247	that a child or a person who has an intellectual disability with
248	mental retardation may be interviewed, prohibiting depositions
249	of such 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
274	operated exclusively for the personal use of, any member of the
275	United States Armed Forces who is not a resident of this state
276	and who is stationed in the state while in compliance with
277	military or 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
308	nonprofit 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
325	department shall administer and provide certain services to
326	implement the 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
338	(32) of section 393.063, Florida Statutes, are reordered and
339	amended to read:
340	393.063  Definitions.-For the purposes of this chapter, the
341	term:
342	(9)  "Developmental disability" means a disorder or
343	syndrome that is attributable to intellectual disability
344	retardation, cerebral palsy, autism, spina bifida, or Prader-
345	Willi syndrome; that manifests before the age of 18; and that
346	constitutes a substantial handicap that can reasonably be
347	expected to continue 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
375	by affinity or consanguinity to the client and who is 18 years
376	of 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, 2012.
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
483	give 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
488	restrictive and most appropriate alternative and specify the
489	factual 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
503	set to inquire into the need of the person who has an
504	intellectual disability with mental retardation or autism for
505	involuntary residential services. The notice must shall also
506	state the date of the hearing on the petition.
507	(d)  The notice must shall state that the individual who
508	has an intellectual disability with mental retardation or autism
509	has the right to be represented by counsel of his or her own
510	choice and that, if the person cannot afford an attorney, the
511	court 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.
650	393.063.
651	(3)(5)  "Client" means any person determined by the Agency
652	for Persons with Disabilities to be eligible for developmental
653	services.
654	(4)(6)  "Developmentally disabled" "developmental
655	disability" has the same meaning as "developmental disability"
656	as that term is defined in s. 393.063.
657	(5)(7)  "Direct service provider" means a person 18 years
658	of age or older who has direct contact with individuals who have
659	with developmental disabilities and who is unrelated to such the
660	individuals with developmental disabilities.
661	(6)(8)  "Intermediate care facility for the developmentally
662	disabled" means a residential facility licensed and certified in
663	accordance with state law, and certified by the Federal
664	Government, pursuant to the Social Security Act, as a provider
665	of Medicaid services to persons who have with developmental
666	disabilities.
667	(9)  "Prader-Willi syndrome" has the same meaning as in s.
668	393.063.
669	(7)(10)(a)  "Restraint" means a physical device, method, or
670	drug used to control behavior.
671	(a)  A physical restraint is any manual method or physical
672	or mechanical device, material, or equipment attached or
673	adjacent to the individual's body so that he or she cannot
674	easily remove the restraint and which restricts freedom of
675	movement or normal access to one's body.
676	(b)  A drug used as a restraint is a medication used to
677	control the person's behavior or to restrict his or her freedom
678	of movement. Physically holding a person during a procedure to
679	forcibly administer psychotropic medication is a physical
680	restraint.
681	(c)  Restraint does not include physical devices, such as
682	orthopedically prescribed appliances, surgical dressings and
683	bandages, supportive body bands, or other physical holding when
684	necessary for routine physical examinations and tests; for
685	purposes of orthopedic, surgical, or other similar medical
686	treatment; when used to provide support for the achievement of
687	functional body position or proper balance; or when used to
688	protect a person from falling out of bed.
689	(11)  "Retardation" has the same meaning as in s. 393.063.
690	(8)(12)  "Seclusion" means the physical segregation of a
691	person in any fashion or the involuntary isolation of a person
692	in a room or area from which the person is prevented from
693	leaving. The prevention may be by physical barrier or by a staff
694	member who is acting in a manner, or who is physically situated,
695	so as to prevent the person from leaving the room or area. For
696	purposes of this part, the term does not mean isolation due to a
697	person's medical condition or symptoms.
698	(13)  "Spina bifida" has the same meaning as in s. 393.063.
699	Section 13.  Subsection (12) of section 408.032, Florida
700	Statutes, is amended to read:
701	408.032  Definitions relating to Health Facility and
702	Services Development Act.-As used in ss. 408.031-408.045, the
703	term:
704	(12)  "Intermediate care facility for the developmentally
705	disabled" means a residential facility licensed under part VIII
706	of chapter 400 chapter 393 and certified by the Federal
707	Government pursuant to the Social Security Act as a provider of
708	Medicaid services to persons who are mentally retarded or who
709	have a related condition.
710	Section 14.  Subsection (8) of section 409.908, Florida
711	Statutes, is amended to read:
712	409.908  Reimbursement of Medicaid providers.-Subject to
713	specific appropriations, the agency shall reimburse Medicaid
714	providers, in accordance with state and federal law, according
715	to methodologies set forth in the rules of the agency and in
716	policy manuals and handbooks incorporated by reference therein.
717	These methodologies may include fee schedules, reimbursement
718	methods based on cost reporting, negotiated fees, competitive
719	bidding pursuant to s. 287.057, and other mechanisms the agency
720	considers efficient and effective for purchasing services or
721	goods on behalf of recipients. If a provider is reimbursed based
722	on cost reporting and submits a cost report late and that cost
723	report would have been used to set a lower reimbursement rate
724	for a rate semester, then the provider's rate for that semester
725	shall be retroactively calculated using the new cost report, and
726	full payment at the recalculated rate shall be effected
727	retroactively. Medicare-granted extensions for filing cost
728	reports, if applicable, shall also apply to Medicaid cost
729	reports. Payment for Medicaid compensable services made on
730	behalf of Medicaid eligible persons is subject to the
731	availability of moneys and any limitations or directions
732	provided for in the General Appropriations Act or chapter 216.
733	Further, nothing in this section shall be construed to prevent
734	or limit the agency from adjusting fees, reimbursement rates,
735	lengths of stay, number of visits, or number of services, or
736	making any other adjustments necessary to comply with the
737	availability of moneys and any limitations or directions
738	provided for in the General Appropriations Act, provided the
739	adjustment is consistent with legislative intent.
740	(8)  A provider of home-based or community-based services
741	rendered pursuant to a federally approved waiver shall be
742	reimbursed based on an established or negotiated rate for each
743	service. These rates shall be established according to an
744	analysis of the expenditure history and prospective budget
745	developed by each contract provider participating in the waiver
746	program, or under any other methodology adopted by the agency
747	and approved by the Federal Government in accordance with the
748	waiver. Privately owned and operated community-based residential
749	facilities which meet agency requirements and which formerly
750	received Medicaid reimbursement for the optional intermediate
751	care facility for the intellectually disabled mentally retarded
752	service may participate in the developmental services waiver as
753	part of a home-and-community-based continuum of care for
754	Medicaid recipients who receive waiver services.
755	Section 15.  Subsection (16) of section 413.20, Florida
756	Statutes, is amended to read:
757	413.20  Definitions.-As used in this part, the term:
758	(16)  "Person who has a significant disability" means an
759	individual who has a disability that is a severe physical or
760	mental impairment that seriously limits one or more functional
761	capacities, such as mobility, communication, self-care, self-
762	direction, interpersonal skills, work tolerance, or work skills,
763	in terms of an employment outcome; whose vocational
764	rehabilitation may be expected to require multiple vocational
765	rehabilitation services over an extended period of time; and who
766	has one or more physical or mental disabilities resulting from
767	amputation, arthritis, autism, blindness, burn injury, cancer,
768	cerebral palsy, cystic fibrosis, deafness, head injury, heart
769	disease, hemiplegia, hemophilia, respiratory or pulmonary
770	dysfunction, intellectual disability mental retardation, mental
771	illness, multiple sclerosis, muscular dystrophy, musculoskeletal
772	disorder, neurological disorder, including stroke and epilepsy,
773	paraplegia, quadriplegia, or other spinal cord condition,
774	sickle-cell anemia, specific learning disability, end-stage
775	renal disease, or another disability or a combination of
776	disabilities that is determined, after an assessment for
777	determining eligibility and vocational rehabilitation needs, to
778	cause comparable substantial functional limitation.
779	Section 16.  Paragraph (a) of subsection (6) of section
780	440.49, Florida Statutes, is amended to read:
781	440.49  Limitation of liability for subsequent injury
782	through Special Disability Trust Fund.-
783	(6)  EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.-
784	(a)  Reimbursement is not allowed under this section unless
785	it is established that the employer knew of the preexisting
786	permanent physical impairment before prior to the occurrence of
787	the subsequent injury or occupational disease, and that the
788	permanent physical impairment is one of the following:
789	1.  Epilepsy.
790	2.  Diabetes.
791	3.  Cardiac disease.
792	4.  Amputation of foot, leg, arm, or hand.
793	5.  Total loss of sight of one or both eyes or a partial
794	loss of corrected vision of more than 75 percent bilaterally.
795	6.  Residual disability from poliomyelitis.
796	7.  Cerebral palsy.
797	8.  Multiple sclerosis.
798	9.  Parkinson's disease.
799	10.  Meniscectomy.
800	11.  Patellectomy.
801	12.  Ruptured cruciate ligament.
802	13.  Hemophilia.
803	14.  Chronic osteomyelitis.
804	15.  Surgical or spontaneous fusion of a major weight-
805	bearing joint.
806	16.  Hyperinsulinism.
807	17.  Muscular dystrophy.
808	18.  Thrombophlebitis.
809	19.  Herniated intervertebral disk.
810	20.  Surgical removal of an intervertebral disk or spinal
811	fusion.
812	21.  One or more back injuries or a disease process of the
813	back resulting in disability over a total of 120 or more days,
814	if substantiated by a doctor's opinion that there was a
815	preexisting impairment to the claimant's back.
816	22.  Total deafness.
817	23.  Intellectual disability if Mental retardation,
818	provided the employee's intelligence quotient is such that she
819	or he falls within the lowest 2 percentile of the general
820	population. However, it shall not be necessary for the employer
821	does not need to know the employee's actual intelligence
822	quotient or actual relative ranking in relation to the
823	intelligence quotient of the general population.
824	24.  Any permanent physical condition that which, before
825	prior to the industrial accident or occupational disease,
826	constitutes a 20 percent 20-percent impairment of a member or of
827	the body as a whole.
828	25.  Obesity if, provided the employee is 30 percent or
829	more over the average weight designated for her or his height
830	and age in the Table of Average Weight of Americans by Height
831	and Age prepared by the Society of Actuaries using data from the
832	1979 Build and Blood Pressure Study.
833	26.  Any permanent physical impairment as provided defined
834	in s. 440.15(3) which is a result of a prior industrial accident
835	with the same employer or the employer's parent company,
836	subsidiary, sister company, or affiliate located within the
837	geographical boundaries of this state.
838	Section 17.  Paragraph (g) of subsection (1) of section
839	499.0054, Florida Statutes, is amended to read:
840	499.0054  Advertising and labeling of drugs, devices, and
841	cosmetics; exemptions.-
842	(1)  It is a violation of the Florida Drug and Cosmetic Act
843	to perform or cause the performance of any of the following
844	acts:
845	(g)  The advertising of any drug or device represented to
846	have any effect in any of the following conditions, disorders,
847	diseases, or processes:
848	1.  Blood disorders.
849	2.  Bone or joint diseases.
850	3.  Kidney diseases or disorders.
851	4.  Cancer.
852	5.  Diabetes.
853	6.  Gall bladder diseases or disorders.
854	7.  Heart and vascular diseases.
855	8.  High blood pressure.
856	9.  Diseases or disorders of the ear or auditory apparatus,
857	including hearing loss or deafness.
858	10.  Mental disease or intellectual disability mental
859	retardation.
860	11.  Paralysis.
861	12.  Prostate gland disorders.
862	13.  Conditions of the scalp affecting hair loss.
863	14.  Baldness.
864	15.  Endocrine disorders.
865	16.  Sexual impotence.
866	17.  Tumors.
867	18.  Venereal diseases.
868	19.  Varicose ulcers.
869	20.  Breast enlargement.
870	21.  Purifying blood.
871	22.  Metabolic disorders.
872	23.  Immune system disorders or conditions affecting the
873	immune system.
874	24.  Extension of life expectancy.
875	25.  Stress and tension.
876	26.  Brain stimulation or performance.
877	27.  The body's natural defense mechanisms.
878	28.  Blood flow.
879	29.  Depression.
880	30.  Human immunodeficiency virus or acquired immune
881	deficiency syndrome or related disorders or conditions.
882	Section 18.  Section 514.072, Florida Statutes, is amended
883	to read:
884	514.072  Certification of swimming instructors for people
885	who have developmental disabilities required.-Any person working
886	at a swimming pool who holds himself or herself out as a
887	swimming instructor specializing in training people who have
888	developmental disabilities, as defined in s. 393.063(10), may be
889	certified by the Dan Marino Foundation, Inc., in addition to
890	being certified under s. 514.071. The Dan Marino Foundation,
891	Inc., must develop certification requirements and a training
892	curriculum for swimming instructors for people who have
893	developmental disabilities and must submit the certification
894	requirements to the Department of Health for review by January
895	1, 2007. A person certified under s. 514.071 before July 1,
896	2007, must meet the additional certification requirements of
897	this section before January 1, 2008. A person certified under s.
898	514.071 on or after July 1, 2007, must meet the additional
899	certification requirements of this section within 6 months after
900	receiving certification under s. 514.071.
901	Section 19.  Section 627.6041, Florida Statutes, is amended
902	to read:
903	627.6041  Handicapped Children with disabilities;
904	continuation of coverage.-
905	(1)  A hospital or medical expense insurance policy or
906	health care services plan contract that is delivered or issued
907	for delivery in this state and that provides that coverage of a
908	dependent child terminates will terminate upon attainment of the
909	limiting age for dependent children specified in the policy or
910	contract must shall also provide in substance that attainment of
911	the limiting age does not terminate the coverage of the child
912	while the child continues to be both:
913	(a)(1)  Incapable of self-sustaining employment by reason
914	of an intellectual mental retardation or physical disability.
915	handicap; and
916	(b)(2)  Chiefly dependent upon the policyholder or
917	subscriber for support and maintenance.
918	(2)  If a claim is denied under a policy or contract for
919	the stated reason that the child has attained the limiting age
920	for dependent children specified in the policy or contract, the
921	notice of denial must state that the policyholder has the burden
922	of establishing that the child continues to meet the criteria
923	specified in subsection subsections (1) and (2).
924	Section 20.  Section 627.6615, Florida Statutes, is amended
925	to read:
926	627.6615  Handicapped Children with disabilities;
927	continuation of coverage under group policy.-
928	(1)  A group health insurance policy or health care
929	services plan contract that is delivered or issued for delivery
930	in this state and that provides that coverage of a dependent
931	child of an employee or other member of the covered group
932	terminates will terminate upon attainment of the limiting age
933	for dependent children specified in the policy or contract must
934	shall also provide in substance that attainment of the limiting
935	age does not terminate the coverage of the child while the child
936	continues to be both:
937	(a)(1)  Incapable of self-sustaining employment by reason
938	of an intellectual mental retardation or physical disability.
939	handicap; and
940	(b)(2)  Chiefly dependent upon the employee or member for
941	support and maintenance.
942	(2)  If a claim is denied under a policy or contract for
943	the stated reason that the child has attained the limiting age
944	for dependent children specified in the policy or contract, the
945	notice of denial must state that the certificateholder or
946	subscriber has the burden of establishing that the child
947	continues to meet the criteria specified in subsection
948	subsections (1) and (2).
949	Section 21.  Subsection (29) of section 641.31, Florida
950	Statutes, is amended to read:
951	641.31  Health maintenance contracts.-
952	(29)  If a health maintenance contract provides that
953	coverage of a dependent child of the subscriber terminates will
954	terminate upon attainment of the limiting age for dependent
955	children which is specified in the contract, the contract must
956	also provide in substance that attainment of the limiting age
957	does not terminate the coverage of the child while the child
958	continues to be both:
959	(a)  Incapable of self-sustaining employment by reason of
960	an intellectual mental retardation or physical disability.
961	handicap, and
962	(b)  Chiefly dependent upon the employee or member for
963	support and maintenance.
964
965	If the claim is denied under a contract for the stated reason
966	that the child has attained the limiting age for dependent
967	children specified in the contract, the notice or denial must
968	state that the subscriber has the burden of establishing that
969	the child continues to meet the criteria specified in this
970	subsection paragraphs (a) and (b).
971	Section 22.  Subsection (4) of section 650.05, Florida
972	Statutes, is amended to read:
973	650.05  Plans for coverage of employees of political
974	subdivisions.-
975	(4)(a)  Notwithstanding any other provision of this
976	chapter, effective January 1, 1972, all state political
977	subdivisions receiving financial aid which that provide social
978	security coverage for their employees pursuant to the provisions
979	of this chapter and the provisions of the various retirement
980	systems as authorized by law shall, in addition to other
981	purposes, use utilize all grants-in-aid and other revenue
982	received from the state to pay the employer's share of social
983	security cost.
984	(b)  The grants-in-aid and other revenue referred to in
985	paragraph (a) specifically include, but are not limited to,
986	minimum foundation program grants to public school districts and
987	community colleges; gasoline, motor fuel, cigarette, racing, and
988	insurance premium taxes distributed to political subdivisions;
989	and amounts specifically appropriated as grants-in-aid for
990	mental health, intellectual disabilities mental retardation, and
991	mosquito control programs.
992	Section 23.  Subsection (1) of section 765.204, Florida
993	Statutes, is amended to read:
994	765.204  Capacity of principal; procedure.-
995	(1)  A principal is presumed to be capable of making health
996	care decisions for herself or himself unless she or he is
997	determined to be incapacitated. Incapacity may not be inferred
998	from the person's voluntary or involuntary hospitalization for
999	mental illness or from her or his intellectual disability mental
1000	retardation.
1001	Section 24.  Section 849.04, Florida Statutes, is amended
1002	to read:
1003	849.04  Permitting minors and persons under guardianship to
1004	gamble.-Whoever being The proprietor, owner, or keeper of any E.
1005	O., keno or pool table, or billiard table, wheel of fortune, or
1006	other game of chance, kept for the purpose of betting, who
1007	willfully and knowingly allows a any minor or any person who is
1008	mentally incompetent or under guardianship to play at such game
1009	or to bet on such game of chance; or whoever aids or abets or
1010	otherwise encourages such playing or betting of any money or
1011	other valuable thing upon the result of such game of chance by a
1012	any minor or any person who is mentally incompetent or under
1013	guardianship, commits shall be guilty of a felony of the third
1014	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1015	775.084. For the purpose of this section, the term a "person who
1016	is mentally incompetent person" means a person is one who
1017	because of mental illness, intellectual disability mental
1018	retardation, senility, excessive use of drugs or alcohol, or
1019	other mental incapacity is incapable of either managing his or
1020	her property or caring for himself or herself or both.
1021	Section 25.  Section 914.16, Florida Statutes, is amended
1022	to read:
1023	914.16  Child abuse and sexual abuse of victims under age
1024	16 or who have an intellectual disability persons with mental
1025	retardation; limits on interviews.-The chief judge of each
1026	judicial circuit, after consultation with the state attorney and
1027	the public defender for the judicial circuit, the appropriate
1028	chief law enforcement officer, and any other person deemed
1029	appropriate by the chief judge, shall provide by order
1030	reasonable limits on the number of interviews which that a
1031	victim of a violation of s. 794.011, s. 800.04, s. 827.03, or s.
1032	847.0135(5) who is under 16 years of age or a victim of a
1033	violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who
1034	has an intellectual disability is a person with mental
1035	retardation as defined in s. 393.063 must submit to for law
1036	enforcement or discovery purposes. The order shall, To the
1037	extent possible, the order must protect the victim from the
1038	psychological damage of repeated interrogations while preserving
1039	the rights of the public, the victim, and the person charged
1040	with the violation.
1041	Section 26.  Section 914.17, Florida Statutes, is amended
1042	to read:
1043	914.17  Appointment of advocate for victims or witnesses
1044	who are minors or intellectually disabled persons with mental
1045	retardation.-
1046	(1)  A guardian ad litem or other advocate shall be
1047	appointed by the court to represent a minor in any criminal
1048	proceeding if the minor is a victim of or witness to child abuse
1049	or neglect, or if the minor is a victim of a sexual offense, or
1050	a witness to a sexual offense committed against another minor.
1051	The court may appoint a guardian ad litem or other advocate in
1052	any other criminal proceeding in which a minor is involved as
1053	either a victim or a witness. The guardian ad litem or other
1054	advocate shall have full access to all evidence and reports
1055	introduced during the proceedings, may interview witnesses, may
1056	make recommendations to the court, shall be noticed and have the
1057	right to appear on behalf of the minor at all proceedings, and
1058	may request additional examinations by medical doctors,
1059	psychiatrists, or psychologists. It is the duty of The guardian
1060	ad litem or other advocate shall to perform the following
1061	services:
1062	(a)  To Explain, in language understandable to the minor,
1063	all legal proceedings in which the minor is shall be involved;
1064	(b)  To Act, as a friend of the court, to advise the judge,
1065	whenever appropriate, of the minor's ability to understand and
1066	cooperate with any court proceeding; and
1067	(c)  To Assist the minor and the minor's family in coping
1068	with the emotional effects of the crime and subsequent criminal
1069	proceedings in which the minor is involved.
1070	(2)  An advocate shall be appointed by the court to
1071	represent a person who has an intellectual disability with
1072	mental retardation as defined in s. 393.063 in any criminal
1073	proceeding if the person with mental retardation is a victim of
1074	or witness to abuse or neglect, or if the person with mental
1075	retardation is a victim of a sexual offense, or a witness to a
1076	sexual offense committed against a minor or person who has an
1077	intellectual disability with mental retardation. The court may
1078	appoint an advocate in any other criminal proceeding in which
1079	such a person with mental retardation is involved as either a
1080	victim or a witness. The advocate shall have full access to all
1081	evidence and reports introduced during the proceedings, may
1082	interview witnesses, may make recommendations to the court,
1083	shall be noticed and have the right to appear on behalf of the
1084	person with mental retardation at all proceedings, and may
1085	request additional examinations by medical doctors,
1086	psychiatrists, or psychologists. It is the duty of The advocate
1087	shall to perform the following services:
1088	(a)  To Explain, in language understandable to the person
1089	with mental retardation, all legal proceedings in which the
1090	person is shall be involved;
1091	(b)  To Act, as a friend of the court, to advise the judge,
1092	whenever appropriate, of the person's person with mental
1093	retardation's ability to understand and cooperate with any court
1094	proceedings; and
1095	(c)  To Assist the person with mental retardation and the
1096	person's family in coping with the emotional effects of the
1097	crime and subsequent criminal proceedings in which the person
1098	with mental retardation is involved.
1099	(3)  Any person participating in a judicial proceeding as a
1100	guardian ad litem or other advocate is shall be presumed prima
1101	facie to be acting in good faith and in so doing is shall be
1102	immune from any liability, civil or criminal, which that
1103	otherwise might be incurred or imposed.
1104	Section 27.  Subsections (1), (2), and (3) of section
1105	916.105, Florida Statutes, are amended to read:
1106	916.105  Legislative intent.-
1107	(1)  It is the intent of the Legislature that the
1108	Department of Children and Family Services and the Agency for
1109	Persons with Disabilities, as appropriate, establish, locate,
1110	and maintain separate and secure forensic facilities and
1111	programs for the treatment or training of defendants who have
1112	been charged with a felony and who have been found to be
1113	incompetent to proceed due to their mental illness, intellectual
1114	disability mental retardation, or autism, or who have been
1115	acquitted of a felony by reason of insanity, and who, while
1116	still under the jurisdiction of the committing court, are
1117	committed to the department or agency under the provisions of
1118	this chapter. Such facilities must shall be sufficient to
1119	accommodate the number of defendants committed under the
1120	conditions noted above. Except for those defendants found by the
1121	department or agency to be appropriate for treatment or training
1122	in a civil facility or program pursuant to subsection (3),
1123	forensic facilities must shall be designed and administered so
1124	that ingress and egress, together with other requirements of
1125	this chapter, may be strictly controlled by staff responsible
1126	for security in order to protect the defendant, facility
1127	personnel, other clients, and citizens in adjacent communities.
1128	(2)  It is the intent of the Legislature that treatment or
1129	training programs for defendants who are found to have mental
1130	illness, intellectual disability mental retardation, or autism
1131	and are involuntarily committed to the department or agency, and
1132	who are still under the jurisdiction of the committing court, be
1133	provided in a manner, subject to security requirements and other
1134	mandates of this chapter, which ensures as to ensure the rights
1135	of the defendants as provided in this chapter.
1136	(3)  It is the intent of the Legislature that evaluation
1137	and services to defendants who have mental illness, intellectual
1138	disability mental retardation, or autism be provided in
1139	community settings, in community residential facilities, or in
1140	civil facilities, whenever this is a feasible alternative to
1141	treatment or training in a state forensic facility.
1142	Section 28.  Subsections (1), (10), (11), (12), and (17) of
1143	section 916.106, Florida Statutes, are amended, and subsections
1144	(13) through (15) of that section are reordered and amended, to
1145	read:
1146	916.106  Definitions.-For the purposes of this chapter, the
1147	term:
1148	(1)  "Agency" means the Agency for Persons with
1149	Disabilities. The agency is responsible for training forensic
1150	clients who are developmentally disabled due to intellectual
1151	disability mental retardation or autism and have been determined
1152	incompetent to proceed.
1153	(10)  "Forensic facility" means a separate and secure
1154	facility established within the department or agency to serve
1155	forensic clients. A separate and secure facility means a
1156	security-grade building for the purpose of separately housing
1157	persons who have mental illness from persons who have
1158	intellectual disabilities with retardation or autism and
1159	separately housing persons who have been involuntarily committed
1160	pursuant to this chapter from nonforensic residents.
1161	(11)  "Incompetent to proceed" means unable to proceed at
1162	any material stage of a criminal proceeding, which includes the
1163	shall include trial of the case, pretrial hearings involving
1164	questions of fact on which the defendant might be expected to
1165	testify, entry of a plea, proceedings for violation of probation
1166	or violation of community control, sentencing, and hearings on
1167	issues regarding a defendant's failure to comply with court
1168	orders or conditions or other matters in which the mental
1169	competence of the defendant is necessary for a just resolution
1170	of the issues being considered.
1171	(12)  "Institutional security personnel" means the staff of
1172	forensic facilities who meet or exceed the requirements of s.
1173	943.13 and who are responsible for providing security,
1174	protecting clients and personnel, enforcing rules, preventing
1175	and investigating unauthorized activities, and safeguarding the
1176	interests of residents citizens in the surrounding communities.
1177	(14)(13)  "Mental illness" means an impairment of the
1178	emotional processes that exercise conscious control of one's
1179	actions, or of the ability to perceive or understand reality,
1180	which impairment substantially interferes with the a defendant's
1181	ability to meet the ordinary demands of living. For the purposes
1182	of this chapter, the term does not apply to defendants who have
1183	only an intellectual disability with only mental retardation or
1184	autism and does not include intoxication or conditions
1185	manifested only by antisocial behavior or substance abuse
1186	impairment.
1187	(15)(14)  "Restraint" means a physical device, method, or
1188	drug used to control dangerous behavior.
1189	(a)  A physical restraint is any manual method or physical
1190	or mechanical device, material, or equipment attached or
1191	adjacent to a person's body so that he or she cannot easily
1192	remove the restraint and that restricts freedom of movement or
1193	normal access to one's body.
1194	(b)  A drug used as a restraint is a medication used to
1195	control the person's behavior or to restrict his or her freedom
1196	of movement and not part of the standard treatment regimen of
1197	the person with a diagnosed mental illness who is a client of
1198	the department. Physically holding a person during a procedure
1199	to forcibly administer psychotropic medication is a physical
1200	restraint.
1201	(c)  Restraint does not include physical devices, such as
1202	orthopedically prescribed appliances, surgical dressings and
1203	bandages, supportive body bands, or other physical holding when
1204	necessary for routine physical examinations and tests; for
1205	purposes of orthopedic, surgical, or other similar medical
1206	treatment; when used to provide support for the achievement of
1207	functional body position or proper balance; or when used to
1208	protect a person from falling out of bed.
1209	(13)(15)  "Intellectual disability" "Retardation" has the
1210	same meaning as in s. 393.063.
1211	(17)  "Social service professional" means a person whose
1212	minimum qualifications include a bachelor's degree and at least
1213	2 years of social work, clinical practice, special education,
1214	habilitation, or equivalent experience working directly with
1215	persons who have intellectual disabilities with retardation,
1216	autism, or other developmental disabilities.
1217	Section 29.  Paragraph (a) of subsection (1) and paragraph
1218	(a) of subsection (3) of section 916.107, Florida Statutes, are
1219	amended to read:
1220	916.107  Rights of forensic clients.-
1221	(1)  RIGHT TO INDIVIDUAL DIGNITY.-
1222	(a)  The policy of the state is that the individual dignity
1223	of the client shall be respected at all times and upon all
1224	occasions, including any occasion when the forensic client is
1225	detained, transported, or treated. Clients with mental illness,
1226	intellectual disability retardation, or autism and who are
1227	charged with committing felonies shall receive appropriate
1228	treatment or training. In a criminal case involving a client who
1229	has been adjudicated incompetent to proceed or not guilty by
1230	reason of insanity, a jail may be used as an emergency facility
1231	for up to 15 days following the date the department or agency
1232	receives a completed copy of the court commitment order
1233	containing all documentation required by the applicable Florida
1234	Rules of Criminal Procedure. For a forensic client who is held
1235	in a jail awaiting admission to a facility of the department or
1236	agency, evaluation and treatment or training may be provided in
1237	the jail by the local community mental health provider for
1238	mental health services, by the developmental disabilities
1239	program for persons with intellectual disability retardation or
1240	autism, the client's physician or psychologist, or any other
1241	appropriate program until the client is transferred to a civil
1242	or forensic facility.
1243	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.-
1244	(a)  A forensic client shall be asked to give express and
1245	informed written consent for treatment. If a client refuses such
1246	treatment as is deemed necessary and essential by the client's
1247	multidisciplinary treatment team for the appropriate care of the
1248	client, such treatment may be provided under the following
1249	circumstances:
1250	1.  In an emergency situation in which there is immediate
1251	danger to the safety of the client or others, such treatment may
1252	be provided upon the written order of a physician for a period
1253	not to exceed 48 hours, excluding weekends and legal holidays.
1254	If, after the 48-hour period, the client has not given express
1255	and informed consent to the treatment initially refused, the
1256	administrator or designee of the civil or forensic facility
1257	shall, within 48 hours, excluding weekends and legal holidays,
1258	petition the committing court or the circuit court serving the
1259	county in which the facility is located, at the option of the
1260	facility administrator or designee, for an order authorizing the
1261	continued treatment of the client. In the interim, the need for
1262	treatment shall be reviewed every 48 hours and may be continued
1263	without the consent of the client upon the continued written
1264	order of a physician who has determined that the emergency
1265	situation continues to present a danger to the safety of the
1266	client or others.
1267	2.  In a situation other than an emergency situation, the
1268	administrator or designee of the facility shall petition the
1269	court for an order authorizing necessary and essential treatment
1270	for the client. The order shall allow such treatment for a
1271	period not to exceed 90 days following the date of the entry of
1272	the order. Unless the court is notified in writing that the
1273	client has provided express and informed consent in writing or
1274	that the client has been discharged by the committing court, the
1275	administrator or designee shall, before prior to the expiration
1276	of the initial 90-day order, petition the court for an order
1277	authorizing the continuation of treatment for another 90-day
1278	period. This procedure shall be repeated until the client
1279	provides consent or is discharged by the committing court.
1280	3.  At the hearing on the issue of whether the court should
1281	enter an order authorizing treatment for which a client was
1282	unable to or refused to give express and informed consent, the
1283	court shall determine by clear and convincing evidence that the
1284	client has mental illness, intellectual disability retardation,
1285	or autism, that the treatment not consented to is essential to
1286	the care of the client, and that the treatment not consented to
1287	is not experimental and does not present an unreasonable risk of
1288	serious, hazardous, or irreversible side effects. In arriving at
1289	the substitute judgment decision, the court must consider at
1290	least the following factors:
1291	a.  The client's expressed preference regarding treatment;
1292	b.  The probability of adverse side effects;
1293	c.  The prognosis without treatment; and
1294	d.  The prognosis with treatment.
1295
1296	The hearing shall be as convenient to the client as may be
1297	consistent with orderly procedure and shall be conducted in
1298	physical settings not likely to be injurious to the client's
1299	condition. The court may appoint a general or special magistrate
1300	to preside at the hearing. The client or the client's guardian,
1301	and the representative, shall be provided with a copy of the
1302	petition and the date, time, and location of the hearing. The
1303	client has the right to have an attorney represent him or her at
1304	the hearing, and, if the client is indigent, the court shall
1305	appoint the office of the public defender to represent the
1306	client at the hearing. The client may testify or not, as he or
1307	she chooses, and has the right to cross-examine witnesses and
1308	may present his or her own witnesses.
1309	Section 30.  The Division of Statutory Revision is
1310	requested to rename part III of chapter 916, Florida Statutes,
1311	consisting of ss. 916.301-916.304, as "Forensic Services for
1312	Persons who are Intellectually Disabled or Autistic."
1313	Section 31.  Subsections (1) and (2) of section 916.301,
1314	Florida Statutes, are amended to read:
1315	916.301  Appointment of experts.-
1316	(1)  All evaluations ordered by the court under this part
1317	must be conducted by qualified experts who have expertise in
1318	evaluating persons who have an intellectual disability with
1319	retardation or autism. The agency shall maintain and provide the
1320	courts annually with a list of available retardation and autism
1321	professionals who are appropriately licensed and qualified to
1322	perform evaluations of defendants alleged to be incompetent to
1323	proceed due to intellectual disability retardation or autism.
1324	The courts may use professionals from this list when appointing
1325	experts and ordering evaluations under this part.
1326	(2)  If a defendant's suspected mental condition is
1327	intellectual disability retardation or autism, the court shall
1328	appoint the following:
1329	(a)  At least one, or at the request of any party, two
1330	experts to evaluate whether the defendant meets the definition
1331	of intellectual disability retardation or autism and, if so,
1332	whether the defendant is competent to proceed; and
1333	(b)  A psychologist selected by the agency who is licensed
1334	or authorized by law to practice in this state, with experience
1335	in evaluating persons suspected of having an intellectual
1336	disability retardation or autism, and a social service
1337	professional, with experience in working with persons who have
1338	an intellectual disability with retardation or autism.
1339	1.  The psychologist shall evaluate whether the defendant
1340	meets the definition of intellectual disability retardation or
1341	autism and, if so, whether the defendant is incompetent to
1342	proceed due to intellectual disability retardation or autism.
1343	2.  The social service professional shall provide a social
1344	and developmental history of the defendant.
1345	Section 32.  Subsections (1), (2), and (4) of section
1346	916.3012, Florida Statutes, are amended to read:
1347	916.3012  Mental competence to proceed.-
1348	(1)  A defendant whose suspected mental condition is
1349	intellectual disability retardation or autism is incompetent to
1350	proceed within the meaning of this chapter if the defendant does
1351	not have sufficient present ability to consult with the
1352	defendant's lawyer with a reasonable degree of rational
1353	understanding or if the defendant has no rational, as well as
1354	factual, understanding of the proceedings against the defendant.
1355	(2)  Experts in intellectual disability retardation or
1356	autism appointed pursuant to s. 916.301 shall first consider
1357	whether the defendant meets the definition of intellectual
1358	disability retardation or autism and, if so, consider the
1359	factors related to the issue of whether the defendant meets the
1360	criteria for competence to proceed as described in subsection
1361	(1).
1362	(4)  If the experts should find that the defendant is
1363	incompetent to proceed, the experts shall report on any
1364	recommended training for the defendant to attain competence to
1365	proceed. In considering the issues relating to training, the
1366	examining experts shall specifically report on:
1367	(a)  The intellectual disability retardation or autism
1368	causing the incompetence;
1369	(b)  The training appropriate for the intellectual
1370	disability retardation or autism of the defendant and an
1371	explanation of each of the possible training alternatives in
1372	order of choices;
1373	(c)  The availability of acceptable training and, if
1374	training is available in the community, the expert shall so
1375	state in the report; and
1376	(d)  The likelihood of the defendant's attaining competence
1377	under the training recommended, an assessment of the probable
1378	duration of the training required to restore competence, and the
1379	probability that the defendant will attain competence to proceed
1380	in the foreseeable future.
1381	Section 33.  Subsection (1), paragraphs (a) and (b) of
1382	subsection (2), and paragraph (a) of subsection (3) of section
1383	916.302, Florida Statutes, are amended to read:
1384	916.302  Involuntary commitment of defendant determined to
1385	be incompetent to proceed.-
1386	(1)  CRITERIA.-Every defendant who is charged with a felony
1387	and who is adjudicated incompetent to proceed due to
1388	intellectual disability retardation or autism may be
1389	involuntarily committed for training upon a finding by the court
1390	of clear and convincing evidence that:
1391	(a)  The defendant has an intellectual disability
1392	retardation or autism;
1393	(b)  There is a substantial likelihood that in the near
1394	future the defendant will inflict serious bodily harm on himself
1395	or herself or another person, as evidenced by recent behavior
1396	causing, attempting, or threatening such harm;
1397	(c)  All available, less restrictive alternatives,
1398	including services provided in community residential facilities
1399	or other community settings, which would offer an opportunity
1400	for improvement of the condition have been judged to be
1401	inappropriate; and
1402	(d)  There is a substantial probability that the
1403	intellectual disability retardation or autism causing the
1404	defendant's incompetence will respond to training and the
1405	defendant will regain competency to proceed in the reasonably
1406	foreseeable future.
1407	(2)  ADMISSION TO A FACILITY.-
1408	(a)  A defendant who has been charged with a felony and who
1409	is found to be incompetent to proceed due to intellectual
1410	disability retardation or autism, and who meets the criteria for
1411	involuntary commitment to the agency under the provisions of
1412	this chapter, shall be committed to the agency, and the agency
1413	shall retain and provide appropriate training for the defendant.
1414	Within No later than 6 months after the date of admission or at
1415	the end of any period of extended commitment or at any time the
1416	administrator or designee determines shall have determined that
1417	the defendant has regained competency to proceed or no longer
1418	meets the criteria for continued commitment, the administrator
1419	or designee shall file a report with the court pursuant to this
1420	chapter and the applicable Florida Rules of Criminal Procedure.
1421	(b)  A defendant determined to be incompetent to proceed
1422	due to intellectual disability retardation or autism may be
1423	ordered by a circuit court into a forensic facility designated
1424	by the agency for defendants who have an intellectual disability
1425	mental retardation or autism.
1426	(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.-
1427	(a)  If a defendant has both an intellectual disability
1428	mental retardation or autism and has a mental illness,
1429	evaluations must address which condition is primarily affecting
1430	the defendant's competency to proceed. Referral of the defendant
1431	should be made to a civil or forensic facility most appropriate
1432	to address the symptoms that are the cause of the defendant's
1433	incompetence.
1434	Section 34.  Subsection (1) of section 916.3025, Florida
1435	Statutes, is amended to read:
1436	916.3025  Jurisdiction of committing court.-
1437	(1)  The committing court shall retain jurisdiction in the
1438	case of any defendant found to be incompetent to proceed due to
1439	intellectual disability retardation or autism and ordered into a
1440	forensic facility designated by the agency for defendants who
1441	have intellectual disabilities mental retardation or autism. A
1442	defendant may not be released except by the order of the
1443	committing court. An administrative hearing examiner does not
1444	have jurisdiction to determine issues of continuing commitment
1445	or release of any defendant involuntarily committed pursuant to
1446	this chapter.
1447	Section 35.  Section 916.303, Florida Statutes, is amended
1448	to read:
1449	916.303  Determination of incompetency due to retardation
1450	or autism; dismissal of charges.-
1451	(1)  The charges against any defendant found to be
1452	incompetent to proceed due to intellectual disability
1453	retardation or autism shall be dismissed without prejudice to
1454	the state if the defendant remains incompetent to proceed within
1455	a reasonable time after such determination, not to exceed 2
1456	years, unless the court in its order specifies its reasons for
1457	believing that the defendant will become competent to proceed
1458	within the foreseeable future and specifies the time within
1459	which the defendant is expected to become competent to proceed.
1460	The charges may be refiled by the state if the defendant is
1461	declared competent to proceed in the future.
1462	(2)  If the charges are dismissed and if the defendant is
1463	considered to lack sufficient capacity to give express and
1464	informed consent to a voluntary application for services and
1465	lacks the basic survival and self-care skills to provide for his
1466	or her well-being or is likely to physically injure himself or
1467	herself or others if allowed to remain at liberty, the agency,
1468	the state attorney, or the defendant's attorney shall apply to
1469	the committing court to involuntarily admit the defendant to
1470	residential services pursuant to s. 393.11.
1471	(3)  If the defendant is considered to need involuntary
1472	residential services for reasons described in subsection (2)
1473	and, further, there is a substantial likelihood that the
1474	defendant will injure another person or continues to present a
1475	danger of escape, and all available less restrictive
1476	alternatives, including services in community residential
1477	facilities or other community settings, which would offer an
1478	opportunity for improvement of the condition have been judged to
1479	be inappropriate, the agency, the state attorney, or the
1480	defendant's counsel may request the committing court to continue
1481	the defendant's placement in a secure facility pursuant to this
1482	part. Any placement so continued under this subsection must be
1483	reviewed by the court at least annually at a hearing. The annual
1484	review and hearing must shall determine whether the defendant
1485	continues to meet the criteria described in this subsection and,
1486	if so, whether the defendant still requires involuntary
1487	placement in a secure facility and whether the defendant is
1488	receiving adequate care, treatment, habilitation, and
1489	rehabilitation, including psychotropic medication and behavioral
1490	programming. Notice of the annual review and review hearing
1491	shall be given to the state attorney and the defendant's
1492	attorney. In no instance may A defendant's placement in a secure
1493	facility may not exceed the maximum sentence for the crime for
1494	which the defendant was charged.
1495	Section 36.  Subsection (1) of section 916.304, Florida
1496	Statutes, is amended to read:
1497	916.304  Conditional release.-
1498	(1)  Except for an inmate currently serving a prison
1499	sentence, the committing court may order a conditional release
1500	of any defendant who has been found to be incompetent to proceed
1501	due to intellectual disability retardation or autism, based on
1502	an approved plan for providing community-based training. The
1503	committing criminal court may order a conditional release of any
1504	defendant to a civil facility in lieu of an involuntary
1505	commitment to a forensic facility pursuant to s. 916.302. Upon a
1506	recommendation that community-based training for the defendant
1507	is appropriate, a written plan for community-based training,
1508	including recommendations from qualified professionals, may be
1509	filed with the court, with copies to all parties. Such a plan
1510	may also be submitted by the defendant and filed with the court,
1511	with copies to all parties. The plan must include:
1512	(a)  Special provisions for residential care and adequate
1513	supervision of the defendant, including recommended location of
1514	placement.
1515	(b)  Recommendations for auxiliary services such as
1516	vocational training, psychological training, educational
1517	services, leisure services, and special medical care.
1518
1519	In its order of conditional release, the court shall specify the
1520	conditions of release based upon the release plan and shall
1521	direct the appropriate agencies or persons to submit periodic
1522	reports to the courts regarding the defendant's compliance with
1523	the conditions of the release and progress in training, with
1524	copies to all parties.
1525	Section 37.  Section 918.16, Florida Statutes, is amended
1526	to read:
1527	918.16  Sex offenses; testimony of person under age 16 or
1528	who has an intellectual disability person with mental
1529	retardation; testimony of victim; courtroom cleared;
1530	exceptions.-
1531	(1)  Except as provided in subsection (2), in the trial of
1532	any case, civil or criminal, if when any person under the age of
1533	16 or any person with an intellectual disability mental
1534	retardation as defined in s. 393.063 is testifying concerning
1535	any sex offense, the court shall clear the courtroom of all
1536	persons except parties to the cause and their immediate families
1537	or guardians, attorneys and their secretaries, officers of the
1538	court, jurors, newspaper reporters or broadcasters, court
1539	reporters, and, at the request of the victim, victim or witness
1540	advocates designated by the state attorney's office.
1541	(2)  If When the victim of a sex offense is testifying
1542	concerning that offense in any civil or criminal trial, the
1543	court shall clear the courtroom of all persons upon the request
1544	of the victim, regardless of the victim's age or mental
1545	capacity, except that parties to the cause and their immediate
1546	families or guardians, attorneys and their secretaries, officers
1547	of the court, jurors, newspaper reporters or broadcasters, court
1548	reporters, and, at the request of the victim, victim or witness
1549	advocates designated by the state attorney may remain in the
1550	courtroom.
1551	Section 38.  Section 921.137, Florida Statutes, is amended
1552	to read:
1553	921.137  Imposition of the death sentence upon an
1554	intellectually disabled a defendant with mental retardation
1555	prohibited.-
1556	(1)  As used in this section, the term "intellectually
1557	disabled" or "intellectual disability" "mental retardation"
1558	means significantly subaverage general intellectual functioning
1559	existing concurrently with deficits in adaptive behavior and
1560	manifested during the period from conception to age 18. The term
1561	"significantly subaverage general intellectual functioning," for
1562	the purpose of this section, means performance that is two or
1563	more standard deviations from the mean score on a standardized
1564	intelligence test specified in the rules of the Agency for
1565	Persons with Disabilities. The term "adaptive behavior," for the
1566	purpose of this definition, means the effectiveness or degree
1567	with which an individual meets the standards of personal
1568	independence and social responsibility expected of his or her
1569	age, cultural group, and community. The Agency for Persons with
1570	Disabilities shall adopt rules to specify the standardized
1571	intelligence tests as provided in this subsection.
1572	(2)  A sentence of death may not be imposed upon a
1573	defendant convicted of a capital felony if it is determined in
1574	accordance with this section that the defendant is
1575	intellectually disabled has mental retardation.
1576	(3)  A defendant charged with a capital felony who intends
1577	to raise intellectual disability mental retardation as a bar to
1578	the death sentence must give notice of such intention in
1579	accordance with the rules of court governing notices of intent
1580	to offer expert testimony regarding mental health mitigation
1581	during the penalty phase of a capital trial.
1582	(4)  After a defendant who has given notice of his or her
1583	intention to raise intellectual disability mental retardation as
1584	a bar to the death sentence is convicted of a capital felony and
1585	an advisory jury has returned a recommended sentence of death,
1586	the defendant may file a motion to determine whether the
1587	defendant is intellectually disabled has mental retardation.
1588	Upon receipt of the motion, the court shall appoint two experts
1589	in the field of intellectual disabilities mental retardation who
1590	shall evaluate the defendant and report their findings to the
1591	court and all interested parties prior to the final sentencing
1592	hearing. Notwithstanding s. 921.141 or s. 921.142, the final
1593	sentencing hearing shall be held without a jury. At the final
1594	sentencing hearing, the court shall consider the findings of the
1595	court-appointed experts and consider the findings of any other
1596	expert which is offered by the state or the defense on the issue
1597	of whether the defendant has an intellectual disability mental
1598	retardation. If the court finds, by clear and convincing
1599	evidence, that the defendant has an intellectual disability
1600	mental retardation as defined in subsection (1), the court may
1601	not impose a sentence of death and shall enter a written order
1602	that sets forth with specificity the findings in support of the
1603	determination.
1604	(5)  If a defendant waives his or her right to a
1605	recommended sentence by an advisory jury following a plea of
1606	guilt or nolo contendere to a capital felony and adjudication of
1607	guilt by the court, or following a jury finding of guilt of a
1608	capital felony, upon acceptance of the waiver by the court, a
1609	defendant who has given notice as required in subsection (3) may
1610	file a motion for a determination of intellectual disability
1611	mental retardation. Upon granting the motion, the court shall
1612	proceed as provided in subsection (4).
1613	(6)  If, following a recommendation by an advisory jury
1614	that the defendant be sentenced to life imprisonment, the state
1615	intends to request the court to order that the defendant be
1616	sentenced to death, the state must inform the defendant of such
1617	request if the defendant has notified the court of his or her
1618	intent to raise intellectual disability mental retardation as a
1619	bar to the death sentence. After receipt of the notice from the
1620	state, the defendant may file a motion requesting a
1621	determination by the court of whether the defendant is
1622	intellectually disabled has mental retardation. Upon granting
1623	the motion, the court shall proceed as provided in subsection
1624	(4).
1625	(7)  Pursuant to s. 924.07, the state may appeal, pursuant
1626	to s. 924.07, a determination of intellectual disability mental
1627	retardation made under subsection (4).
1628	(8)  This section does not apply to a defendant who was
1629	sentenced to death before June 12, 2001 prior to the effective
1630	date of this act.
1631	(9)  For purposes of the application of the criminal laws
1632	and procedural rules of this state to any matters relating to
1633	the imposition and execution of the death penalty, the terms
1634	"intellectual disability" or "intellectually disabled" are
1635	interchangeable with and have the same meaning as the terms
1636	"mental retardation" or "retardation" and "mentally retarded" as
1637	those terms were defined before July 1, 2012.
1638	Section 39.  Paragraph (b) of subsection (2) of section
1639	941.38, Florida Statutes, is amended to read:
1640	941.38  Extradition of persons alleged to be of unsound
1641	mind.-
1642	(2)  For the purpose of this section:
1643	(b)  A "mentally incompetent person" is one who because of
1644	mental illness, intellectual disability mental retardation,
1645	senility, excessive use of drugs or alcohol, or other mental
1646	incapacity is incapable of either managing his or her property
1647	or caring for himself or herself or both.
1648	Section 40.  Section 944.602, Florida Statutes, is amended
1649	to read:
1650	944.602  Agency notification before release of
1651	intellectually disabled mentally retarded inmates.-Before the
1652	release by parole, release by reason of gain-time allowances
1653	provided for in s. 944.291, or expiration of sentence of any
1654	inmate who has been diagnosed as having an intellectual
1655	disability mentally retarded as defined in s. 393.063, the
1656	Department of Corrections shall notify the Agency for Persons
1657	with Disabilities in order that sufficient time be allowed to
1658	notify the inmate or the inmate's representative, in writing, at
1659	least 7 days before prior to the inmate's release, of available
1660	community services.
1661	Section 41.  Subsection (2) of section 945.025, Florida
1662	Statutes, is amended to read:
1663	945.025  Jurisdiction of department.-
1664	(2)  In establishing, operating, and using utilizing these
1665	facilities, the department shall attempt, whenever possible, to
1666	avoid the placement of nondangerous offenders who have potential
1667	for rehabilitation with repeat offenders or dangerous offenders.
1668	Medical, mental, and psychological problems must shall be
1669	diagnosed and treated whenever possible. The Department of
1670	Children and Family Services and the Agency for Persons with
1671	Disabilities shall cooperate to ensure the delivery of services
1672	to persons under the custody or supervision of the department.
1673	If When it is the intent of the department intends to transfer a
1674	mentally ill or retarded prisoner who has a mental illness or
1675	intellectual disability to the Department of Children and Family
1676	Services or the Agency for Persons with Disabilities, an
1677	involuntary commitment hearing shall be held in accordance with
1678	according to the provisions of chapter 393 or chapter 394.
1679	Section 42.  Subsection (5) of section 945.12, Florida
1680	Statutes, is amended to read:
1681	945.12  Transfers for rehabilitative treatment.-
1682	(5)  When the department plans to release an offender who
1683	is a mentally ill or intellectually disabled retarded offender,
1684	an involuntary commitment hearing shall be held as soon as
1685	possible before prior to his or her release in accordance with,
1686	according to the provisions of chapter 393 or chapter 394.
1687	Section 43.  Subsection (9) of section 945.42, Florida
1688	Statutes, is amended to read:
1689	945.42  Definitions; ss. 945.40-945.49.-As used in ss.
1690	945.40-945.49, the following terms shall have the meanings
1691	ascribed to them, unless the context shall clearly indicate
1692	otherwise:
1693	(9)  "Mentally ill" means an impairment of the mental or
1694	emotional processes that, of the ability to exercise conscious
1695	control of one's actions, or of the ability to perceive or
1696	understand reality, which impairment substantially interferes
1697	with the a person's ability to meet the ordinary demands of
1698	living. However, regardless of etiology, except that, for the
1699	purposes of transferring transfer of an inmate to a mental
1700	health treatment facility, the term does not include a
1701	retardation or developmental disability as defined in s. 393.063
1702	chapter 393, simple intoxication, or conditions manifested only
1703	by antisocial behavior or substance abuse addiction. However, an
1704	individual who is mentally retarded or developmentally disabled
1705	may also have a mental illness.
1706	Section 44.  Section 947.185, Florida Statutes, is amended
1707	to read:
1708	947.185  Application for intellectual disability mental
1709	retardation services as condition of parole.-The Parole
1710	Commission may require as a condition of parole that any inmate
1711	who has been diagnosed as having an intellectual disability
1712	mentally retarded as defined in s. 393.063 shall, upon release,
1713	apply for services from the Agency for Persons with
1714	Disabilities.
1715	Section 45.  Subsection (4) of section 984.19, Florida
1716	Statutes, is amended to read:
1717	984.19  Medical screening and treatment of child;
1718	examination of parent, guardian, or person requesting custody.-
1719	(4)  A judge may order that a child alleged to be or
1720	adjudicated a child in need of services be treated by a licensed
1721	health care professional. The judge may also order such child to
1722	receive mental health or intellectual disability retardation
1723	services from a psychiatrist, psychologist, or other appropriate
1724	service provider. If it is necessary to place the child in a
1725	residential facility for such services, then the procedures and
1726	criteria established in s. 394.467 or chapter 393 shall be used,
1727	as whichever is applicable. A child may be provided mental
1728	health or retardation services in emergency situations, pursuant
1729	to the procedures and criteria contained in s. 394.463(1) or
1730	chapter 393, as whichever is applicable.
1731	Section 46.  Paragraph (a) of subsection (3) of section
1732	985.14, Florida Statutes, is amended to read:
1733	985.14  Intake and case management system.-
1734	(3)  The intake and case management system shall facilitate
1735	consistency in the recommended placement of each child, and in
1736	the assessment, classification, and placement process, with the
1737	following purposes:
1738	(a)  An individualized, multidisciplinary assessment
1739	process that identifies the priority needs of each individual
1740	child for rehabilitation and treatment and identifies any needs
1741	of the child's parents or guardians for services that would
1742	enhance their ability to provide adequate support, guidance, and
1743	supervision for the child. This process begins shall begin with
1744	the detention risk assessment instrument and decision, includes
1745	shall include the intake preliminary screening and comprehensive
1746	assessment for substance abuse treatment services, mental health
1747	services, intellectual disability retardation services, literacy
1748	services, and other educational and treatment services as
1749	components, additional assessment of the child's treatment
1750	needs, and classification regarding the child's risks to the
1751	community and, for a serious or habitual delinquent child,
1752	includes shall include the assessment for placement in a serious
1753	or habitual delinquent children program under s. 985.47. The
1754	completed multidisciplinary assessment process must shall result
1755	in the predisposition report.
1756	Section 47.  Paragraph (g) of subsection (1) and subsection
1757	(5) of section 985.145, Florida Statutes, are amended to read:
1758	985.145  Responsibilities of juvenile probation officer
1759	during intake; screenings and assessments.-
1760	(1)  The juvenile probation officer shall serve as the
1761	primary case manager for the purpose of managing, coordinating,
1762	and monitoring the services provided to the child. Each program
1763	administrator within the Department of Children and Family
1764	Services shall cooperate with the primary case manager in
1765	carrying out the duties and responsibilities described in this
1766	section. In addition to duties specified in other sections and
1767	through departmental rules, the assigned juvenile probation
1768	officer shall be responsible for the following:
1769	(g)  Comprehensive assessment.-The juvenile probation
1770	officer, pursuant to uniform procedures established by the
1771	department and upon determining that the report, affidavit, or
1772	complaint is complete, shall:
1773	1.  Perform the preliminary screening and make referrals
1774	for a comprehensive assessment regarding the child's need for
1775	substance abuse treatment services, mental health services,
1776	intellectual disability retardation services, literacy services,
1777	or other educational or treatment services.
1778	2.  If When indicated by the preliminary screening, provide
1779	for a comprehensive assessment of the child and family for
1780	substance abuse problems, using community-based licensed
1781	programs with clinical expertise and experience in the
1782	assessment of substance abuse problems.
1783	3.  If When indicated by the preliminary screening, provide
1784	for a comprehensive assessment of the child and family for
1785	mental health problems, using community-based psychologists,
1786	psychiatrists, or other licensed mental health professionals who
1787	have clinical expertise and experience in the assessment of
1788	mental health problems.
1789	(5)  If the screening and assessment indicate that the
1790	interests of the child and the public will be best served
1791	thereby, the juvenile probation officer, with the approval of
1792	the state attorney, may refer the child for care, diagnostic,
1793	and evaluation services; substance abuse treatment services;
1794	mental health services; intellectual disability retardation
1795	services; a diversionary, arbitration, or mediation program;
1796	community service work; or other programs or treatment services
1797	voluntarily accepted by the child and the child's parents or
1798	legal guardian. If Whenever a child volunteers to participate in
1799	any work program under this chapter or volunteers to work in a
1800	specified state, county, municipal, or community service
1801	organization supervised work program or to work for the victim,
1802	the child is shall be considered an employee of the state for
1803	the purposes of liability. In determining the child's average
1804	weekly wage, unless otherwise determined by a specific funding
1805	program, all remuneration received from the employer is
1806	considered a gratuity, and the child is not entitled to any
1807	benefits otherwise payable under s. 440.15, regardless of
1808	whether the child may be receiving wages and remuneration from
1809	other employment with another employer and regardless of the
1810	child's future wage-earning capacity.
1811	Section 48.  Subsections (2) and (6) of section 985.18,
1812	Florida Statutes, are amended to read:
1813	985.18  Medical, psychiatric, psychological, substance
1814	abuse, and educational examination and treatment.-
1815	(2)  If Whenever a child has been found to have committed a
1816	delinquent act, or before such finding with the consent of any
1817	parent or legal custodian of the child, the court may order the
1818	child to be treated by a physician. The court may also order the
1819	child to receive mental health, substance abuse, or intellectual
1820	disability retardation services from a psychiatrist,
1821	psychologist, or other appropriate service provider. If it is
1822	necessary to place the child in a residential facility for such
1823	services, the procedures and criteria established in chapter
1824	393, chapter 394, or chapter 397, as whichever is applicable,
1825	must shall be used. After a child has been adjudicated
1826	delinquent, if an educational needs assessment by the district
1827	school board or the Department of Children and Family Services
1828	has been previously conducted, the court shall order the report
1829	of such needs assessment included in the child's court record in
1830	lieu of a new assessment. For purposes of this section, an
1831	educational needs assessment includes, but is not limited to,
1832	reports of intelligence and achievement tests, screening for
1833	learning and other disabilities and other handicaps, and
1834	screening for the need for alternative education.
1835	(6)  A physician must shall be immediately notified by the
1836	person taking the child into custody or the person having
1837	custody if there are indications of physical injury or illness,
1838	or the child shall be taken to the nearest available hospital
1839	for emergency care. A child may be provided mental health,
1840	substance abuse, or intellectual disability retardation
1841	services, in emergency situations, pursuant to chapter 393,
1842	chapter 394, or chapter 397, as whichever is applicable. After a
1843	hearing, the court may order the custodial parent or parents,
1844	guardian, or other custodian, if found able to do so, to
1845	reimburse the county or state for the expense involved in such
1846	emergency treatment or care.
1847	Section 49.  Paragraph (e) of subsection (1), subsections
1848	(2) through (4), and paragraph (a) of subsection (6) of section
1849	985.19, Florida Statutes, are amended to read:
1850	985.19  Incompetency in juvenile delinquency cases.-
1851	(1)  If, at any time prior to or during a delinquency case,
1852	the court has reason to believe that the child named in the
1853	petition may be incompetent to proceed with the hearing, the
1854	court on its own motion may, or on the motion of the child's
1855	attorney or state attorney must, stay all proceedings and order
1856	an evaluation of the child's mental condition.
1857	(e)  For incompetency evaluations related to intellectual
1858	disability mental retardation or autism, the court shall order
1859	the Agency for Persons with Disabilities to examine the child to
1860	determine if the child meets the definition of "intellectual
1861	disability" "retardation" or "autism" in s. 393.063 and, if so,
1862	whether the child is competent to proceed with delinquency
1863	proceedings.
1864	(2)  A child who is adjudicated incompetent to proceed, and
1865	who has committed a delinquent act or violation of law, either
1866	of which would be a felony if committed by an adult, must be
1867	committed to the Department of Children and Family Services for
1868	treatment or training. A child who has been adjudicated
1869	incompetent to proceed because of age or immaturity, or for any
1870	reason other than for mental illness, intellectual disability,
1871	or retardation or autism, must not be committed to the
1872	department or to the Department of Children and Family Services
1873	for restoration-of-competency treatment or training services.
1874	For purposes of this section, a child who has committed a
1875	delinquent act or violation of law, either of which would be a
1876	misdemeanor if committed by an adult, may not be committed to
1877	the department or to the Department of Children and Family
1878	Services for restoration-of-competency treatment or training
1879	services.
1880	(3)  If the court finds that a child has mental illness,
1881	intellectual disability mental retardation, or autism and
1882	adjudicates the child incompetent to proceed, the court must
1883	also determine whether the child meets the criteria for secure
1884	placement. A child may be placed in a secure facility or program
1885	if the court makes a finding by clear and convincing evidence
1886	that:
1887	(a)  The child has mental illness, intellectual disability
1888	mental retardation, or autism and because of the mental illness,
1889	intellectual disability mental retardation, or autism:
1890	1.  The child is manifestly incapable of surviving with the
1891	help of willing and responsible family or friends, including
1892	available alternative services, and without treatment or
1893	training the child is likely to either suffer from neglect or
1894	refuse to care for self, and such neglect or refusal poses a
1895	real and present threat of substantial harm to the child's well-
1896	being; or
1897	2.  There is a substantial likelihood that in the near
1898	future the child will inflict serious bodily harm on self or
1899	others, as evidenced by recent behavior causing, attempting, or
1900	threatening such harm; and
1901	(b)  All available less restrictive alternatives, including
1902	treatment or training in community residential facilities or
1903	community settings which would offer an opportunity for
1904	improvement of the child's condition, are inappropriate.
1905	(4)  A child who is determined to have mental illness,
1906	intellectual disability mental retardation, or autism, who has
1907	been adjudicated incompetent to proceed, and who meets the
1908	criteria set forth in subsection (3), must be committed to the
1909	Department of Children and Family Services and receive treatment
1910	or training in a secure facility or program that is the least
1911	restrictive alternative consistent with public safety. Any
1912	placement of a child to a secure residential program must be
1913	separate from adult forensic programs. If the child attains
1914	competency, then custody, case management, and supervision of
1915	the child shall will be transferred to the department in order
1916	to continue delinquency proceedings; however, the court retains
1917	authority to order the Department of Children and Family
1918	Services to provide continued treatment or training to maintain
1919	competency.
1920	(a)  A child adjudicated incompetent due to intellectual
1921	disability mental retardation or autism may be ordered into a
1922	secure program or facility designated by the Department of
1923	Children and Family Services for children who have intellectual
1924	disabilities with mental retardation or autism.
1925	(b)  A child adjudicated incompetent due to mental illness
1926	may be ordered into a secure program or facility designated by
1927	the Department of Children and Family Services for children
1928	having mental illnesses.
1929	(c)  If Whenever a child is placed in a secure residential
1930	facility, the department shall will provide transportation to
1931	the secure residential facility for admission and from the
1932	secure residential facility upon discharge.
1933	(d)  The purpose of the treatment or training is the
1934	restoration of the child's competency to proceed.
1935	(e)  The service provider must file a written report with
1936	the court pursuant to the applicable Florida Rules of Juvenile
1937	Procedure within not later than 6 months after the date of
1938	commitment, or at the end of any period of extended treatment or
1939	training, and at any time the Department of Children and Family
1940	Services, through its service provider, determines the child has
1941	attained competency or no longer meets the criteria for secure
1942	placement, or at such shorter intervals as ordered by the court.
1943	A copy of a written report evaluating the child's competency
1944	must be filed by the provider with the court and with the state
1945	attorney, the child's attorney, the department, and the
1946	Department of Children and Family Services.
1947	(6)(a)  If a child is determined to have mental illness,
1948	intellectual disability mental retardation, or autism and is
1949	found to be incompetent to proceed but does not meet the
1950	criteria set forth in subsection (3), the court shall commit the
1951	child to the Department of Children and Family Services and
1952	shall order the Department of Children and Family Services to
1953	provide appropriate treatment and training in the community. The
1954	purpose of the treatment or training is the restoration of the
1955	child's competency to proceed.
1956	Section 50.  Section 985.195, Florida Statutes, is amended
1957	to read:
1958	985.195  Transfer to other treatment services.-Any child
1959	committed to the department may be transferred to intellectual
1960	disability retardation, mental health, or substance abuse
1961	treatment facilities for diagnosis and evaluation pursuant to
1962	chapter 393, chapter 394, or chapter 397, as whichever is
1963	applicable, for up to a period not to exceed 90 days.
1964	Section 51.  Paragraph (b) of subsection (1) of section
1965	985.61, Florida Statutes, is amended to read:
1966	985.61  Early delinquency intervention program; criteria.-
1967	(1)  The Department of Juvenile Justice shall, contingent
1968	upon specific appropriation and with the cooperation of local
1969	law enforcement agencies, the judiciary, district school board
1970	personnel, the office of the state attorney, the office of the
1971	public defender, the Department of Children and Family Services,
1972	and community service agencies that work with children,
1973	establish an early delinquency intervention program, the
1974	components of which shall include, but not be limited to:
1975	(b)  Treatment modalities, including substance abuse
1976	treatment services, mental health services, and retardation
1977	services for intellectual disabilities.
1978	Section 52.  It is the intent of the Legislature that this
1979	act not expand or contract the scope or application of any
1980	provision of the Florida Statutes. This act may not be construed
1981	to change the application of any provision of Florida Statutes
1982	to any person.
1983	Section 53.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.