ENROLLED
       2016 Legislature             CS for CS for SB 936, 1st Engrossed
       
       
       
       
       
       
                                                              2016936er
    1  
    2         An act relating to persons with disabilities;
    3         providing a short title; amending s. 322.051, F.S.;
    4         requiring the Department of Highway Safety and Motor
    5         Vehicles to issue an identification card exhibiting a
    6         special designation for a person who has a
    7         developmental disability under certain circumstances;
    8         requiring payment of an additional fee and proof of
    9         diagnosis by a licensed physician; requiring the fee
   10         to be deposited into the Agency for Persons with
   11         Disabilities Operations and Maintenance Trust Fund;
   12         authorizing issuance of a replacement identification
   13         card that includes the special designation without
   14         payment of a specified fee; requiring the department
   15         to develop rules to facilitate the issuance,
   16         requirements, and oversight of developmental
   17         disability identification cards; providing
   18         applicability; creating s. 943.0439, F.S.; requiring a
   19         law enforcement officer, correctional officer, or
   20         another public safety official to make a good faith
   21         effort, upon the request of a parent, a guardian, or
   22         the individual, to ensure that specified professionals
   23         are present at all interviews of an individual
   24         diagnosed with autism or an autism spectrum disorder;
   25         providing specifications for the professional;
   26         specifying that the parent, guardian, or individual
   27         bears the expense of hiring the professional;
   28         requiring a convicted defendant to pay for the
   29         professional under certain circumstances; specifying
   30         that not having a professional present is not a basis
   31         for suppressing statements or for bringing a cause of
   32         action; providing applicability; requiring law
   33         enforcement agencies to develop and implement
   34         appropriate policies and provide training; providing
   35         effective dates.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. The amendments made by this act to s. 943.0439,
   40  Florida Statutes, may be cited as “The Wes Kleinert Fair
   41  Interview Act.”
   42         Section 2. Effective October 1, 2016, paragraph (c) is
   43  added to subsection (8) of section 322.051, Florida Statutes, to
   44  read:
   45         322.051 Identification cards.—
   46         (8)
   47         (c)1. Upon request by a person who has a developmental
   48  disability, or by a parent or guardian of a child or ward who
   49  has a developmental disability, the department shall issue an
   50  identification card exhibiting a capital “D” for the person,
   51  child, or ward if the person or the parent or guardian of the
   52  child or ward submits:
   53         a. Payment of an additional $1 fee; and
   54         b. Proof acceptable to the department of a diagnosis by a
   55  licensed physician of a developmental disability as defined in
   56  s. 393.063.
   57         2. The department shall deposit the additional $1 fee into
   58  the Agency for Persons with Disabilities Operations and
   59  Maintenance Trust Fund under s. 20.1971(2).
   60         3. A replacement identification card that includes the
   61  designation may be issued without payment of the fee required
   62  under s. 322.21(1)(f).
   63         4. The department shall develop rules to facilitate the
   64  issuance, requirements, and oversight of developmental
   65  disability identification cards under this section.
   66         Section 3. Effective October 1, 2016, the amendments made
   67  by this act to s. 322.051, Florida Statutes, shall apply upon
   68  implementation of new designs for the driver license and
   69  identification card by the Department of Highway Safety and
   70  Motor Vehicles.
   71         Section 4. Section 943.0439, Florida Statutes, is created
   72  to read:
   73         943.0439 Interviews of victims, suspects, or defendants
   74  with autism or an autism spectrum disorder.—A law enforcement
   75  officer, a correctional officer, or another public safety
   76  official shall, upon the request of an individual diagnosed with
   77  autism or an autism spectrum disorder or his or her parent or
   78  guardian, make a good faith effort to ensure that a
   79  psychiatrist, psychologist, mental health counselor, special
   80  education instructor, clinical social worker, or related
   81  professional is present at all interviews of the individual. The
   82  professional must have experience treating, teaching, or
   83  assisting patients or clients who have been diagnosed with
   84  autism or an autism spectrum disorder or related developmental
   85  disability or must be certified in special education with a
   86  concentration focused on persons with autism or an autism
   87  spectrum disorder. All expenses related to the attendance of the
   88  professional at interviews shall be borne by the requesting
   89  parent, guardian, or individual. If the individual is a victim,
   90  the defendant shall reimburse the victim for all expenses
   91  related to the attendance of the professional at the interview,
   92  in addition to other restitution or penalties provided by law,
   93  upon conviction of the offense of which the individual is a
   94  victim. Failure to have a professional as defined by this
   95  subsection present at the time of the interview is not a basis
   96  for suppression of the statement or the contents of the
   97  interview or for a cause of action against the law enforcement
   98  officer or agency. This subsection applies to such an individual
   99  who is the victim, a suspect, or a defendant formally accused of
  100  a crime.
  101         (2) Each law enforcement agency must ensure that
  102  appropriate policies are developed which implement this section
  103  and that training is provided to its law enforcement and
  104  correctional officers based on those policies.
  105         Section 5. Except as otherwise expressly provided in this
  106  act, this act shall take effect July 1, 2016.