March 30, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                    SB 1388
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-01016-10                                           20101388__
    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; amending ss.
    5         40.013, 86.041, 92.53, 92.54, and 92.55, F.S.;
    6         substituting the term “intellectual disability” for
    7         the term “mental retardation”; amending s. 320.10,
    8         F.S.; substituting the Arc of Florida for the
    9         Association for Retarded Citizens; amending ss.
   10         383.14, 393.063, 393.11, and 394.455, F.S.;
   11         substituting the term “intellectual disability” for
   12         the term “mental retardation”; amending s. 400.960,
   13         F.S.; revising definitions relating to intermediate
   14         care facilities for the developmentally disabled to
   15         delete unused terms; amending s. 408.032, F.S.;
   16         conforming a cross-reference; amending ss. 413.20,
   17         440.49, and 499.0054, F.S.; substituting the term
   18         “intellectual disability” for the term “mental
   19         retardation”; amending s. 514.072, F.S.; conforming a
   20         cross-reference and deleting obsolete provisions;
   21         amending ss. 627.6041, 627.6615, 641.31, 650.05,
   22         765.204, 849.04, 914.16, 914.17, 916.105, and 916.106,
   23         F.S.; substituting the term “intellectual disability”
   24         for the term “mental retardation”; providing a
   25         directive to the Division of Statutory Revision;
   26         amending ss. 916.301, 916.3012, 916.302, 916.3025,
   27         916.303, 916.304, 921.137, 941.38, 944.602, 945.025,
   28         945.12, 945.42, 947.185, 984.19, 985.14, 985.145,
   29         985.18, 985.19, 985.195, and 985.61, F.S.;
   30         substituting the term “intellectual disability” for
   31         the term “mental retardation”; providing an effective
   32         date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (15) of section 39.502, Florida
   37  Statutes, is amended to read:
   38         39.502 Notice, process, and service.—
   39         (15) A party who is identified as a person who has a with
   40  mental illness or with a developmental disability must be
   41  informed by the court of the availability of advocacy services
   42  through the department, the Arc of Florida Association for
   43  Retarded Citizens, or other appropriate mental health or
   44  developmental disability advocacy groups and encouraged to seek
   45  such services.
   46         Section 2. Subsection (9) of section 40.013, Florida
   47  Statutes, is amended to read:
   48         40.013 Persons disqualified or excused from jury service.—
   49         (9) Any person who is responsible for the care of a person
   50  who, because of mental illness, intellectual disability mental
   51  retardation, senility, or other physical or mental incapacity,
   52  is incapable of caring for himself or herself shall be excused
   53  from jury service upon request.
   54         Section 3. Section 86.041, Florida Statutes, is amended to
   55  read:
   56         86.041 Actions by executors, administrators, trustees,
   57  etc.—Any person interested as or through an executor,
   58  administrator, trustee, guardian, or other fiduciary, creditor,
   59  devisee, legatee, heir, next of kin, or cestui que trust, in the
   60  administration of a trust, a guardianship, or of the estate of a
   61  decedent, an infant, a mental incompetent, or insolvent may have
   62  a declaration of rights or equitable or legal relations to in
   63  respect thereto:
   64         (1) To Ascertain any class of creditors, devisees,
   65  legatees, heirs, next of kin, or others; or
   66         (2) To Direct the executor, administrator, or trustee to
   67  refrain from doing any particular act in his or her fiduciary
   68  capacity; or
   69         (3) To Determine any question relating to arising in the
   70  administration of the guardianship, estate, or trust, including
   71  questions of construction of wills and other writings.
   72  
   73  For the purpose of this section, a “mental incompetent” is one
   74  who, because of mental illness, intellectual disability mental
   75  retardation, senility, excessive use of drugs or alcohol, or
   76  other mental incapacity, is incapable of either managing his or
   77  her property or caring for himself or herself, or both.
   78         Section 4. Section 92.53, Florida Statutes, is amended to
   79  read:
   80         92.53 Videotaping of testimony of a victim or witness under
   81  age 16 or who has an intellectual disability person with mental
   82  retardation.—
   83         (1) On motion and hearing in camera and a finding that
   84  there is a substantial likelihood that a victim or witness who
   85  is under the age of 16 or who has an intellectual disability is
   86  a person with mental retardation as defined in s. 393.063 would
   87  suffer at least moderate emotional or mental harm due to the
   88  presence of the defendant if such victim or witness the child or
   89  person with mental retardation is required to testify in open
   90  court, or that such victim or witness is otherwise unavailable
   91  as defined in s. 90.804(1), the trial court may order the
   92  videotaping of the testimony of the victim or witness in a case,
   93  whether civil or criminal in nature, in which videotaped
   94  testimony is to be used utilized at trial in lieu of trial
   95  testimony in open court.
   96         (2) The motion may be filed by:
   97         (a) The victim or witness, or the victim’s or witness’s
   98  attorney, parent, legal guardian, or guardian ad litem;
   99         (b) A trial judge on his or her own motion;
  100         (c) Any party in a civil proceeding; or
  101         (d) The prosecuting attorney or the defendant, or the
  102  defendant’s counsel.
  103         (3) The judge shall preside, or shall appoint a special
  104  master to preside, at the videotaping unless the following
  105  conditions are met:
  106         (a) The child or the person who has the intellectual
  107  disability with mental retardation is represented by a guardian
  108  ad litem or counsel;
  109         (b) The representative of the victim or witness and the
  110  counsel for each party stipulate that the requirement for the
  111  presence of the judge or special master may be waived; and
  112         (c) The court finds at a hearing on the motion that the
  113  presence of a judge or special master is not necessary to
  114  protect the victim or witness.
  115         (4) The defendant and the defendant’s counsel must shall be
  116  present at the videotaping, unless the defendant has waived this
  117  right. The court may require the defendant to view the testimony
  118  from outside the presence of the child or the person who has an
  119  intellectual disability with mental retardation by means of a
  120  two-way mirror or another similar method that ensures will
  121  ensure that the defendant can observe and hear the testimony of
  122  the victim or witness in person, but that the victim or witness
  123  cannot hear or see the defendant. The defendant and the attorney
  124  for the defendant may communicate by any appropriate private
  125  method.
  126         (5) Any party, or the court on its own motion, may request
  127  the aid of an interpreter, as provided in s. 90.606, to aid the
  128  parties in formulating methods of questioning the child or
  129  person who has the intellectual disability with mental
  130  retardation and in interpreting the answers of the child or
  131  person with mental retardation throughout proceedings conducted
  132  under this section.
  133         (6) The motion referred to in subsection (1) may be made at
  134  any time with reasonable notice to each party to the cause, and
  135  videotaping of testimony may be made any time after the court
  136  grants the motion. The videotaped testimony is shall be
  137  admissible as evidence in the trial of the cause; however, such
  138  testimony is shall not be admissible in any trial or proceeding
  139  in which such witness testifies by use of closed circuit
  140  television pursuant to s. 92.54.
  141         (7) The court shall make specific findings of fact, on the
  142  record, as to the basis for its ruling under this section.
  143         Section 5. Section 92.54, Florida Statutes, is amended to
  144  read:
  145         92.54 Use of closed circuit television in proceedings
  146  involving a victim or witness victims or witnesses under the age
  147  of 16 or who has an intellectual disability persons with mental
  148  retardation.—
  149         (1) Upon motion and hearing in camera and upon a finding
  150  that there is a substantial likelihood that a victim or witness
  151  under the age of 16 or who has an intellectual disability the
  152  child or person with mental retardation will suffer at least
  153  moderate emotional or mental harm due to the presence of the
  154  defendant if such victim or witness the child or person with
  155  mental retardation is required to testify in open court, or that
  156  such victim or witness is unavailable as defined in s.
  157  90.804(1), the trial court may order that the testimony of the a
  158  child under the age of 16 or person with mental retardation who
  159  is a victim or witness be taken outside of the courtroom and
  160  shown by means of closed circuit television.
  161         (2) The motion may be filed by the victim or witness; the
  162  attorney, parent, legal guardian, or guardian ad litem of the
  163  victim or witness; the prosecutor; the defendant or the
  164  defendant’s counsel; or the trial judge on his or her own
  165  motion.
  166         (3) Only the judge, the prosecutor, the defendant, the
  167  attorney for the defendant, the operators of the videotape
  168  equipment, an interpreter, and some other person who, in the
  169  opinion of the court, contributes to the well-being of the child
  170  or the person who has an intellectual disability with mental
  171  retardation and who will not be a witness in the case may be in
  172  the room during the recording of the testimony.
  173         (4) During the victim’s or witness’s child’s or person’s
  174  with mental retardation testimony by closed circuit television,
  175  the court may require the defendant to view the testimony from
  176  the courtroom. In such a case, the court shall permit the
  177  defendant to observe and hear the testimony of the victim or
  178  witness child or person with mental retardation, but must shall
  179  ensure that the victim or witness child or person with mental
  180  retardation cannot hear or see the defendant. The defendant’s
  181  right to assistance of counsel, which includes the right to
  182  immediate and direct communication with counsel conducting
  183  cross-examination, must be protected and, upon the defendant’s
  184  request, such communication shall be provided by any appropriate
  185  electronic method.
  186         (5) The court shall make specific findings of fact, on the
  187  record, as to the basis for its ruling under this section.
  188         Section 6. Section 92.55, Florida Statutes, is amended to
  189  read:
  190         92.55 Judicial or other proceedings involving a victim or
  191  witness under the age of 16 or who has an intellectual
  192  disability person with mental retardation; special protections.—
  193         (1) Upon motion of any party, upon motion of a parent,
  194  guardian, attorney, or guardian ad litem for a victim or witness
  195  child under the age of 16 or who has an intellectual disability
  196  person with mental retardation, or upon its own motion, the
  197  court may enter any order necessary to protect such a child
  198  under the age of 16 or person with mental retardation who is a
  199  victim or witness in any judicial proceeding or other official
  200  proceeding from severe emotional or mental harm due to the
  201  presence of the defendant if the victim or witness child or
  202  person with mental retardation is required to testify in open
  203  court. Such orders must shall relate to the taking of testimony
  204  and shall include, but are not be limited to:
  205         (a) Interviewing or the taking of depositions as part of a
  206  civil or criminal proceeding.
  207         (b) Examination and cross-examination for the purpose of
  208  qualifying as a witness or testifying in any proceeding.
  209         (c) The use of testimony taken outside of the courtroom,
  210  including proceedings under ss. 92.53 and 92.54.
  211         (2) In ruling upon the motion, the court shall take into
  212  consideration:
  213         (a) The age of the child, the nature of the offense or act,
  214  the relationship of the child to the parties in the case or to
  215  the defendant in a criminal action, the degree of emotional
  216  trauma that will result to the child as a consequence of the
  217  defendant’s presence, and any other fact that the court deems
  218  relevant; or
  219         (b) The age of the person who has an intellectual
  220  disability with mental retardation, the functional capacity of
  221  such the person with mental retardation, the nature of the
  222  offenses or act, the relationship of the person with mental
  223  retardation to the parties in the case or to the defendant in a
  224  criminal action, the degree of emotional trauma that will result
  225  to the person with mental retardation as a consequence of the
  226  defendant’s presence, and any other fact that the court deems
  227  relevant.
  228         (3) In addition to such other relief as is provided by law,
  229  the court may enter orders limiting the number of times that a
  230  child or a person who has an intellectual disability with mental
  231  retardation may be interviewed, prohibiting depositions of such
  232  a child or person with mental retardation, requiring the
  233  submission of questions prior to examination of the a child or
  234  person with mental retardation, setting the place and conditions
  235  for interviewing the a child or person with mental retardation
  236  or for conducting any other proceeding, or permitting or
  237  prohibiting the attendance of any person at any proceeding. The
  238  court shall enter any order necessary to protect the rights of
  239  all parties, including the defendant in any criminal action.
  240         Section 7. Subsection (1) of section 320.10, Florida
  241  Statutes, is amended to read:
  242         320.10 Exemptions.—
  243         (1) The provisions of s. 320.08 do not apply to:
  244         (a) Any motor vehicle or mobile home owned by, and operated
  245  exclusively for the personal use of, any member of the United
  246  States Armed Forces who is not a resident of this state and who
  247  is stationed in the state while in compliance with military or
  248  naval orders;
  249         (b) Any motor vehicle owned or operated exclusively by the
  250  Federal Government;
  251         (c) Any motor vehicle owned and operated exclusively for
  252  the benefit of the Boys’ Clubs of America, the National Audubon
  253  Society, the National Children’s Cardiac Hospital, any humane
  254  society, any nationally chartered veterans’ organization that
  255  maintains a state headquarters in this state, the Children’s
  256  Bible Mission, the Boy Scouts of America, the Girl Scouts of
  257  America, the Salvation Army, the American National Red Cross,
  258  the United Service Organization, any local member unit of the
  259  National Urban League which provides free services to municipal
  260  and county residents who are in need of such services, the Young
  261  Men’s Christian Association, the Young Men’s Hebrew Association,
  262  the Camp Fire Girls’ Council, the Young Women’s Christian
  263  Association, the Young Women’s Hebrew Association, any local
  264  member unit of the Arc of Florida Association for Retarded
  265  Citizens, the Children’s Home Society of Florida, or the
  266  Goodwill Industries. A not-for-profit organization named in this
  267  paragraph and its local affiliate organizations is shall be
  268  eligible for the exemption if it for so long as each maintains
  269  current articles of incorporation on file with the Department of
  270  State and qualifies as a not-for-profit organization under s.
  271  212.08;
  272         (d) Any motor vehicle owned and operated by a church,
  273  temple, or synagogue for exclusive use as a community service
  274  van or to transport passengers without compensation to religious
  275  services or for religious education;
  276         (e) Any motor vehicle owned and operated by the Civil Air
  277  Patrol or the United States Coast Guard Auxiliary;
  278         (f) Any mobile blood bank unit when operated as a nonprofit
  279  service by an organization;
  280         (g) Any mobile X-ray unit or truck or bus used exclusively
  281  for public health purposes;
  282         (h) Any school bus owned and operated by a nonprofit
  283  educational or religious corporation;
  284         (i) Any vehicle used by any of the various search and
  285  rescue units of the several counties for exclusive use as a
  286  search and rescue vehicle; and
  287         (j) Any motor vehicle used by a community transportation
  288  coordinator or a transportation operator as defined in part I of
  289  chapter 427, and which is used exclusively to transport
  290  transportation disadvantaged persons.
  291         Section 8. Paragraph (d) of subsection (3) of section
  292  383.14, Florida Statutes, is amended to read:
  293         383.14 Screening for metabolic disorders, other hereditary
  294  and congenital disorders, and environmental risk factors.—
  295         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  296  shall administer and provide certain services to implement the
  297  provisions of this section and shall:
  298         (d) Maintain a confidential registry of cases, including
  299  information of importance for the purpose of followup services
  300  to prevent intellectual disabilities mental retardation, to
  301  correct or ameliorate physical disabilities handicaps, and for
  302  epidemiologic studies, if indicated. Such registry shall be
  303  exempt from the provisions of s. 119.07(1).
  304  
  305  All provisions of this subsection must be coordinated with the
  306  provisions and plans established under this chapter, chapter
  307  411, and Pub. L. No. 99-457.
  308         Section 9. Subsection (9) and subsections (20) through (31)
  309  of section 393.063, Florida Statutes, are reordered and amended
  310  to read:
  311         393.063 Definitions.—For the purposes of this chapter, the
  312  term:
  313         (9) “Developmental disability” means a disorder or syndrome
  314  that is attributable to intellectual disability retardation,
  315  cerebral palsy, autism, spina bifida, or Prader-Willi syndrome;
  316  that manifests before the age of 18; and that constitutes a
  317  substantial handicap that can reasonably be expected to continue
  318  indefinitely.
  319         (21)(20) “Intermediate care facility for the
  320  developmentally disabled” or “ICF/DD” means a residential
  321  facility licensed and certified under pursuant to part VIII of
  322  chapter 400.
  323         (22)(21) “Medical/dental services” means medically
  324  necessary services that which are provided or ordered for a
  325  client by a person licensed under chapter 458, chapter 459, or
  326  chapter 466. Such services may include, but are not limited to,
  327  prescription drugs, specialized therapies, nursing supervision,
  328  hospitalization, dietary services, prosthetic devices, surgery,
  329  specialized equipment and supplies, adaptive equipment, and
  330  other services as required to prevent or alleviate a medical or
  331  dental condition.
  332         (23)(22) “Personal care services” means individual
  333  assistance with or supervision of essential activities of daily
  334  living for self-care, including ambulation, bathing, dressing,
  335  eating, grooming, and toileting, and other similar services that
  336  are incidental to the care furnished and essential to the
  337  health, safety, and welfare of the client if when there is no
  338  one else is available to perform those services.
  339         (24)(23) “Prader-Willi syndrome” means an inherited
  340  condition typified by neonatal hypotonia with failure to thrive,
  341  hyperphagia or an excessive drive to eat which leads to obesity
  342  usually at 18 to 36 months of age, mild to moderate mental
  343  retardation, hypogonadism, short stature, mild facial
  344  dysmorphism, and a characteristic neurobehavior.
  345         (25)(24) “Relative” means an individual who is connected by
  346  affinity or consanguinity to the client and who is 18 years of
  347  age or older.
  348         (26)(25) “Resident” means a any person who has a with
  349  developmental disability and resides disabilities residing at a
  350  residential facility, whether or not such person is a client of
  351  the agency.
  352         (27)(26) “Residential facility” means a facility providing
  353  room and board and personal care for persons who have with
  354  developmental disabilities.
  355         (28)(27) “Residential habilitation” means supervision and
  356  training with the acquisition, retention, or improvement in
  357  skills related to activities of daily living, such as personal
  358  hygiene skills, homemaking skills, and the social and adaptive
  359  skills necessary to enable the individual to reside in the
  360  community.
  361         (29)(28) “Residential habilitation center” means a
  362  community residential facility licensed under this chapter which
  363  provides habilitation services. The capacity of such a facility
  364  may shall not be fewer than nine residents. After October 1,
  365  1989, new residential habilitation centers may not be licensed
  366  and the licensed capacity for any existing residential
  367  habilitation center may not be increased.
  368         (30)(29) “Respite service” means appropriate, short-term,
  369  temporary care that is provided to a person who has a with
  370  developmental disability in order disabilities to meet the
  371  planned or emergency needs of the person or the family or other
  372  direct service provider.
  373         (31)(30) “Restraint” means a physical device, method, or
  374  drug used to control dangerous behavior.
  375         (a) A physical restraint is any manual method or physical
  376  or mechanical device, material, or equipment attached or
  377  adjacent to an the individual’s body so that he or she cannot
  378  easily remove the restraint and which restricts freedom of
  379  movement or normal access to one’s body.
  380         (b) A drug used as a restraint is a medication used to
  381  control the person’s behavior or to restrict his or her freedom
  382  of movement and is not a standard treatment for the person’s
  383  medical or psychiatric condition. Physically holding a person
  384  during a procedure to forcibly administer psychotropic
  385  medication is a physical restraint.
  386         (c) Restraint does not include physical devices, such as
  387  orthopedically prescribed appliances, surgical dressings and
  388  bandages, supportive body bands, or other physical holding when
  389  necessary for routine physical examinations and tests; for
  390  purposes of orthopedic, surgical, or other similar medical
  391  treatment; when used to provide support for the achievement of
  392  functional body position or proper balance; or when used to
  393  protect a person from falling out of bed.
  394         (20)(31)Intellectual disability” “Retardation” means
  395  significantly subaverage general intellectual functioning
  396  existing concurrently with deficits in adaptive behavior which
  397  that manifests before the age of 18 and can reasonably be
  398  expected to continue indefinitely. For the purposes of this
  399  definition, the term:
  400         (a) “Adaptive behavior” means the effectiveness or degree
  401  with which an individual meets the standards of personal
  402  independence and social responsibility expected of his or her
  403  age, cultural group, and community.
  404         (b) “Significantly subaverage general intellectual
  405  functioning,for the purpose of this definition, means
  406  performance that which is two or more standard deviations from
  407  the mean score on a standardized intelligence test specified in
  408  the rules of the agency. “Adaptive behavior,” for the purpose of
  409  this definition, means the effectiveness or degree with which an
  410  individual meets the standards of personal independence and
  411  social responsibility expected of his or her age, cultural
  412  group, and community.
  413         Section 10. Subsection (1), paragraphs (c) and (d) of
  414  subsection (2), paragraphs (b) through (d) of subsection (3),
  415  paragraph (b) of subsection (4), paragraphs (b), (e), (f), and
  416  (g) of subsection (5), subsection (6), paragraph (d) of
  417  subsection (7), paragraph (b) of subsection (8), subsection
  418  (10), and paragraph (b) of subsection (12) of section 393.11,
  419  Florida Statutes, are amended to read:
  420         393.11 Involuntary admission to residential services.—
  421         (1) JURISDICTION.—If When a person has an intellectual
  422  disability is mentally retarded and requires involuntary
  423  admission to residential services provided by the agency, the
  424  circuit court of the county in which the person resides has
  425  shall have jurisdiction to conduct a hearing and enter an order
  426  involuntarily admitting the person in order for that the person
  427  to may receive the care, treatment, habilitation, and
  428  rehabilitation that which the person needs. For the purpose of
  429  identifying intellectual disability mental retardation,
  430  diagnostic capability shall be established by the agency. Except
  431  as otherwise specified, the proceedings under this section are
  432  shall be governed by the Florida Rules of Civil Procedure.
  433         (2) PETITION.—
  434         (c) The petition shall be verified and must shall:
  435         1. State the name, age, and present address of the
  436  commissioners and their relationship to the person who has an
  437  intellectual disability with mental retardation or autism;
  438         2. State the name, age, county of residence, and present
  439  address of the person who has an intellectual disability with
  440  mental retardation or autism;
  441         3. Allege that the commission believes that the person
  442  needs involuntary residential services and specify the factual
  443  information on which the belief is based;
  444         4. Allege that the person lacks sufficient capacity to give
  445  express and informed consent to a voluntary application for
  446  services and lacks the basic survival and self-care skills to
  447  provide for the person’s well-being or is likely to physically
  448  injure others if allowed to remain at liberty; and
  449         5. State which residential setting is the least restrictive
  450  and most appropriate alternative and specify the factual
  451  information on which the belief is based.
  452         (d) The petition shall be filed in the circuit court of the
  453  county in which the person who has the intellectual disability
  454  with mental retardation or autism resides.
  455         (3) NOTICE.—
  456         (b) If Whenever a motion or petition has been filed
  457  pursuant to s. 916.303 to dismiss criminal charges against a
  458  defendant who has an intellectual disability with retardation or
  459  autism, and a petition is filed to involuntarily admit the
  460  defendant to residential services under this section, the notice
  461  of the filing of the petition must shall also be given to the
  462  defendant’s attorney, the state attorney of the circuit from
  463  which the defendant was committed, and the agency.
  464         (c) The notice must shall state that a hearing shall be set
  465  to inquire into the need of the person who has an intellectual
  466  disability with mental retardation or autism for involuntary
  467  residential services. The notice must shall also state the date
  468  of the hearing on the petition.
  469         (d) The notice must shall state that the individual who has
  470  an intellectual disability with mental retardation or autism has
  471  the right to be represented by counsel of his or her own choice
  472  and that, if the person cannot afford an attorney, the court
  473  shall appoint one.
  474         (4) AGENCY PARTICIPATION.—
  475         (b) Following examination, the agency shall file a written
  476  report with the court at least not less than 10 working days
  477  before the date of the hearing. The report must be served on the
  478  petitioner, the person who has the intellectual disability with
  479  mental retardation, and the person’s attorney at the time the
  480  report is filed with the court.
  481         (5) EXAMINING COMMITTEE.—
  482         (b) The court shall appoint at least no fewer than three
  483  disinterested experts who have demonstrated to the court an
  484  expertise in the diagnosis, evaluation, and treatment of persons
  485  who have intellectual disabilities with mental retardation. The
  486  committee must include at least one licensed and qualified
  487  physician, one licensed and qualified psychologist, and one
  488  qualified professional who, at with a minimum, has of a masters
  489  degree in social work, special education, or vocational
  490  rehabilitation counseling, to examine the person and to testify
  491  at the hearing on the involuntary admission to residential
  492  services.
  493         (e) The committee shall prepare a written report for the
  494  court. The report must explicitly document the extent that the
  495  person meets the criteria for involuntary admission. The report,
  496  and expert testimony, must include, but not be limited to:
  497         1. The degree of the person’s intellectual disability
  498  mental retardation and whether, using diagnostic capabilities
  499  established by the agency, the person is eligible for agency
  500  services;
  501         2. Whether, because of the person’s degree of intellectual
  502  disability mental retardation, the person:
  503         a. Lacks sufficient capacity to give express and informed
  504  consent to a voluntary application for services pursuant to s.
  505  393.065;
  506         b. Lacks basic survival and self-care skills to such a
  507  degree that close supervision and habilitation in a residential
  508  setting is necessary and if not provided would result in a real
  509  and present threat of substantial harm to the person’s well
  510  being; or
  511         c. Is likely to physically injure others if allowed to
  512  remain at liberty.
  513         3. The purpose to be served by residential care;
  514         4. A recommendation on the type of residential placement
  515  which would be the most appropriate and least restrictive for
  516  the person; and
  517         5. The appropriate care, habilitation, and treatment.
  518         (f) The committee shall file the report with the court at
  519  least not less than 10 working days before the date of the
  520  hearing. The report must shall be served on the petitioner, the
  521  person who has the intellectual disability with mental
  522  retardation, the person’s attorney at the time the report is
  523  filed with the court, and the agency.
  524         (g) Members of the examining committee shall receive a
  525  reasonable fee to be determined by the court. The fees shall are
  526  to be paid from the general revenue fund of the county in which
  527  the person who has the intellectual disability with mental
  528  retardation resided when the petition was filed.
  529         (6) COUNSEL; GUARDIAN AD LITEM.—
  530         (a) The person who has the intellectual disability must
  531  with mental retardation shall be represented by counsel at all
  532  stages of the judicial proceeding. If In the event the person is
  533  indigent and cannot afford counsel, the court shall appoint a
  534  public defender at least not less than 20 working days before
  535  the scheduled hearing. The person’s counsel shall have full
  536  access to the records of the service provider and the agency. In
  537  all cases, the attorney shall represent the rights and legal
  538  interests of the person with mental retardation, regardless of
  539  who initiates may initiate the proceedings or pays pay the
  540  attorney’s fee.
  541         (b) If the attorney, during the course of his or her
  542  representation, reasonably believes that the person who has the
  543  intellectual disability with mental retardation cannot
  544  adequately act in his or her own interest, the attorney may seek
  545  the appointment of a guardian ad litem. A prior finding of
  546  incompetency is not required before a guardian ad litem is
  547  appointed pursuant to this section.
  548         (7) HEARING.—
  549         (d) The person who has the intellectual disability must
  550  with mental retardation shall be physically present throughout
  551  the entire proceeding. If the person’s attorney believes that
  552  the person’s presence at the hearing is not in his or her the
  553  person’s best interest, the person’s presence may be waived once
  554  the court has seen the person and the hearing has commenced.
  555         (8) ORDER.—
  556         (b) An order of involuntary admission to residential
  557  services may not be entered unless the court finds that:
  558         1. The person is intellectually disabled mentally retarded
  559  or autistic;
  560         2. Placement in a residential setting is the least
  561  restrictive and most appropriate alternative to meet the
  562  person’s needs; and
  563         3. Because of the person’s degree of intellectual
  564  disability mental retardation or autism, the person:
  565         a. Lacks sufficient capacity to give express and informed
  566  consent to a voluntary application for services pursuant to s.
  567  393.065 and lacks basic survival and self-care skills to such a
  568  degree that close supervision and habilitation in a residential
  569  setting is necessary and, if not provided, would result in a
  570  real and present threat of substantial harm to the person’s
  571  well-being; or
  572         b. Is likely to physically injure others if allowed to
  573  remain at liberty.
  574         (10) COMPETENCY.—
  575         (a) The issue of competency is shall be separate and
  576  distinct from a determination of the appropriateness of
  577  involuntary admission to residential services due to
  578  intellectual disability for a condition of mental retardation.
  579         (b) The issue of the competency of a person who has an
  580  intellectual disability with mental retardation for purposes of
  581  assigning guardianship shall be determined in a separate
  582  proceeding according to the procedures and requirements of
  583  chapter 744. The issue of the competency of a person who has an
  584  intellectual disability with mental retardation or autism for
  585  purposes of determining whether the person is competent to
  586  proceed in a criminal trial shall be determined in accordance
  587  with chapter 916.
  588         (12) APPEAL.—
  589         (b) The filing of an appeal by the person who has an
  590  intellectual disability stays with mental retardation shall stay
  591  admission of the person into residential care. The stay remains
  592  shall remain in effect during the pendency of all review
  593  proceedings in Florida courts until a mandate issues.
  594         Section 11. Subsection (18) of section 394.455, Florida
  595  Statutes, is amended to read:
  596         394.455 Definitions.—As used in this part, unless the
  597  context clearly requires otherwise, the term:
  598         (18) “Mental illness” means an impairment of the mental or
  599  emotional processes that exercise conscious control of one’s
  600  actions or of the ability to perceive or understand reality,
  601  which impairment substantially interferes with the a person’s
  602  ability to meet the ordinary demands of living, regardless of
  603  etiology. For the purposes of this part, the term does not
  604  include a retardation or developmental disability as defined in
  605  chapter 393, intoxication, or conditions manifested only by
  606  antisocial behavior or substance abuse impairment.
  607         Section 12. Subsections (3) through (13) of section
  608  400.960, Florida Statutes, are amended to read:
  609         400.960 Definitions.—As used in this part, the term:
  610         (3)“Autism” has the same meaning as in s. 393.063.
  611         (4)“Cerebral palsy” has the same meaning as in s. 393.063.
  612         (3)(5) “Client” means any person determined by the Agency
  613  for Persons with Disabilities to be eligible for developmental
  614  services.
  615         (4)(6)Developmentally disabled” “developmental
  616  disability” has the same meaning as “developmental disability”
  617  as that term is defined in s. 393.063.
  618         (5)(7) “Direct service provider” means a person 18 years of
  619  age or older who has direct contact with individuals who have
  620  with developmental disabilities and who is unrelated to such the
  621  individuals with developmental disabilities.
  622         (6)(8) “Intermediate care facility for the developmentally
  623  disabled” means a residential facility licensed and certified in
  624  accordance with state law, and certified by the Federal
  625  Government, pursuant to the Social Security Act, as a provider
  626  of Medicaid services to persons who have with developmental
  627  disabilities.
  628         (9)“Prader-Willi syndrome” has the same meaning as in s.
  629  393.063.
  630         (7)(10)(a) “Restraint” means a physical device, method, or
  631  drug used to control behavior.
  632         (a) A physical restraint is any manual method or physical
  633  or mechanical device, material, or equipment attached or
  634  adjacent to the individual’s body so that he or she cannot
  635  easily remove the restraint and which restricts freedom of
  636  movement or normal access to one’s body.
  637         (b) A drug used as a restraint is a medication used to
  638  control the person’s behavior or to restrict his or her freedom
  639  of movement. Physically holding a person during a procedure to
  640  forcibly administer psychotropic medication is a physical
  641  restraint.
  642         (c) Restraint does not include physical devices, such as
  643  orthopedically prescribed appliances, surgical dressings and
  644  bandages, supportive body bands, or other physical holding when
  645  necessary for routine physical examinations and tests; for
  646  purposes of orthopedic, surgical, or other similar medical
  647  treatment; when used to provide support for the achievement of
  648  functional body position or proper balance; or when used to
  649  protect a person from falling out of bed.
  650         (11) “Retardation” has the same meaning as in s. 393.063.
  651         (8)(12) “Seclusion” means the physical segregation of a
  652  person in any fashion or the involuntary isolation of a person
  653  in a room or area from which the person is prevented from
  654  leaving. The prevention may be by physical barrier or by a staff
  655  member who is acting in a manner, or who is physically situated,
  656  so as to prevent the person from leaving the room or area. For
  657  purposes of this part, the term does not mean isolation due to a
  658  person’s medical condition or symptoms.
  659         (13)“Spina bifida” has the same meaning as in s. 393.063.
  660         Section 13. Subsection (12) of section 408.032, Florida
  661  Statutes, is amended to read:
  662         408.032 Definitions relating to Health Facility and
  663  Services Development Act.—As used in ss. 408.031-408.045, the
  664  term:
  665         (12) “Intermediate care facility for the developmentally
  666  disabled” means a residential facility licensed under part VIII
  667  of chapter 400 chapter 393 and certified by the Federal
  668  Government pursuant to the Social Security Act as a provider of
  669  Medicaid services to persons who are mentally retarded or who
  670  have a related condition.
  671         Section 14. Subsection (17) of section 413.20, Florida
  672  Statutes, is amended to read:
  673         413.20 Definitions.—As used in this part, the term:
  674         (17) “Person who has a significant disability” means an
  675  individual who has a disability that is a severe physical or
  676  mental impairment that seriously limits one or more functional
  677  capacities, such as mobility, communication, self-care, self
  678  direction, interpersonal skills, work tolerance, or work skills,
  679  in terms of an employment outcome; whose vocational
  680  rehabilitation may be expected to require multiple vocational
  681  rehabilitation services over an extended period of time; and who
  682  has one or more physical or mental disabilities resulting from
  683  amputation, arthritis, autism, blindness, burn injury, cancer,
  684  cerebral palsy, cystic fibrosis, deafness, head injury, heart
  685  disease, hemiplegia, hemophilia, respiratory or pulmonary
  686  dysfunction, intellectual disability mental retardation, mental
  687  illness, multiple sclerosis, muscular dystrophy, musculoskeletal
  688  disorder, neurological disorder, including stroke and epilepsy,
  689  paraplegia, quadriplegia, or other spinal cord condition,
  690  sickle-cell anemia, specific learning disability, end-stage
  691  renal disease, or another disability or a combination of
  692  disabilities which that is determined, after an assessment for
  693  determining eligibility and vocational rehabilitation needs, to
  694  cause comparable substantial functional limitation.
  695         Section 15. Paragraph (a) of subsection (6) of section
  696  440.49, Florida Statutes, is amended to read:
  697         440.49 Limitation of liability for subsequent injury
  698  through Special Disability Trust Fund.—
  699         (6) EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.—
  700         (a) Reimbursement is not allowed under this section unless
  701  it is established that the employer knew of the preexisting
  702  permanent physical impairment before prior to the occurrence of
  703  the subsequent injury or occupational disease, and that the
  704  permanent physical impairment is one of the following:
  705         1. Epilepsy.
  706         2. Diabetes.
  707         3. Cardiac disease.
  708         4. Amputation of foot, leg, arm, or hand.
  709         5. Total loss of sight of one or both eyes or a partial
  710  loss of corrected vision of more than 75 percent bilaterally.
  711         6. Residual disability from poliomyelitis.
  712         7. Cerebral palsy.
  713         8. Multiple sclerosis.
  714         9. Parkinson’s disease.
  715         10. Meniscectomy.
  716         11. Patellectomy.
  717         12. Ruptured cruciate ligament.
  718         13. Hemophilia.
  719         14. Chronic osteomyelitis.
  720         15. Surgical or spontaneous fusion of a major weight
  721  bearing joint.
  722         16. Hyperinsulinism.
  723         17. Muscular dystrophy.
  724         18. Thrombophlebitis.
  725         19. Herniated intervertebral disk.
  726         20. Surgical removal of an intervertebral disk or spinal
  727  fusion.
  728         21. One or more back injuries or a disease process of the
  729  back resulting in disability over a total of 120 or more days,
  730  if substantiated by a doctor’s opinion that there was a
  731  preexisting impairment to the claimant’s back.
  732         22. Total deafness.
  733         23. Intellectual disability if Mental retardation, provided
  734  the employee’s intelligence quotient is such that she or he
  735  falls within the lowest 2 percentile of the general population.
  736  However, it shall not be necessary for the employer does not
  737  need to know the employee’s actual intelligence quotient or
  738  actual relative ranking in relation to the intelligence quotient
  739  of the general population.
  740         24. Any permanent physical condition that which, before
  741  prior to the industrial accident or occupational disease,
  742  constitutes a 20 percent 20-percent impairment of a member or of
  743  the body as a whole.
  744         25. Obesity if, provided the employee is 30 percent or more
  745  over the average weight designated for her or his height and age
  746  in the Table of Average Weight of Americans by Height and Age
  747  prepared by the Society of Actuaries using data from the 1979
  748  Build and Blood Pressure Study.
  749         26. Any permanent physical impairment as provided defined
  750  in s. 440.15(3) which is a result of a prior industrial accident
  751  with the same employer or the employer’s parent company,
  752  subsidiary, sister company, or affiliate located within the
  753  geographical boundaries of this state.
  754         Section 16. Paragraph (g) of subsection (1) of section
  755  499.0054, Florida Statutes, is amended to read:
  756         499.0054 Advertising and labeling of drugs, devices, and
  757  cosmetics; exemptions.—
  758         (1) It is a violation of the Florida Drug and Cosmetic Act
  759  to perform or cause the performance of any of the following
  760  acts:
  761         (g) The advertising of any drug or device represented to
  762  have any effect in any of the following conditions, disorders,
  763  diseases, or processes:
  764         1. Blood disorders.
  765         2. Bone or joint diseases.
  766         3. Kidney diseases or disorders.
  767         4. Cancer.
  768         5. Diabetes.
  769         6. Gall bladder diseases or disorders.
  770         7. Heart and vascular diseases.
  771         8. High blood pressure.
  772         9. Diseases or disorders of the ear or auditory apparatus,
  773  including hearing loss or deafness.
  774         10. Mental disease or intellectual disability mental
  775  retardation.
  776         11. Paralysis.
  777         12. Prostate gland disorders.
  778         13. Conditions of the scalp affecting hair loss.
  779         14. Baldness.
  780         15. Endocrine disorders.
  781         16. Sexual impotence.
  782         17. Tumors.
  783         18. Venereal diseases.
  784         19. Varicose ulcers.
  785         20. Breast enlargement.
  786         21. Purifying blood.
  787         22. Metabolic disorders.
  788         23. Immune system disorders or conditions affecting the
  789  immune system.
  790         24. Extension of life expectancy.
  791         25. Stress and tension.
  792         26. Brain stimulation or performance.
  793         27. The body’s natural defense mechanisms.
  794         28. Blood flow.
  795         29. Depression.
  796         30. Human immunodeficiency virus or acquired immune
  797  deficiency syndrome or related disorders or conditions.
  798         Section 17. Section 514.072, Florida Statutes, is amended
  799  to read:
  800         514.072 Certification of swimming instructors for people
  801  who have developmental disabilities required.—Any person working
  802  at a swimming pool who holds himself or herself out as a
  803  swimming instructor specializing in training people who have
  804  developmental disabilities, as defined in s. 393.063(10), may be
  805  certified by the Dan Marino Foundation, Inc., in addition to
  806  being certified under s. 514.071. The Dan Marino Foundation,
  807  Inc., must develop certification requirements and a training
  808  curriculum for swimming instructors for people who have
  809  developmental disabilities and must submit the certification
  810  requirements to the Department of Health for review by January
  811  1, 2007. A person certified under s. 514.071 before July 1,
  812  2007, must meet the additional certification requirements of
  813  this section before January 1, 2008. A person certified under s.
  814  514.071 on or after July 1, 2007, must meet the additional
  815  certification requirements of this section within 6 months after
  816  receiving certification under s. 514.071.
  817         Section 18. Section 627.6041, Florida Statutes, is amended
  818  to read:
  819         627.6041 Handicapped Children with disabilities;
  820  continuation of coverage.—
  821         (1) A hospital or medical expense insurance policy or
  822  health care services plan contract that is delivered or issued
  823  for delivery in this state and that provides that coverage of a
  824  dependent child terminates will terminate upon attainment of the
  825  limiting age for dependent children specified in the policy or
  826  contract must shall also provide in substance that attainment of
  827  the limiting age does not terminate the coverage of the child
  828  while the child continues to be both:
  829         (a)(1) Incapable of self-sustaining employment by reason of
  830  an intellectual or mental retardation or physical disability.
  831  handicap; and
  832         (b)(2) Chiefly dependent upon the policyholder or
  833  subscriber for support and maintenance.
  834         (2) If a claim is denied under a policy or contract for the
  835  stated reason that the child has attained the limiting age for
  836  dependent children specified in the policy or contract, the
  837  notice of denial must state that the policyholder has the burden
  838  of establishing that the child continues to meet the criteria
  839  specified in subsection subsections (1) and (2).
  840         Section 19. Section 627.6615, Florida Statutes, is amended
  841  to read:
  842         627.6615 Handicapped Children with disabilities;
  843  continuation of coverage under group policy.—
  844         (1) A group health insurance policy or health care services
  845  plan contract that is delivered or issued for delivery in this
  846  state and that provides that coverage of a dependent child of an
  847  employee or other member of the covered group terminates will
  848  terminate upon attainment of the limiting age for dependent
  849  children specified in the policy or contract must shall also
  850  provide in substance that attainment of the limiting age does
  851  not terminate the coverage of the child while the child
  852  continues to be both:
  853         (a)(1) Incapable of self-sustaining employment by reason of
  854  an intellectual mental retardation or physical disability.
  855  handicap; and
  856         (b)(2) Chiefly dependent upon the employee or member for
  857  support and maintenance.
  858         (2) If a claim is denied under a policy or contract for the
  859  stated reason that the child has attained the limiting age for
  860  dependent children specified in the policy or contract, the
  861  notice of denial must state that the certificateholder or
  862  subscriber has the burden of establishing that the child
  863  continues to meet the criteria specified in subsection
  864  subsections (1) and (2).
  865         Section 20. Subsection (29) of section 641.31, Florida
  866  Statutes, is amended to read:
  867         641.31 Health maintenance contracts.—
  868         (29) If a health maintenance contract provides that
  869  coverage of a dependent child of the subscriber terminates will
  870  terminate upon attainment of the limiting age for dependent
  871  children which is specified in the contract, the contract must
  872  also provide in substance that attainment of the limiting age
  873  does not terminate the coverage of the child while the child
  874  continues to be both:
  875         (a) Incapable of self-sustaining employment by reason of an
  876  intellectual mental retardation or physical disability.
  877  handicap, and
  878         (b) Chiefly dependent upon the employee or member for
  879  support and maintenance.
  880  
  881  If the claim is denied under a contract for the stated reason
  882  that the child has attained the limiting age for dependent
  883  children specified in the contract, the notice or denial must
  884  state that the subscriber has the burden of establishing that
  885  the child continues to meet the criteria specified in this
  886  subsection paragraphs (a) and (b).
  887         Section 21. Subsection (4) of section 650.05, Florida
  888  Statutes, is amended to read:
  889         650.05 Plans for coverage of employees of political
  890  subdivisions.—
  891         (4)(a) Notwithstanding any other provision of this chapter,
  892  effective January 1, 1972, all state political subdivisions
  893  receiving financial aid which that provide social security
  894  coverage for their employees pursuant to the provisions of this
  895  chapter and the provisions of the various retirement systems as
  896  authorized by law shall, in addition to other purposes, use
  897  utilize all grants-in-aid and other revenue received from the
  898  state to pay the employer’s share of social security cost.
  899         (b) The grants-in-aid and other revenue referred to in
  900  paragraph (a) specifically include, but are not limited to,
  901  minimum foundation program grants to public school districts and
  902  community colleges; gasoline, motor fuel, cigarette, racing, and
  903  insurance premium taxes distributed to political subdivisions;
  904  and amounts specifically appropriated as grants-in-aid for
  905  mental health, intellectual disabilities mental retardation, and
  906  mosquito control programs.
  907         Section 22. Subsection (1) of section 765.204, Florida
  908  Statutes, is amended to read:
  909         765.204 Capacity of principal; procedure.—
  910         (1) A principal is presumed to be capable of making health
  911  care decisions for herself or himself unless she or he is
  912  determined to be incapacitated. Incapacity may not be inferred
  913  from the person’s voluntary or involuntary hospitalization for
  914  mental illness or from her or his intellectual disability mental
  915  retardation.
  916         Section 23. Section 849.04, Florida Statutes, is amended to
  917  read:
  918         849.04 Permitting minors and persons under guardianship to
  919  gamble.—Whoever being The proprietor, owner, or keeper of any E.
  920  O., keno or pool table, or billiard table, wheel of fortune, or
  921  other game of chance, kept for the purpose of betting, who
  922  willfully and knowingly allows a any minor or any person who is
  923  mentally incompetent or under guardianship to play at such game
  924  or to bet on such game of chance; or whoever aids or abets or
  925  otherwise encourages such playing or betting of any money or
  926  other valuable thing upon the result of such game of chance by a
  927  any minor or any person who is mentally incompetent or under
  928  guardianship, commits shall be guilty of a felony of the third
  929  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  930  775.084. For the purpose of this section, the term aperson who
  931  is mentally incompetent personmeans a person is one who
  932  because of mental illness, intellectual disability mental
  933  retardation, senility, excessive use of drugs or alcohol, or
  934  other mental incapacity is incapable of either managing his or
  935  her property or caring for himself or herself or both.
  936         Section 24. Section 914.16, Florida Statutes, is amended to
  937  read:
  938         914.16 Child abuse and sexual abuse of victims under age 16
  939  or who has an intellectual disability persons with mental
  940  retardation; limits on interviews.—The chief judge of each
  941  judicial circuit, after consultation with the state attorney and
  942  the public defender for the judicial circuit, the appropriate
  943  chief law enforcement officer, and any other person deemed
  944  appropriate by the chief judge, shall provide by order
  945  reasonable limits on the number of interviews which that a
  946  victim of a violation of s. 794.011, s. 800.04, s. 827.03, or s.
  947  847.0135(5) who is under 16 years of age or a victim of a
  948  violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who
  949  has an intellectual disability is a person with mental
  950  retardation as defined in s. 393.063 must submit to for law
  951  enforcement or discovery purposes. The order shall, To the
  952  extent possible, the order must protect the victim from the
  953  psychological damage of repeated interrogations while preserving
  954  the rights of the public, the victim, and the person charged
  955  with the violation.
  956         Section 25. Section 914.17, Florida Statutes, is amended to
  957  read:
  958         914.17 Appointment of advocate for victims or witnesses who
  959  are minors or intellectually disabled persons with mental
  960  retardation.—
  961         (1) A guardian ad litem or other advocate shall be
  962  appointed by the court to represent a minor in any criminal
  963  proceeding if the minor is a victim of or witness to child abuse
  964  or neglect, or if the minor is a victim of a sexual offense, or
  965  a witness to a sexual offense committed against another minor.
  966  The court may appoint a guardian ad litem or other advocate in
  967  any other criminal proceeding in which a minor is involved as
  968  either a victim or a witness. The guardian ad litem or other
  969  advocate shall have full access to all evidence and reports
  970  introduced during the proceedings, may interview witnesses, may
  971  make recommendations to the court, shall be noticed and have the
  972  right to appear on behalf of the minor at all proceedings, and
  973  may request additional examinations by medical doctors,
  974  psychiatrists, or psychologists. It is the duty of The guardian
  975  ad litem or other advocate shall to perform the following
  976  services:
  977         (a) To Explain, in language understandable to the minor,
  978  all legal proceedings in which the minor is shall be involved;
  979         (b) To Act, as a friend of the court, to advise the judge,
  980  whenever appropriate, of the minor’s ability to understand and
  981  cooperate with any court proceeding; and
  982         (c) To Assist the minor and the minor’s family in coping
  983  with the emotional effects of the crime and subsequent criminal
  984  proceedings in which the minor is involved.
  985         (2) An advocate shall be appointed by the court to
  986  represent a person who has an intellectual disability with
  987  mental retardation as defined in s. 393.063 in any criminal
  988  proceeding if the person with mental retardation is a victim of
  989  or witness to abuse or neglect, or if the person with mental
  990  retardation is a victim of a sexual offense, or a witness to a
  991  sexual offense committed against a minor or person who has an
  992  intellectual disability with mental retardation. The court may
  993  appoint an advocate in any other criminal proceeding in which
  994  such a person with mental retardation is involved as either a
  995  victim or a witness. The advocate shall have full access to all
  996  evidence and reports introduced during the proceedings, may
  997  interview witnesses, may make recommendations to the court,
  998  shall be noticed and have the right to appear on behalf of the
  999  person with mental retardation at all proceedings, and may
 1000  request additional examinations by medical doctors,
 1001  psychiatrists, or psychologists. It is the duty of The advocate
 1002  shall to perform the following services:
 1003         (a) To Explain, in language understandable to the person
 1004  with mental retardation, all legal proceedings in which the
 1005  person is shall be involved;
 1006         (b) To Act, as a friend of the court, to advise the judge,
 1007  whenever appropriate, of the person’s person with mental
 1008  retardation’s ability to understand and cooperate with any court
 1009  proceedings; and
 1010         (c) To assist the person with mental retardation and the
 1011  person’s family in coping with the emotional effects of the
 1012  crime and subsequent criminal proceedings in which the person
 1013  with mental retardation is involved.
 1014         (3) Any person participating in a judicial proceeding as a
 1015  guardian ad litem or other advocate is shall be presumed prima
 1016  facie to be acting in good faith and in so doing is shall be
 1017  immune from any liability, civil or criminal, which that
 1018  otherwise might be incurred or imposed.
 1019         Section 26. Subsections (1), (2), and (3) of section
 1020  916.105, Florida Statutes, are amended to read:
 1021         916.105 Legislative intent.—
 1022         (1) It is the intent of the Legislature that the Department
 1023  of Children and Family Services and the Agency for Persons with
 1024  Disabilities, as appropriate, establish, locate, and maintain
 1025  separate and secure forensic facilities and programs for the
 1026  treatment or training of defendants who have been charged with a
 1027  felony and who have been found to be incompetent to proceed due
 1028  to their mental illness, intellectual disability mental
 1029  retardation, or autism, or who have been acquitted of a felony
 1030  by reason of insanity, and who, while still under the
 1031  jurisdiction of the committing court, are committed to the
 1032  department or agency under the provisions of this chapter. Such
 1033  facilities must shall be sufficient to accommodate the number of
 1034  defendants committed under the conditions noted above. Except
 1035  for those defendants found by the department or agency to be
 1036  appropriate for treatment or training in a civil facility or
 1037  program pursuant to subsection (3), forensic facilities must
 1038  shall be designed and administered so that ingress and egress,
 1039  together with other requirements of this chapter, may be
 1040  strictly controlled by staff responsible for security in order
 1041  to protect the defendant, facility personnel, other clients, and
 1042  citizens in adjacent communities.
 1043         (2) It is the intent of the Legislature that treatment or
 1044  training programs for defendants who are found to have mental
 1045  illness, intellectual disability mental retardation, or autism
 1046  and are involuntarily committed to the department or agency, and
 1047  who are still under the jurisdiction of the committing court, be
 1048  provided in a manner, subject to security requirements and other
 1049  mandates of this chapter, which ensures as to ensure the rights
 1050  of the defendants as provided in this chapter.
 1051         (3) It is the intent of the Legislature that evaluation and
 1052  services to defendants who have mental illness, intellectual
 1053  disability mental retardation, or autism be provided in
 1054  community settings, in community residential facilities, or in
 1055  civil facilities, whenever this is a feasible alternative to
 1056  treatment or training in a state forensic facility.
 1057         Section 27. Subsections (10) through (17) of section
 1058  916.106, Florida Statutes, are reordered and amended to read:
 1059         916.106 Definitions.—For the purposes of this chapter, the
 1060  term:
 1061         (10) “Forensic facility” means a separate and secure
 1062  facility established within the department or agency to serve
 1063  forensic clients. A separate and secure facility means a
 1064  security-grade building for the purpose of separately housing
 1065  persons who have mental illness from persons who have
 1066  intellectual disabilities with retardation or autism and
 1067  separately housing persons who have been involuntarily committed
 1068  pursuant to this chapter from nonforensic residents.
 1069         (11) “Incompetent to proceed” means unable to proceed at
 1070  any material stage of a criminal proceeding, which includes
 1071  shall include trial of the case, pretrial hearings involving
 1072  questions of fact on which the defendant might be expected to
 1073  testify, entry of a plea, proceedings for violation of probation
 1074  or violation of community control, sentencing, and hearings on
 1075  issues regarding a defendant’s failure to comply with court
 1076  orders or conditions or other matters in which the mental
 1077  competence of the defendant is necessary for a just resolution
 1078  of the issues being considered.
 1079         (12) “Institutional security personnel” means the staff of
 1080  forensic facilities who meet or exceed the requirements of s.
 1081  943.13 and who are responsible for providing security,
 1082  protecting clients and personnel, enforcing rules, preventing
 1083  and investigating unauthorized activities, and safeguarding the
 1084  interests of residents citizens in the surrounding communities.
 1085         (14)(13) “Mental illness” means an impairment of the
 1086  emotional processes that exercise conscious control of one’s
 1087  actions, or of the ability to perceive or understand reality,
 1088  which impairment substantially interferes with the a defendant’s
 1089  ability to meet the ordinary demands of living. For the purposes
 1090  of this chapter, the term does not apply to defendants who have
 1091  only an intellectual disability with only mental retardation or
 1092  autism and does not include intoxication or conditions
 1093  manifested only by antisocial behavior or substance abuse
 1094  impairment.
 1095         (15)(14) “Restraint” means a physical device, method, or
 1096  drug used to control dangerous behavior.
 1097         (a) A physical restraint is any manual method or physical
 1098  or mechanical device, material, or equipment attached or
 1099  adjacent to a person’s body so that he or she cannot easily
 1100  remove the restraint and that restricts freedom of movement or
 1101  normal access to one’s body.
 1102         (b) A drug used as a restraint is a medication used to
 1103  control the person’s behavior or to restrict his or her freedom
 1104  of movement and not part of the standard treatment regimen of
 1105  the person with a diagnosed mental illness who is a client of
 1106  the department. Physically holding a person during a procedure
 1107  to forcibly administer psychotropic medication is a physical
 1108  restraint.
 1109         (c) Restraint does not include physical devices, such as
 1110  orthopedically prescribed appliances, surgical dressings and
 1111  bandages, supportive body bands, or other physical holding when
 1112  necessary for routine physical examinations and tests; for
 1113  purposes of orthopedic, surgical, or other similar medical
 1114  treatment; when used to provide support for the achievement of
 1115  functional body position or proper balance; or when used to
 1116  protect a person from falling out of bed.
 1117         (13)(15)“Intellectual disability” “Retardation” has the
 1118  same meaning as in s. 393.063.
 1119         (16) “Seclusion” means the physical segregation of a person
 1120  in any fashion or the involuntary isolation of a person in a
 1121  room or area from which the person is prevented from leaving.
 1122  The prevention may be by physical barrier or by a staff member
 1123  who is acting in a manner, or who is physically situated, so as
 1124  to prevent the person from leaving the room or area. For
 1125  purposes of this chapter, the term does not mean isolation due
 1126  to a person’s medical condition or symptoms, the confinement in
 1127  a forensic facility to a bedroom or area during normal hours of
 1128  sleep when there is not an active order for seclusion, or during
 1129  an emergency such as a riot or hostage situation when clients
 1130  may be temporarily placed in their rooms for their own safety.
 1131         (17) “Social service professional” means a person whose
 1132  minimum qualifications include a bachelor’s degree and at least
 1133  2 years of social work, clinical practice, special education,
 1134  habilitation, or equivalent experience working directly with
 1135  persons who have intellectual disabilities with retardation,
 1136  autism, or other developmental disabilities.
 1137         Section 28. The Division of Statutory Revision is requested
 1138  to rename part III of chapter 916, Florida Statutes, consisting
 1139  of ss. 916.301-916.304, as “Forensic Services for Persons who
 1140  are Intellectually Disabled or Autistic.”
 1141         Section 29. Subsections (1) and (2) of section 916.301,
 1142  Florida Statutes, are amended to read:
 1143         916.301 Appointment of experts.—
 1144         (1) All evaluations ordered by the court under this part
 1145  must be conducted by qualified experts who have expertise in
 1146  evaluating persons who have an intellectual disability with
 1147  retardation or autism. The agency shall maintain and provide the
 1148  courts annually with a list of available retardation and autism
 1149  professionals who are appropriately licensed and qualified to
 1150  perform evaluations of defendants alleged to be incompetent to
 1151  proceed due to intellectual disability retardation or autism.
 1152  The courts may use professionals from this list when appointing
 1153  experts and ordering evaluations under this part.
 1154         (2) If a defendant’s suspected mental condition is
 1155  intellectual disability retardation or autism, the court shall
 1156  appoint the following:
 1157         (a) At least one, or at the request of any party, two
 1158  experts to evaluate whether the defendant meets the definition
 1159  of intellectual disability retardation or autism and, if so,
 1160  whether the defendant is competent to proceed; and
 1161         (b) A psychologist selected by the agency who is licensed
 1162  or authorized by law to practice in this state, with experience
 1163  in evaluating persons suspected of having an intellectual
 1164  disability retardation or autism, and a social service
 1165  professional, with experience in working with persons who have
 1166  an intellectual disability with retardation or autism.
 1167         1. The psychologist shall evaluate whether the defendant
 1168  meets the definition of intellectual disability retardation or
 1169  autism and, if so, whether the defendant is incompetent to
 1170  proceed due to intellectual disability retardation or autism.
 1171         2. The social service professional shall provide a social
 1172  and developmental history of the defendant.
 1173         Section 30. Subsections (1), (2), and (4) of section
 1174  916.3012, Florida Statutes, are amended to read:
 1175         916.3012 Mental competence to proceed.—
 1176         (1) A defendant whose suspected mental condition is
 1177  intellectual disability retardation or autism is incompetent to
 1178  proceed within the meaning of this chapter if the defendant does
 1179  not have sufficient present ability to consult with the
 1180  defendant’s lawyer with a reasonable degree of rational
 1181  understanding or if the defendant has no rational, as well as
 1182  factual, understanding of the proceedings against the defendant.
 1183         (2) Experts in intellectual disability retardation or
 1184  autism appointed pursuant to s. 916.301 shall first consider
 1185  whether the defendant meets the definition of intellectual
 1186  disability retardation or autism and, if so, consider the
 1187  factors related to the issue of whether the defendant meets the
 1188  criteria for competence to proceed as described in subsection
 1189  (1).
 1190         (4) If the experts should find that the defendant is
 1191  incompetent to proceed, the experts shall report on any
 1192  recommended training for the defendant to attain competence to
 1193  proceed. In considering the issues relating to training, the
 1194  examining experts shall specifically report on:
 1195         (a) The intellectual disability retardation or autism
 1196  causing the incompetence;
 1197         (b) The training appropriate for the intellectual
 1198  disability retardation or autism of the defendant and an
 1199  explanation of each of the possible training alternatives in
 1200  order of choices;
 1201         (c) The availability of acceptable training and, if
 1202  training is available in the community, the expert shall so
 1203  state in the report; and
 1204         (d) The likelihood of the defendant’s attaining competence
 1205  under the training recommended, an assessment of the probable
 1206  duration of the training required to restore competence, and the
 1207  probability that the defendant will attain competence to proceed
 1208  in the foreseeable future.
 1209         Section 31. Subsection (1), paragraphs (a) and (b) of
 1210  subsection (2), and paragraph (a) of subsection (3) of section
 1211  916.302, Florida Statutes, are amended to read:
 1212         916.302 Involuntary commitment of defendant determined to
 1213  be incompetent to proceed.—
 1214         (1) CRITERIA.—Every defendant who is charged with a felony
 1215  and who is adjudicated incompetent to proceed due to
 1216  intellectual disability retardation or autism may be
 1217  involuntarily committed for training upon a finding by the court
 1218  of clear and convincing evidence that:
 1219         (a) The defendant has an intellectual disability
 1220  retardation or autism;
 1221         (b) There is a substantial likelihood that in the near
 1222  future the defendant will inflict serious bodily harm on himself
 1223  or herself or another person, as evidenced by recent behavior
 1224  causing, attempting, or threatening such harm;
 1225         (c) All available, less restrictive alternatives, including
 1226  services provided in community residential facilities or other
 1227  community settings, which would offer an opportunity for
 1228  improvement of the condition have been judged to be
 1229  inappropriate; and
 1230         (d) There is a substantial probability that the
 1231  intellectual disability retardation or autism causing the
 1232  defendant’s incompetence will respond to training and the
 1233  defendant will regain competency to proceed in the reasonably
 1234  foreseeable future.
 1235         (2) ADMISSION TO A FACILITY.—
 1236         (a) A defendant who has been charged with a felony and who
 1237  is found to be incompetent to proceed due to intellectual
 1238  disability retardation or autism, and who meets the criteria for
 1239  involuntary commitment to the agency under the provisions of
 1240  this chapter, shall be committed to the agency, and the agency
 1241  shall retain and provide appropriate training for the defendant.
 1242  Within No later than 6 months after the date of admission or at
 1243  the end of any period of extended commitment or at any time the
 1244  administrator or designee determines shall have determined that
 1245  the defendant has regained competency to proceed or no longer
 1246  meets the criteria for continued commitment, the administrator
 1247  or designee shall file a report with the court pursuant to this
 1248  chapter and the applicable Florida Rules of Criminal Procedure.
 1249         (b) A defendant determined to be incompetent to proceed due
 1250  to intellectual disability retardation or autism may be ordered
 1251  by a circuit court into a forensic facility designated by the
 1252  agency for defendants who have an intellectual disability mental
 1253  retardation or autism.
 1254         (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.—
 1255         (a) If a defendant has both an intellectual disability
 1256  mental retardation or autism and has a mental illness,
 1257  evaluations must address which condition is primarily affecting
 1258  the defendant’s competency to proceed. Referral of the defendant
 1259  should be made to a civil or forensic facility most appropriate
 1260  to address the symptoms that are the cause of the defendant’s
 1261  incompetence.
 1262         Section 32. Subsection (1) of section 916.3025, Florida
 1263  Statutes, is amended to read:
 1264         916.3025 Jurisdiction of committing court.—
 1265         (1) The committing court shall retain jurisdiction in the
 1266  case of any defendant found to be incompetent to proceed due to
 1267  intellectual disability retardation or autism and ordered into a
 1268  forensic facility designated by the agency for defendants who
 1269  have intellectual disabilities mental retardation or autism. A
 1270  defendant may not be released except by the order of the
 1271  committing court. An administrative hearing examiner does not
 1272  have jurisdiction to determine issues of continuing commitment
 1273  or release of any defendant involuntarily committed pursuant to
 1274  this chapter.
 1275         Section 33. Section 916.303, Florida Statutes, is amended
 1276  to read:
 1277         916.303 Determination of incompetency due to retardation or
 1278  autism; dismissal of charges.—
 1279         (1) The charges against any defendant found to be
 1280  incompetent to proceed due to intellectual disability
 1281  retardation or autism shall be dismissed without prejudice to
 1282  the state if the defendant remains incompetent to proceed within
 1283  a reasonable time after such determination, not to exceed 2
 1284  years, unless the court in its order specifies its reasons for
 1285  believing that the defendant will become competent to proceed
 1286  within the foreseeable future and specifies the time within
 1287  which the defendant is expected to become competent to proceed.
 1288  The charges may be refiled by the state if the defendant is
 1289  declared competent to proceed in the future.
 1290         (2) If the charges are dismissed and if the defendant is
 1291  considered to lack sufficient capacity to give express and
 1292  informed consent to a voluntary application for services and
 1293  lacks the basic survival and self-care skills to provide for his
 1294  or her well-being or is likely to physically injure himself or
 1295  herself or others if allowed to remain at liberty, the agency,
 1296  the state attorney, or the defendant’s attorney shall apply to
 1297  the committing court to involuntarily admit the defendant to
 1298  residential services pursuant to s. 393.11.
 1299         (3) If the defendant is considered to need involuntary
 1300  residential services for reasons described in subsection (2)
 1301  and, further, there is a substantial likelihood that the
 1302  defendant will injure another person or continues to present a
 1303  danger of escape, and all available less restrictive
 1304  alternatives, including services in community residential
 1305  facilities or other community settings, which would offer an
 1306  opportunity for improvement of the condition have been judged to
 1307  be inappropriate, the agency, the state attorney, or the
 1308  defendant’s counsel may request the committing court to continue
 1309  the defendant’s placement in a secure facility pursuant to this
 1310  part. Any placement so continued under this subsection must be
 1311  reviewed by the court at least annually at a hearing. The annual
 1312  review and hearing must shall determine whether the defendant
 1313  continues to meet the criteria described in this subsection and,
 1314  if so, whether the defendant still requires involuntary
 1315  placement in a secure facility and whether the defendant is
 1316  receiving adequate care, treatment, habilitation, and
 1317  rehabilitation, including psychotropic medication and behavioral
 1318  programming. Notice of the annual review and review hearing
 1319  shall be given to the state attorney and the defendant’s
 1320  attorney. In no instance may A defendant’s placement in a secure
 1321  facility may not exceed the maximum sentence for the crime for
 1322  which the defendant was charged.
 1323         Section 34. Subsection (1) of section 916.304, Florida
 1324  Statutes, is amended to read:
 1325         916.304 Conditional release.—
 1326         (1) Except for an inmate currently serving a prison
 1327  sentence, the committing court may order a conditional release
 1328  of any defendant who has been found to be incompetent to proceed
 1329  due to intellectual disability retardation or autism, based on
 1330  an approved plan for providing community-based training. The
 1331  committing criminal court may order a conditional release of any
 1332  defendant to a civil facility in lieu of an involuntary
 1333  commitment to a forensic facility pursuant to s. 916.302. Upon a
 1334  recommendation that community-based training for the defendant
 1335  is appropriate, a written plan for community-based training,
 1336  including recommendations from qualified professionals, may be
 1337  filed with the court, with copies to all parties. Such a plan
 1338  may also be submitted by the defendant and filed with the court,
 1339  with copies to all parties. The plan must include:
 1340         (a) Special provisions for residential care and adequate
 1341  supervision of the defendant, including recommended location of
 1342  placement.
 1343         (b) Recommendations for auxiliary services such as
 1344  vocational training, psychological training, educational
 1345  services, leisure services, and special medical care.
 1346  
 1347  In its order of conditional release, the court shall specify the
 1348  conditions of release based upon the release plan and shall
 1349  direct the appropriate agencies or persons to submit periodic
 1350  reports to the courts regarding the defendant’s compliance with
 1351  the conditions of the release and progress in training, with
 1352  copies to all parties.
 1353         Section 35. Section 921.137, Florida Statutes, is amended
 1354  to read:
 1355         921.137 Imposition of the death sentence upon an
 1356  intellectually disabled a defendant with mental retardation
 1357  prohibited.—
 1358         (1) As used in this section, the term:
 1359         (a) “Adaptive behavior” means the effectiveness or degree
 1360  with which an individual meets the standards of personal
 1361  independence and social responsibility expected of his or her
 1362  age, cultural group, and community.
 1363         (b) “Intellectual disability” or “intellectually disabled”
 1364  “mental retardation” means significantly subaverage general
 1365  intellectual functioning existing concurrently with deficits in
 1366  adaptive behavior and manifested during the period from
 1367  conception to age 18. The term
 1368         (c) “Significantly subaverage general intellectual
 1369  functioning,for the purpose of this section, means performance
 1370  that is two or more standard deviations from the mean score on a
 1371  standardized intelligence test specified in the rules of the
 1372  Agency for Persons with Disabilities. The term “adaptive
 1373  behavior,” for the purpose of this definition, means the
 1374  effectiveness or degree with which an individual meets the
 1375  standards of personal independence and social responsibility
 1376  expected of his or her age, cultural group, and community. The
 1377  Agency for Persons with Disabilities shall adopt rules to
 1378  specify the standardized intelligence tests as provided in this
 1379  subsection.
 1380         (2) A sentence of death may not be imposed upon a defendant
 1381  convicted of a capital felony if it is determined in accordance
 1382  with this section that the defendant is intellectually disabled
 1383  has mental retardation.
 1384         (3) A defendant charged with a capital felony who intends
 1385  to raise intellectual disability mental retardation as a bar to
 1386  the death sentence must give notice of such intention in
 1387  accordance with the rules of court governing notices of intent
 1388  to offer expert testimony regarding mental health mitigation
 1389  during the penalty phase of a capital trial.
 1390         (4) After a defendant who has given notice of his or her
 1391  intention to raise intellectual disability mental retardation as
 1392  a bar to the death sentence is convicted of a capital felony and
 1393  an advisory jury has returned a recommended sentence of death,
 1394  the defendant may file a motion to determine whether the
 1395  defendant is intellectually disabled has mental retardation.
 1396  Upon receipt of the motion, the court shall appoint two experts
 1397  in the field of intellectual disabilities mental retardation who
 1398  shall evaluate the defendant and report their findings to the
 1399  court and all interested parties before prior to the final
 1400  sentencing hearing. Notwithstanding s. 921.141 or s. 921.142,
 1401  the final sentencing hearing shall be held without a jury. At
 1402  the final sentencing hearing, the court shall consider the
 1403  findings of the court-appointed experts and consider the
 1404  findings of any other expert which are is offered by the state
 1405  or the defense on the issue of whether the defendant has an
 1406  intellectual disability has mental retardation. If the court
 1407  finds, by clear and convincing evidence, that the defendant is
 1408  intellectually disabled has mental retardation as defined in
 1409  subsection (1), the court may not impose a sentence of death and
 1410  shall enter a written order that sets forth with specificity the
 1411  findings in support of the determination.
 1412         (5) If a defendant waives his or her right to a recommended
 1413  sentence by an advisory jury following a plea of guilt or nolo
 1414  contendere to a capital felony and adjudication of guilt by the
 1415  court, or following a jury finding of guilt of a capital felony,
 1416  upon acceptance of the waiver by the court, a defendant who has
 1417  given notice as required in subsection (3) may file a motion for
 1418  a determination of intellectual disability mental retardation.
 1419  Upon granting the motion, the court shall proceed as provided in
 1420  subsection (4).
 1421         (6) If, following a recommendation by an advisory jury that
 1422  the defendant be sentenced to life imprisonment, the state
 1423  intends to request the court to order that the defendant be
 1424  sentenced to death, the state must inform the defendant of such
 1425  request if the defendant has notified the court of his or her
 1426  intent to raise intellectual disability mental retardation as a
 1427  bar to the death sentence. After receipt of the notice from the
 1428  state, the defendant may file a motion requesting a
 1429  determination by the court of whether the defendant is
 1430  intellectually disabled has mental retardation. Upon granting
 1431  the motion, the court shall proceed as provided in subsection
 1432  (4).
 1433         (7) Pursuant to s. 924.07, the state may appeal, pursuant
 1434  to s. 924.07, a determination of intellectual disability mental
 1435  retardation made under subsection (4).
 1436         (8) This section does not apply to a defendant who was
 1437  sentenced to death before June 12, 2001 prior to the effective
 1438  date of this act.
 1439         Section 36. Paragraph (b) of subsection (2) of section
 1440  941.38, Florida Statutes, is amended to read:
 1441         941.38 Extradition of persons alleged to be of unsound
 1442  mind.—
 1443         (2) For the purpose of this section:
 1444         (b) A “mentally incompetent person” is one who because of
 1445  mental illness, intellectual disability mental retardation,
 1446  senility, excessive use of drugs or alcohol, or other mental
 1447  incapacity is incapable of either managing his or her property
 1448  or caring for himself or herself or both.
 1449         Section 37. Section 944.602, Florida Statutes, is amended
 1450  to read:
 1451         944.602 Agency notification before release of
 1452  intellectually disabled mentally retarded inmates.—Before the
 1453  release by parole, release by reason of gain-time allowances
 1454  provided for in s. 944.291, or expiration of sentence of any
 1455  inmate who has been diagnosed as having an intellectual
 1456  disability mentally retarded as defined in s. 393.063, the
 1457  Department of Corrections shall notify the Agency for Persons
 1458  with Disabilities in order that sufficient time be allowed to
 1459  notify the inmate or the inmate’s representative, in writing, at
 1460  least 7 days before prior to the inmate’s release, of available
 1461  community services.
 1462         Section 38. Subsection (2) of section 945.025, Florida
 1463  Statutes, is amended to read:
 1464         945.025 Jurisdiction of department.—
 1465         (2) In establishing, operating, and using utilizing these
 1466  facilities, the department shall attempt, whenever possible, to
 1467  avoid the placement of nondangerous offenders who have potential
 1468  for rehabilitation with repeat offenders or dangerous offenders.
 1469  Medical, mental, and psychological problems must shall be
 1470  diagnosed and treated whenever possible. The Department of
 1471  Children and Family Services and the Agency for Persons with
 1472  Disabilities shall cooperate to ensure the delivery of services
 1473  to persons under the custody or supervision of the department.
 1474  If When it is the intent of the department intends to transfer a
 1475  mentally ill or retarded prisoner who has a mental illness or
 1476  intellectual disability to the Department of Children and Family
 1477  Services or the Agency for Persons with Disabilities, an
 1478  involuntary commitment hearing shall be held in accordance with
 1479  according to the provisions of chapter 393 or chapter 394.
 1480         Section 39. Subsection (5) of section 945.12, Florida
 1481  Statutes, is amended to read:
 1482         945.12 Transfers for rehabilitative treatment.—
 1483         (5) When the department plans to release a mentally ill or
 1484  intellectually disabled retarded offender, an involuntary
 1485  commitment hearing shall be held as soon as possible before
 1486  prior to his or her release in accordance with, according to the
 1487  provisions of chapter 393 or chapter 394.
 1488         Section 40. Subsection (9) of section 945.42, Florida
 1489  Statutes, is amended to read:
 1490         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1491  945.40-945.49, the following terms shall have the meanings
 1492  ascribed to them, unless the context shall clearly indicate
 1493  otherwise:
 1494         (9) “Mentally ill” means an impairment of the mental or
 1495  emotional processes that, of the ability to exercise conscious
 1496  control of one’s actions, or of the ability to perceive or
 1497  understand reality, which impairment substantially interferes
 1498  with the a person’s ability to meet the ordinary demands of
 1499  living. However, regardless of etiology, except that, for the
 1500  purposes of transferring transfer of an inmate to a mental
 1501  health treatment facility, the term does not include a
 1502  retardation or developmental disability as defined in chapter
 1503  393, simple intoxication, or conditions manifested only by
 1504  antisocial behavior or substance abuse addiction. However, an
 1505  individual who is mentally retarded or developmentally disabled
 1506  may also have a mental illness.
 1507         Section 41. Section 947.185, Florida Statutes, is amended
 1508  to read:
 1509         947.185 Application for intellectual disability mental
 1510  retardation services as condition of parole.—The Parole
 1511  Commission may require as a condition of parole that any inmate
 1512  who has been diagnosed as having an intellectual disability
 1513  mentally retarded as defined in s. 393.063 shall, upon release,
 1514  apply for services from the Agency for Persons with
 1515  Disabilities.
 1516         Section 42. Subsection (4) of section 984.19, Florida
 1517  Statutes, is amended to read:
 1518         984.19 Medical screening and treatment of child;
 1519  examination of parent, guardian, or person requesting custody.—
 1520         (4) A judge may order that a child alleged to be or
 1521  adjudicated a child in need of services be treated by a licensed
 1522  health care professional. The judge may also order such child to
 1523  receive mental health or intellectual disability retardation
 1524  services from a psychiatrist, psychologist, or other appropriate
 1525  service provider. If it is necessary to place the child in a
 1526  residential facility for such services, then the procedures and
 1527  criteria established in s. 394.467 or chapter 393 shall be used,
 1528  as whichever is applicable. A child may be provided mental
 1529  health or retardation services in emergency situations, pursuant
 1530  to the procedures and criteria contained in s. 394.463(1) or
 1531  chapter 393, as whichever is applicable.
 1532         Section 43. Paragraph (a) of subsection (3) of section
 1533  985.14, Florida Statutes, is amended to read:
 1534         985.14 Intake and case management system.—
 1535         (3) The intake and case management system shall facilitate
 1536  consistency in the recommended placement of each child, and in
 1537  the assessment, classification, and placement process, with the
 1538  following purposes:
 1539         (a) An individualized, multidisciplinary assessment process
 1540  that identifies the priority needs of each individual child for
 1541  rehabilitation and treatment and identifies any needs of the
 1542  child’s parents or guardians for services that would enhance
 1543  their ability to provide adequate support, guidance, and
 1544  supervision for the child. This process begins shall begin with
 1545  the detention risk assessment instrument and decision, includes
 1546  shall include the intake preliminary screening and comprehensive
 1547  assessment for substance abuse treatment services, mental health
 1548  services, intellectual disability retardation services, literacy
 1549  services, and other educational and treatment services as
 1550  components, additional assessment of the child’s treatment
 1551  needs, and classification regarding the child’s risks to the
 1552  community and, for a serious or habitual delinquent child,
 1553  includes shall include the assessment for placement in a serious
 1554  or habitual delinquent children program under s. 985.47. The
 1555  completed multidisciplinary assessment process must shall result
 1556  in the predisposition report.
 1557         Section 44. Paragraph (g) of subsection (1) and subsection
 1558  (5) of section 985.145, Florida Statutes, is amended to read:
 1559         985.145 Responsibilities of juvenile probation officer
 1560  during intake; screenings and assessments.—
 1561         (1) The juvenile probation officer shall serve as the
 1562  primary case manager for the purpose of managing, coordinating,
 1563  and monitoring the services provided to the child. Each program
 1564  administrator within the Department of Children and Family
 1565  Services shall cooperate with the primary case manager in
 1566  carrying out the duties and responsibilities described in this
 1567  section. In addition to duties specified in other sections and
 1568  through departmental rules, the assigned juvenile probation
 1569  officer shall be responsible for the following:
 1570         (g) Comprehensive assessment.—The juvenile probation
 1571  officer, pursuant to uniform procedures established by the
 1572  department and upon determining that the report, affidavit, or
 1573  complaint is complete, shall:
 1574         1. Perform the preliminary screening and make referrals for
 1575  a comprehensive assessment regarding the child’s need for
 1576  substance abuse treatment services, mental health services,
 1577  intellectual disability retardation services, literacy services,
 1578  or other educational or treatment services.
 1579         2. If When indicated by the preliminary screening, provide
 1580  for a comprehensive assessment of the child and family for
 1581  substance abuse problems, using community-based licensed
 1582  programs with clinical expertise and experience in the
 1583  assessment of substance abuse problems.
 1584         3. If When indicated by the preliminary screening, provide
 1585  for a comprehensive assessment of the child and family for
 1586  mental health problems, using community-based psychologists,
 1587  psychiatrists, or other licensed mental health professionals who
 1588  have clinical expertise and experience in the assessment of
 1589  mental health problems.
 1590         (5) If the screening and assessment indicate that the
 1591  interests of the child and the public will be best served
 1592  thereby, the juvenile probation officer, with the approval of
 1593  the state attorney, may refer the child for care, diagnostic,
 1594  and evaluation services; substance abuse treatment services;
 1595  mental health services; intellectual disability retardation
 1596  services; a diversionary, arbitration, or mediation program;
 1597  community service work; or other programs or treatment services
 1598  voluntarily accepted by the child and the child’s parents or
 1599  legal guardian. If Whenever a child volunteers to participate in
 1600  any work program under this chapter or volunteers to work in a
 1601  specified state, county, municipal, or community service
 1602  organization supervised work program or to work for the victim,
 1603  the child is shall be considered an employee of the state for
 1604  the purposes of liability. In determining the child’s average
 1605  weekly wage, unless otherwise determined by a specific funding
 1606  program, all remuneration received from the employer is
 1607  considered a gratuity, and the child is not entitled to any
 1608  benefits otherwise payable under s. 440.15, regardless of
 1609  whether the child may be receiving wages and remuneration from
 1610  other employment with another employer and regardless of the
 1611  child’s future wage-earning capacity.
 1612         Section 45. Subsections (2) and (6) of section 985.18,
 1613  Florida Statutes, are amended to read:
 1614         985.18 Medical, psychiatric, psychological, substance
 1615  abuse, and educational examination and treatment.—
 1616         (2) If Whenever a child has been found to have committed a
 1617  delinquent act, or before such finding with the consent of any
 1618  parent or legal custodian of the child, the court may order the
 1619  child to be treated by a physician. The court may also order the
 1620  child to receive mental health, substance abuse, or intellectual
 1621  disability retardation services from a psychiatrist,
 1622  psychologist, or other appropriate service provider. If it is
 1623  necessary to place the child in a residential facility for such
 1624  services, the procedures and criteria established in chapter
 1625  393, chapter 394, or chapter 397, as whichever is applicable,
 1626  must shall be used. After a child has been adjudicated
 1627  delinquent, if an educational needs assessment by the district
 1628  school board or the Department of Children and Family Services
 1629  has been previously conducted, the court shall order the report
 1630  of such needs assessment included in the child’s court record in
 1631  lieu of a new assessment. For purposes of this section, an
 1632  educational needs assessment includes, but is not limited to,
 1633  reports of intelligence and achievement tests, screening for
 1634  learning and other disabilities and other handicaps, and
 1635  screening for the need for alternative education.
 1636         (6) A physician must shall be immediately notified by the
 1637  person taking the child into custody or the person having
 1638  custody if there are indications of physical injury or illness,
 1639  or the child shall be taken to the nearest available hospital
 1640  for emergency care. A child may be provided mental health,
 1641  substance abuse, or intellectual disability retardation
 1642  services, in emergency situations, pursuant to chapter 393,
 1643  chapter 394, or chapter 397, as whichever is applicable. After a
 1644  hearing, the court may order the custodial parent or parents,
 1645  guardian, or other custodian, if found able to do so, to
 1646  reimburse the county or state for the expense involved in such
 1647  emergency treatment or care.
 1648         Section 46. Paragraph (e) of subsection (1), subsections
 1649  (2) through (4), and paragraph (a) of subsection (6) of section
 1650  985.19, Florida Statutes, are amended to read:
 1651         985.19 Incompetency in juvenile delinquency cases.—
 1652         (1) If, at any time prior to or during a delinquency case,
 1653  the court has reason to believe that the child named in the
 1654  petition may be incompetent to proceed with the hearing, the
 1655  court on its own motion may, or on the motion of the child’s
 1656  attorney or state attorney must, stay all proceedings and order
 1657  an evaluation of the child’s mental condition.
 1658         (e) For incompetency evaluations related to intellectual
 1659  disability mental retardation or autism, the court shall order
 1660  the Agency for Persons with Disabilities to examine the child to
 1661  determine if the child meets the definition of “intellectual
 1662  disability” “retardation” or “autism” in s. 393.063 and, if so,
 1663  whether the child is competent to proceed with delinquency
 1664  proceedings.
 1665         (2) A child who is adjudicated incompetent to proceed, and
 1666  who has committed a delinquent act or violation of law, either
 1667  of which would be a felony if committed by an adult, must be
 1668  committed to the Department of Children and Family Services for
 1669  treatment or training. A child who has been adjudicated
 1670  incompetent to proceed because of age or immaturity, or for any
 1671  reason other than for mental illness, intellectual disability,
 1672  or retardation or autism, must not be committed to the
 1673  department or to the Department of Children and Family Services
 1674  for restoration-of-competency treatment or training services.
 1675  For purposes of this section, a child who has committed a
 1676  delinquent act or violation of law, either of which would be a
 1677  misdemeanor if committed by an adult, may not be committed to
 1678  the department or to the Department of Children and Family
 1679  Services for restoration-of-competency treatment or training
 1680  services.
 1681         (3) If the court finds that a child has mental illness,
 1682  intellectual disability mental retardation, or autism and
 1683  adjudicates the child incompetent to proceed, the court must
 1684  also determine whether the child meets the criteria for secure
 1685  placement. A child may be placed in a secure facility or program
 1686  if the court makes a finding by clear and convincing evidence
 1687  that:
 1688         (a) The child has mental illness, intellectual disability
 1689  mental retardation, or autism and because of the mental illness,
 1690  intellectual disability mental retardation, or autism:
 1691         1. The child is manifestly incapable of surviving with the
 1692  help of willing and responsible family or friends, including
 1693  available alternative services, and without treatment or
 1694  training the child is likely to either suffer from neglect or
 1695  refuse to care for self, and such neglect or refusal poses a
 1696  real and present threat of substantial harm to the child’s well
 1697  being; or
 1698         2. There is a substantial likelihood that in the near
 1699  future the child will inflict serious bodily harm on self or
 1700  others, as evidenced by recent behavior causing, attempting, or
 1701  threatening such harm; and
 1702         (b) All available less restrictive alternatives, including
 1703  treatment or training in community residential facilities or
 1704  community settings, which would offer an opportunity for
 1705  improvement of the child’s condition, are inappropriate.
 1706         (4) A child who is determined to have mental illness,
 1707  intellectual disability mental retardation, or autism, who has
 1708  been adjudicated incompetent to proceed, and who meets the
 1709  criteria set forth in subsection (3), must be committed to the
 1710  Department of Children and Family Services and receive treatment
 1711  or training in a secure facility or program that is the least
 1712  restrictive alternative consistent with public safety. Any
 1713  placement of a child to a secure residential program must be
 1714  separate from adult forensic programs. If the child attains
 1715  competency, then custody, case management, and supervision of
 1716  the child shall will be transferred to the department in order
 1717  to continue delinquency proceedings; however, the court retains
 1718  authority to order the Department of Children and Family
 1719  Services to provide continued treatment or training to maintain
 1720  competency.
 1721         (a) A child adjudicated incompetent due to intellectual
 1722  disability mental retardation or autism may be ordered into a
 1723  secure program or facility designated by the Department of
 1724  Children and Family Services for children who have intellectual
 1725  disabilities with mental retardation or autism.
 1726         (b) A child adjudicated incompetent due to mental illness
 1727  may be ordered into a secure program or facility designated by
 1728  the Department of Children and Family Services for children
 1729  having mental illnesses.
 1730         (c) If Whenever a child is placed in a secure residential
 1731  facility, the department shall will provide transportation to
 1732  the secure residential facility for admission and from the
 1733  secure residential facility upon discharge.
 1734         (d) The purpose of the treatment or training is the
 1735  restoration of the child’s competency to proceed.
 1736         (e) The service provider must file a written report with
 1737  the court pursuant to the applicable Florida Rules of Juvenile
 1738  Procedure within not later than 6 months after the date of
 1739  commitment, or at the end of any period of extended treatment or
 1740  training, and at any time the Department of Children and Family
 1741  Services, through its service provider, determines the child has
 1742  attained competency or no longer meets the criteria for secure
 1743  placement, or at such shorter intervals as ordered by the court.
 1744  A copy of a written report evaluating the child’s competency
 1745  must be filed by the provider with the court and with the state
 1746  attorney, the child’s attorney, the department, and the
 1747  Department of Children and Family Services.
 1748         (6)(a) If a child is determined to have mental illness,
 1749  intellectual disability mental retardation, or autism and is
 1750  found to be incompetent to proceed but does not meet the
 1751  criteria set forth in subsection (3), the court shall commit the
 1752  child to the Department of Children and Family Services and
 1753  shall order the Department of Children and Family Services to
 1754  provide appropriate treatment and training in the community. The
 1755  purpose of the treatment or training is the restoration of the
 1756  child’s competency to proceed.
 1757         Section 47. Section 985.195, Florida Statutes, is amended
 1758  to read:
 1759         985.195 Transfer to other treatment services.—Any child
 1760  committed to the department may be transferred to intellectual
 1761  disability retardation, mental health, or substance abuse
 1762  treatment facilities for diagnosis and evaluation pursuant to
 1763  chapter 393, chapter 394, or chapter 397, as whichever is
 1764  applicable, for up to a period not to exceed 90 days.
 1765         Section 48. Paragraph (b) of subsection (1) of section
 1766  985.61, Florida Statutes, is amended to read:
 1767         985.61 Early delinquency intervention program; criteria.—
 1768         (1) The Department of Juvenile Justice shall, contingent
 1769  upon specific appropriation and with the cooperation of local
 1770  law enforcement agencies, the judiciary, district school board
 1771  personnel, the office of the state attorney, the office of the
 1772  public defender, the Department of Children and Family Services,
 1773  and community service agencies that work with children,
 1774  establish an early delinquency intervention program, the
 1775  components of which shall include, but not be limited to:
 1776         (b) Treatment modalities, including substance abuse
 1777  treatment services, mental health services, and retardation
 1778  services for intellectual disabilities.
 1779         Section 49. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader