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A bill to be entitled

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An act relating to forensic services for persons who are

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retarded or autistic; amending s. 916.106, F.S.; revising

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definitions; redefining the terms "autism" and

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"retardation"; amending s. 916.301, F.S.; requiring the

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Agency for Persons with Disabilities to be notified and

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given an opportunity to be heard in any proceeding

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relating to the competency of a defendant to proceed;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (2) and (15) of section 916.106,

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Florida Statutes, are amended to read:

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     916.106  Definitions.--For the purposes of this chapter, the

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term:

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     (2) "Autism" means a pervasive, neurologically based

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developmental disability of extended duration which causes severe

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learning, communication, and behavior disorders, with age of

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onset during infancy or childhood. Individuals who have autism

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exhibit impairment in reciprocal social interaction, impairment

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in verbal and nonverbal communication and imaginative ability,

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and a markedly restricted repertoire of activities and interests

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has the same meaning as in s. 393.063.

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     (15) "Retardation" means significantly subaverage general

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intellectual functioning existing concurrently with deficits in

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adaptive behavior which manifests before the age of 18, and which

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can reasonably be expected to continue indefinitely. For the

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purpose of this definition:

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     (a) "Significantly subaverage general intellectual

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functioning" means performance that is two or more standard

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deviations from the mean score on a standardized intelligence

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test specified in rules of the agency.

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     (b) "Adaptive behavior" means the effectiveness or degree

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with which an individual meets the standards of personal

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independence and social responsibility expected of his or her

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age, cultural group, and community has the same meaning as in s.

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393.063.

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     Section 2.  Subsection (2) of section 916.301, Florida

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Statutes, is amended, and subsection (5) is added to that

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section, to read:

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     916.301  Appointment of experts.--

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     (2)  If a defendant's suspected mental condition is

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retardation or autism, the court shall appoint the following:

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     (a)  At least one, or at the request of any party, two

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experts to evaluate whether the defendant meets the definition of

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retardation or autism and, if so, whether the defendant is

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competent to proceed; and.

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     (b)  A psychologist selected by the agency who is licensed

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or authorized by law to practice in this state, with experience

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in evaluating persons suspected of having retardation or autism,

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and a social service professional, with experience in working

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with persons with retardation or autism.

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     1.  The psychologist shall evaluate whether the defendant

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meets the definition of retardation or autism and, if so, whether

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the defendant is incompetent to proceed due to retardation or

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autism.

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     2.  The social service professional shall provide a social

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and developmental history of the defendant.

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     (5) The agency shall be provided with notice and an

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opportunity to be heard in all proceedings where experts are

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appointed pursuant to this part, and in any other proceeding that

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relates to the competency of a defendant or former defendant

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under this part.

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     Section 3.  This act shall take effect July 1, 2008.