Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 936 Ì609018+Î609018 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/03/2016 12:17 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Sobel moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 25 - 61 4 and insert: 5 Section 1. The amendments made by this act to s. 943.0439, 6 Florida Statutes, may be cited as “The Wes Kleinert Fair 7 Interview Act.” 8 Section 2. Effective October 1, 2016, paragraph (c) is 9 added to subsection (8) of section 322.051, Florida Statutes, to 10 read: 11 322.051 Identification cards.— 12 (8) 13 (c)1. Upon request by a person who has a developmental 14 disability, or by a parent or guardian of a child or ward who 15 has a developmental disability, the department shall issue an 16 identification card exhibiting a capital “D” for the person, 17 child, or ward if the person or the parent or guardian of the 18 child or ward submits: 19 a. Payment of an additional $1 fee; and 20 b. Proof acceptable to the department of a diagnosis by a 21 licensed physician of a developmental disability as defined in 22 s. 393.063. 23 2. The department shall deposit the additional $1 fee into 24 the Agency for Persons with Disabilities Operations and 25 Maintenance Trust Fund under s. 20.1971(2). 26 3. A replacement identification card that includes the 27 designation may be issued without payment of the fee required 28 under s. 322.21(1)(f). 29 4. The department shall develop rules to facilitate the 30 issuance, requirements, and oversight of developmental 31 disability identification cards under this section. 32 Section 3. Effective October 1, 2016, the amendments made 33 by this act to s. 322.051, Florida Statutes, shall apply upon 34 implementation of new designs for the driver license and 35 identification card by the Department of Highway Safety and 36 Motor Vehicles. 37 Section 4. Section 943.0439, Florida Statutes, is created 38 to read: 39 943.0439 Interviews of victims, suspects, or defendants 40 with autism or an autism spectrum disorder.—A law enforcement 41 officer, a correctional officer, or another public safety 42 official shall, upon the request of an individual diagnosed with 43 autism or an autism spectrum disorder or his or her parent or 44 guardian, make a good faith effort to ensure that a 45 psychiatrist, psychologist, mental health counselor, special 46 education instructor, clinical social worker, or related 47 professional is present at all interviews of the individual. The 48 professional must have experience treating, teaching, or 49 assisting patients or clients who have been diagnosed with 50 autism or an autism spectrum disorder or related developmental 51 disability or must be certified in special education with a 52 concentration focused on persons with autism or an autism 53 spectrum disorder. All expenses related to the attendance of the 54 professional at interviews shall be borne by the requesting 55 parent, guardian, or individual. If the individual is a victim, 56 the defendant shall reimburse the victim for all expenses 57 related to the attendance of the professional at the interview, 58 in addition to other restitution or penalties provided by law, 59 upon conviction of the offense of which the individual is a 60 victim. Failure to have a professional as defined by this 61 subsection present at the time of the interview is not a basis 62 for suppression of the statement or the contents of the 63 interview or for a cause of action against the law enforcement 64 officer or agency. This subsection applies to such an individual 65 who is the victim, a suspect, or a defendant formally accused of 66 a crime. 67 (2) Each law enforcement agency must ensure that 68 appropriate policies are developed which implement this section 69 and that training is provided to its law enforcement and 70 correctional officers based on those policies. 71 Section 5. Except as otherwise expressly provided in this 72 act, this act shall take effect July 1, 2016. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete lines 2 - 21 77 and insert: 78 An act relating to persons with disabilities; 79 providing a short title; amending s. 322.051, F.S.; 80 requiring the Department of Highway Safety and Motor 81 Vehicles to issue an identification card exhibiting a 82 special designation for a person who has a 83 developmental disability under certain circumstances; 84 requiring payment of an additional fee and proof of 85 diagnosis by a licensed physician; requiring the fee 86 to be deposited into the Agency for Persons with 87 Disabilities Operations and Maintenance Trust Fund; 88 authorizing issuance of a replacement identification 89 card that includes the special designation without 90 payment of a specified fee; requiring the department 91 to develop rules to facilitate the issuance, 92 requirements, and oversight of developmental 93 disability identification cards; providing 94 applicability; creating s. 943.0439, F.S.; requiring a 95 law enforcement officer, correctional officer, or 96 another public safety official to make a good faith 97 effort, upon the request of a parent, a guardian, or 98 the individual, to ensure that specified professionals 99 are present at all interviews of an individual 100 diagnosed with autism or an autism spectrum disorder; 101 providing specifications for the professional; 102 specifying that the parent, guardian, or individual 103 bears the expense of hiring the professional; 104 requiring a convicted defendant to pay for the 105 professional under certain circumstances; specifying 106 that not having a professional present is not a basis 107 for suppressing statements or for bringing a cause of 108 action; providing applicability; requiring law 109 enforcement agencies to develop and implement 110 appropriate policies and provide training; providing 111 effective dates.