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