Jeb Bush Signs Bill Barring Executing the Retarded 

By THE NEW YORK TIMES TALLAHASSEE, Fla., June 12 - 

Joining a rising number of states that prohibit the execution of individuals who are mentally retarded, Gov. Jeb Bush extended the ban to Florida today under a bill he signed into law

 "This legislation will provide much-needed protection for the mentally retarded in the judicial process," Mr. Bush said after signing the measure

  His action makes Florida the 15th state, along with the federal government, to ban the execution of prisoners who are mentally retarded, according to the Death Penalty Information Center in Washington.    "This is a trend that is developing around the country," said Richard Dieter, the center's executive director. "States, I think, are responding to a public consciousness that this is not something we ought to be involved in. Polls indicate that."   The states that have banned such executions are Arizona, Arkansas, Colorado, Georgia, Indiana, Kansas, Kentucky, Maryland, Nebraska, New Mexico, New York, South Dakota, Tennessee and Washington

Similar legislation is awaiting approval from governors in Connecticut, Missouri and Texas, Mr. Dieter said.    In Florida, Governor Bush intervened to salvage the legislation when it stalled in the House of Representatives in the waning days of the annual legislative session, which ended on May 4. The bill had passed the Senate unanimously in March. After Mr. Bush talked to Speaker Tom Feeney, a Republican, the House took up the bill and approved it, 110 to 1, on the session's final day

  The Florida law does not set an I.Q. level for a person to qualify as retarded. It outlines criteria for evaluating a defendant, including having exhibited a low intellect and behavior problems before age 18

  The provision would be used only after a prisoner is tried and convicted and the jury recommends the death penalty. The trial judge would appoint two mental health experts to evaluate the prisoner and then hold a hearing. The law does not apply to 371 inmates now on death row