Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1854
       
       
       
       
       
       
                                Ì1790928Î179092                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2021           .                                
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       The Committee on Children, Families, and Elder Affairs (Farmer)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (13) of section 916.106, Florida
    6  Statutes, is amended to read:
    7         916.106 Definitions.—
    8         (13) “Intellectual disability” means significantly
    9  subaverage general intellectual functioning existing
   10  concurrently with deficits in adaptive behavior which manifests
   11  before the age of 18, or significantly deficient adaptive
   12  functioning resulting from a traumatic brain injury, which can
   13  reasonably be expected to continue indefinitely. For the
   14  purposes of this definition, the term:
   15         (a) “Adaptive behavior” means the effectiveness or degree
   16  with which an individual meets the standards of personal
   17  independence and social responsibility expected of his or her
   18  age, cultural group, and community.
   19         (b) “Significantly deficient in adaptive functioning” means
   20  the extreme limitation of one, or marked limitation of two, of
   21  the following areas of mental functioning:
   22         1. Understand, remember, or apply information;
   23         2. Interact with others;
   24         3. Concentrate, persist, or maintain pace; or
   25         4. Adapt or manage oneself.  
   26         (c) “Significantly subaverage general intellectual
   27  functioning” means performance that is two or more standard
   28  deviations from the mean score on a standardized intelligence
   29  test specified in the rules of the agency.
   30         (d) “Traumatic brain injury” means a disruption in the
   31  normal function of the brain which can be caused by a bump,
   32  blow, or jolt to the head or a penetrating head injury has the
   33  same meaning as in s. 393.063.
   34         Section 2. Section 916.303, Florida Statutes, is amended to
   35  read:
   36         916.303 Determination of incompetency; dismissal of
   37  charges.—
   38         (4) If the charges are dismissed and the defendant has been
   39  found incompetent to proceed due to an intellectual disability
   40  caused by a traumatic brain injury, the agency must assist the
   41  defendant with application to the long-term managed care program
   42  described in ss. 409.978-409.985.
   43         Section 3. This act shall take effect July 1, 2021.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete everything before the enacting clause
   47  and insert:
   48                        A bill to be entitled                      
   49         An act relating to defendants with a traumatic brain
   50         injury; revising the definition of the term
   51         “intellectual disability” as it relates to defendants
   52         found incompetent to proceed; adding the terms
   53         “significantly deficient in adaptive functioning” and
   54         “traumatic brain injury” to the current definition of
   55         “intellectual disability”; requiring the Agency for
   56         Persons with Disabilities to assist certain defendants
   57         found incompetent to proceed with application to the
   58         long-term care managed care program; providing an
   59         effective date.