Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1600
       
       
       
       
       
       
                                Ì118168BÎ118168                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/16/2022           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Farmer) recommended the following:
       
    1         Senate Amendment to Amendment (774274) (with title
    2  amendment)
    3  
    4         Between lines 15 and 16
    5  insert:
    6         (13) “Intellectual disability” means significantly
    7  subaverage general intellectual functioning existing
    8  concurrently with deficits in adaptive behavior which manifests
    9  before the age of 18, or significantly deficient adaptive
   10  functioning resulting from a traumatic brain injury, and which
   11  can reasonably be expected to continue indefinitely. For the
   12  purposes of this definition, the term:
   13         (a) “Adaptive behavior” means the effectiveness or degree
   14  with which an individual meets the standards of personal
   15  independence and social responsibility expected of his or her
   16  age, cultural group, and community.
   17         (b) “Significantly deficient adaptive functioning” means
   18  the extreme limitation of one, or marked limitation of two, of
   19  the following areas of mental functioning:
   20         1. Understanding, remembering, or applying information;
   21         2. Interacting with others;
   22         3. Concentrating, persisting, or maintaining pace; or
   23         4. Adapting or managing oneself.
   24         (c) “Significantly subaverage general intellectual
   25  functioning” means performance that is two or more standard
   26  deviations from the mean score on a standardized intelligence
   27  test specified in the rules of the agency.
   28         (d) “Traumatic brain injury” means a disruption in the
   29  normal function of the brain which can be caused by a bump,
   30  blow, or jolt to the head or a penetrating head injury has the
   31  same meaning as in s. 393.063.
   32         Section 2. Subsection (4) is added to section 916.303,
   33  Florida Statutes, to read:
   34         916.303 Determination of incompetency; dismissal of
   35  charges.—
   36         (4) If the charges are dismissed and the defendant has been
   37  found incompetent to proceed due to an intellectual disability
   38  caused by a traumatic brain injury, the agency must assist the
   39  defendant with application to the long-term care managed care
   40  program described in ss. 409.978-409.985.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete line 35
   45  and insert:
   46         facility”; redefining the term “intellectual
   47         disability” as it relates to defendants who have been
   48         found to be incompetent to proceed by adding the terms
   49         “significantly deficient adaptive functioning” and
   50         “traumatic brain injury”; amending s. 916.303, F.S.;
   51         requiring the Agency for Persons with Disabilities to
   52         assist certain defendants found incompetent to proceed
   53         with application to the long-term care managed care
   54         program; amending s. 916.13, F.S.; providing that