Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1600
       
       
       
       
       
       
                                Ì735792FÎ735792                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Health and Human Services
       (Farmer) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 29 and 30
    4  insert:
    5         (13) “Intellectual disability” means significantly
    6  subaverage general intellectual functioning existing
    7  concurrently with deficits in adaptive behavior which manifests
    8  before the age of 18, or significantly deficient adaptive
    9  functioning resulting from a traumatic brain injury, and which
   10  can reasonably be expected to continue indefinitely. For the
   11  purposes of this definition, the term:
   12         (a) “Adaptive behavior” means the effectiveness or degree
   13  with which an individual meets the standards of personal
   14  independence and social responsibility expected of his or her
   15  age, cultural group, and community.
   16         (b) “Significantly deficient adaptive functioning” means
   17  the extreme limitation of one, or marked limitation of two, of
   18  the following areas of mental functioning:
   19         1. Understanding, remembering, or applying information;
   20         2. Interacting with others;
   21         3. Concentrating, persisting, or maintaining pace; or
   22         4. Adapting or managing oneself.
   23         (c) “Significantly subaverage general intellectual
   24  functioning” means performance that is two or more standard
   25  deviations from the mean score on a standardized intelligence
   26  test specified in the rules of the agency.
   27         (d) “Traumatic brain injury” means a disruption in the
   28  normal function of the brain which can be caused by a bump,
   29  blow, or jolt to the head or a penetrating head injury has the
   30  same meaning as in s. 393.063.
   31         Section 2. Subsection (4) is added to section 916.303,
   32  Florida Statutes, to read:
   33         916.303 Determination of incompetency; dismissal of
   34  charges.—
   35         (4) If the charges are dismissed and the defendant has been
   36  found incompetent to proceed due to an intellectual disability
   37  caused by a traumatic brain injury, the agency must assist the
   38  defendant with application to the long-term care managed care
   39  program described in ss. 409.978-409.985.
   40  
   41  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   42  And the directory clause is amended as follows:
   43         Delete lines 15 - 16
   44  and insert:
   45         Section 1. Subsections (10) and (13) of section 916.106,
   46  Florida Statutes, are amended to read:
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete line 5
   51  and insert:
   52         facility”; redefining the term “intellectual
   53         disability” as it relates to defendants who have been
   54         found to be incompetent to proceed by adding the terms
   55         “significantly deficient adaptive functioning” and
   56         “traumatic brain injury”; amending s. 916.303, F.S.;
   57         requiring the Agency for Persons with Disabilities to
   58         assist certain defendants found incompetent to proceed
   59         with application to the long-term care managed care
   60         program; amending s. 916.13, F.S.; providing that a