Florida Senate - 2022                                     SB 218
       By Senator Farmer
       34-00141-22                                            2022218__
    1                        A bill to be entitled                      
    2         An act relating to defendants with a traumatic brain
    3         injury; amending s. 916.106, F.S.; redefining the term
    4         “intellectual disability” as it relates to defendants
    5         who have been found to be incompetent to proceed by
    6         adding the terms “significantly deficient in adaptive
    7         functioning” and “traumatic brain injury”; amending s.
    8         916.303, F.S.; requiring the Agency for Persons with
    9         Disabilities to assist certain defendants found
   10         incompetent to proceed with application to the long
   11         term care managed care program; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (13) of section 916.106, Florida
   17  Statutes, is amended to read:
   18         916.106 Definitions.—For the purposes of this chapter, the
   19  term:
   20         (13) “Intellectual disability” means significantly
   21  subaverage general intellectual functioning existing
   22  concurrently with deficits in adaptive behavior which manifests
   23  before the age of 18, or significantly deficient in adaptive
   24  functioning resulting from a traumatic brain injury, and which
   25  can reasonably be expected to continue indefinitely. For the
   26  purposes of this definition, the term:
   27         (a) “Adaptive behavior” means the effectiveness or degree
   28  with which an individual meets the standards of personal
   29  independence and social responsibility expected of his or her
   30  age, cultural group, and community.
   31         (b) “Significantly deficient in adaptive functioning means
   32  the extreme limitation of one, or marked limitation of two, of
   33  the following areas of mental functioning:
   34         1. Understanding, remembering, or applying information;
   35         2. Interacting with others;
   36         3. Concentrating, persisting, or maintaining pace; or
   37         4. Adapting or managing oneself.
   38         (c) “Significantly subaverage general intellectual
   39  functioning” means performance that is two or more standard
   40  deviations from the mean score on a standardized intelligence
   41  test specified in the rules of the agency.
   42         (d)“Traumatic brain injury” means a disruption in the
   43  normal function of the brain which can be caused by a bump,
   44  blow, or jolt to the head or a penetrating head injury has the
   45  same meaning as in s. 393.063.
   46         Section 2. Subsection (4) is added to section 916.303,
   47  Florida Statutes, to read:
   48         916.303 Determination of incompetency; dismissal of
   49  charges.—
   50         (4)If the charges are dismissed and the defendant has been
   51  found incompetent to proceed due to an intellectual disability
   52  caused by a traumatic brain injury, the agency must assist the
   53  defendant with application to the long-term care managed care
   54  program described in ss. 409.978-409.985.
   55         Section 3. This act shall take effect July 1, 2022.