Florida 2022 Regular Session

Florida House Bill H1273 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1273 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to defendants with a traumatic brain 2
16	16	injury; amending s. 916.106, F.S.; redefining the term 3
17	17	"intellectual disability" as it relates to defendants 4
18	18	who have been found to be incompetent to proceed by 5
19	19	adding the terms "significantly deficient in adaptive 6
20	20	functioning" and "traumatic brain injury"; amending s. 7
21	21	916.303, F.S.; requiring the Agency for P ersons with 8
22	22	Disabilities to assist certain defendants found 9
23	23	incompetent to proceed with application to the long -10
24	24	term care managed care program; providing an effective 11
25	25	date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Subsection (13) of section 916.106, Florida 16
30	30	Statutes, is amended to read: 17
31	31	916.106 Definitions. —For the purposes of this chapter, the 18
32	32	term: 19
33	33	(13) "Intellectual disability" means significantly 20
34	34	subaverage general intellectual functioning existing 21
35	35	concurrently with deficits in adaptive behavior which manifests 22
36	36	before the age of 18, or significantly deficient in adaptive 23
37	37	functioning resulting from a traumatic brain injury, and which 24
38	38	can reasonably be expected to continue indefinitely. For the 25
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40	40	HB 1273 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	purposes of this def inition, the term: 26
52	52	(a) "Adaptive behavior" means the effectiveness or degree 27
53	53	with which an individual meets the standards of personal 28
54	54	independence and social responsibility expected of his or her 29
55	55	age, cultural group, and community. 30
56	56	(b) "Significantly d eficient in adaptive functioning" 31
57	57	means the extreme limitation of one, or marked limitation of 32
58	58	two, of the following areas of mental functioning: 33
59	59	1. Understanding, remembering, or applying information; 34
60	60	2. Interacting with others; 35
61	61	3. Concentrating, pe rsisting, or maintaining pace; or 36
62	62	4. Adapting or managing oneself. 37
63	63	(c) "Significantly subaverage general intellectual 38
64	64	functioning" means performance that is two or more standard 39
65	65	deviations from the mean score on a standardized intelligence 40
66	66	test specified in the rules of the agency. 41
67	67	(d) "Traumatic brain injury" means a disruption in the 42
68	68	normal function of the brain which can be caused by a bump, 43
69	69	blow, or jolt to the head or a penetrating head injury has the 44
70	70	same meaning as in s. 393.063 . 45
71	71	Section 2. Subsection (4) is added to section 916.303, 46
72	72	Florida Statutes, to read: 47
73	73	916.303 Determination of incompetency; dismissal of 48
74	74	charges.— 49
75	75	(4) If the charges are dismissed and the defendant has 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	been found incompetent to proceed due to an intellectual 51
89	89	disability caused by a traumatic brain injury, the agency must 52
90	90	assist the defendant with application to the long -term care 53
91	91	managed care program described in ss. 409.978 -409.985. 54
92	92	Section 3. This act shall take effect July 1, 2022. 55