HB 1273 2022
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hb1273-00
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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
A bill to be entitled 1
An act relating to defendants with a traumatic brain 2
injury; amending s. 916.106, F.S.; redefining the term 3
"intellectual disability" as it relates to defendants 4
who have been found to be incompetent to proceed by 5
adding the terms "significantly deficient in adaptive 6
functioning" and "traumatic brain injury"; amending s. 7
916.303, F.S.; requiring the Agency for P ersons with 8
Disabilities to assist certain defendants found 9
incompetent to proceed with application to the long -10
term care managed care program; providing an effective 11
date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsection (13) of section 916.106, Florida 16
Statutes, is amended to read: 17
916.106 Definitions. —For the purposes of this chapter, the 18
term: 19
(13) "Intellectual disability" means significantly 20
subaverage general intellectual functioning existing 21
concurrently with deficits in adaptive behavior which manifests 22
before the age of 18, or significantly deficient in adaptive 23
functioning resulting from a traumatic brain injury, and which 24
can reasonably be expected to continue indefinitely. For the 25
HB 1273 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1273-00
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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
purposes of this def inition, the term: 26
(a) "Adaptive behavior" means the effectiveness or degree 27
with which an individual meets the standards of personal 28
independence and social responsibility expected of his or her 29
age, cultural group, and community. 30
(b) "Significantly d eficient in adaptive functioning" 31
means the extreme limitation of one, or marked limitation of 32
two, of the following areas of mental functioning: 33
1. Understanding, remembering, or applying information; 34
2. Interacting with others; 35
3. Concentrating, pe rsisting, or maintaining pace; or 36
4. Adapting or managing oneself. 37
(c) "Significantly subaverage general intellectual 38
functioning" means performance that is two or more standard 39
deviations from the mean score on a standardized intelligence 40
test specified in the rules of the agency. 41
(d) "Traumatic brain injury" means a disruption in the 42
normal function of the brain which can be caused by a bump, 43
blow, or jolt to the head or a penetrating head injury has the 44
same meaning as in s. 393.063 . 45
Section 2. Subsection (4) is added to section 916.303, 46
Florida Statutes, to read: 47
916.303 Determination of incompetency; dismissal of 48
charges.— 49
(4) If the charges are dismissed and the defendant has 50
HB 1273 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1273-00
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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
been found incompetent to proceed due to an intellectual 51
disability caused by a traumatic brain injury, the agency must 52
assist the defendant with application to the long -term care 53
managed care program described in ss. 409.978 -409.985. 54
Section 3. This act shall take effect July 1, 2022. 55