Fla. Admin. Code Ann. R. 65G-4.011 - Determination of Intellectual Disability in Capital Felony Cases: Intelligence; Tests to be Administered
(1)
When a defendant convicted of a capital felony is suspected of having or
determined to have intellectual disability, intelligence tests to determine
intellectual functioning as specified below shall be administered by a
qualified professional who is authorized in accordance with Florida Statutes to
perform evaluations in Florida. The test shall consist of an individually
administered evaluation, which is valid and reliable for the purpose of
determining intelligence. The tests specified below shall be used.
(a) The Stanford-Binet Intelligence
Scale.
(b) Wechsler Intelligence
Scale.
(2)
Notwithstanding this rule, the court, pursuant to section
921.137, F.S., is authorized to
consider the findings of the court appointed experts or any other expert
utilizing individually administered evaluation procedures which provide for the
use of valid tests and evaluation materials, administered and interpreted by
trained personnel, in conformance with instructions provided by the producer of
the tests or evaluation materials. The results of the evaluations submitted to
the court shall be accompanied by the published validity and reliability data
for the examination.
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