This bill amends several sections of Florida Statutes related to the prosecution of defendants, specifically focusing on the insanity defense, mental competence, dismissal of charges, involuntary commitment, and mitigating circumstances for sentencing. Key changes include a revision of the qualifications for an insanity defense, which now requires that the defendant had a mental infirmity, disease, or defect and did not know the nature or consequences of their actions. Additionally, the bill updates the reporting requirements for examining experts to include assessments of whether a defendant is malingering and the methods used to determine this.

The bill also introduces stricter criteria for the dismissal of charges against defendants adjudicated incompetent to proceed due to mental illness, specifying that charges may only be dismissed if the defendant remains incompetent for a duration equal to the maximum statutory sentence for the charges, and if that sentence exceeds five years. Furthermore, it mandates involuntary commitment for defendants found not guilty by reason of insanity if they are deemed dangerous due to their mental illness. Lastly, the bill revises the mitigating circumstances for sentencing, allowing for downward departures in certain cases, particularly for defendants with severe mental illnesses or disabilities, while ensuring that such departures do not apply if the defendant poses a danger to themselves or others. The act is set to take effect on October 1, 2026.

Statutes affected:
S 1326 Filed: 775.027, 916.12, 921.0026
S 1326 c1: 775.027, 916.12, 916.145, 916.15, 921.0026