This bill amends several sections of Florida law regarding the prosecution of defendants with mental health issues. It specifies that a defendant can use the defense of lack of culpable mental state due to mental disease or defect, but clarifies that mental disease or defect is not a defense in itself under any law. The bill removes the affirmative defense of insanity, which previously allowed defendants to argue they were insane at the time of the offense, along with the associated burden of proof requirements.

Additionally, the bill requires experts evaluating a defendant's mental competence to use a clinically recognized instrument to assess malingering and include the results in their reports. It revises mitigating circumstances for sentencing, allowing for specialized mental health treatment to be incorporated into a defendant's sentence without permitting a departure from the lowest permissible sentence. However, it does allow courts to consider a defendant's mental health when determining a sentence within the permissible range. The act is set to take effect on October 1, 2026.

Statutes affected:
S 1326 Filed: 775.027, 916.12, 921.0026