The bill amends existing Florida statutes 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, along with the provisions for establishing this defense and the burden of proof associated with it. Additionally, it requires experts evaluating a defendant's mental competence to use a clinically recognized instrument to assess malingering and include the results in their reports.

Furthermore, the bill revises mitigating circumstances for sentencing, allowing for specialized mental health treatment to be incorporated into a convicted defendant's sentence, provided it is unrelated to substance abuse or addiction. However, this treatment cannot be used as a basis for departing from the lowest permissible sentence. The bill also clarifies that a sentencing court may still 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:
H 1505 Filed: 775.027, 916.12, 921.0026