Determination of Mental Conditions in Judicial Proceedings

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A bill to be entitled 1
An act relating to determination of mental conditions 2
in judicial proceedings; amending s. 393.11, F.S.; 3
providing for petitions for involuntary admission to 4
residential services of persons with neurocognitive 5
disorders; amending s. 916.105, F.S.; revising 6
legislative intent; amending s. 916.106, F.S.; 7
defining the term "neurocognitive disorder"; amending 8
s. 916.107, F.S.; providing that forensic clients with 9
neurocognitive disorder have certain rights; amending 10
s. 916.115, F.S.; authorizing the appointment of 11
certain clinical social workers or mental health 12
counselors as experts to evaluate defendants for 13
mental competence to proceed; limiting the appointment 14
of such professionals to evaluations of mental 15
competence to proceed; amending s. 916.301, F.S.; 16
providing for the appointment of experts to evaluate 17
the mental condition of defendants whose suspected 18
mental condition is neurocognitive disorder; amending 19
s. 916.3012, F.S.; providing for a determination of 20
whether a defendant whose suspected mental condition 21
is neurocognitive disorder is mentally competent to 22
proceed; providing for training of such defendant in 23
certain circumstances; amending s. 916.302, F.S.; 24
providing for involuntary commitment of certain 25

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defendants determined to be incompetent to proceed due 26
to neurocognitive disorder; amending s. 916.3025, 27
F.S.; providing for retention of jurisdiction over 28
certain defendants found incompetent to proceed and 29
ordered into a forensic facility for defendants who 30
have intellectual disabilities, autism, or 31
neurocognitive disorders; amending s. 916.303, F.S.; 32
providing for dismissal of charges without prejudice 33
under specified circumstances when a defendant is 34
found incompetent to proceed due to neurocognitive 35
disorder; amending s. 916.304, F.S.; providing for 36
conditional release, in certain circumstances, of a 37
defendant who is incompetent to proceed due to 38
neurocognitive disorder; amending s. 985.19, F.S.; 39
requiring certain juvenile delinquency procedures for 40
children who are incompetent to proceed because of 41
neurocognitive disorder; providing a directive to the 42
Division of Law Revision; reenacting s. 393.115(1)(b), 43
relating to the discharge of certain persons 44
involuntarily admitted to residential services, to 45
incorporate the amendment made to s. 393.11, F.S., in 46
a reference thereto; providing an effective date. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50

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Section 1. Subsection (1), paragraphs (c) and (d) of 51
subsection (2), paragraphs (b), (c), and (d) of subsection (3), 52
paragraph (b) of subsection (4), paragraphs (b), (e), (f), and 53
(g) of subsection (5), subsection (6), paragraph (d) of 54
subsection (7), paragraph (b) of subsection (8), subsection 55
(10), and paragraph (b) of subsection (12) of section 393.11, 56
Florida Statutes, are amended to read: 57
393.11 Involuntary admission to residential services.— 58
(1) JURISDICTION.—If a person has an intellectual 59
disability, or autism, or a neurocognitive disorder and requires 60
involuntary admission to residential services provided by the 61
agency, the circuit court of the county in which the person 62
resides has jurisdiction to conduct a hearing and enter an order 63
involuntarily admitting the person in order for the person to 64
receive the care, treatment, habilitation, and rehabilitation 65
that the person needs. For the purpose of identifying 66
intellectual disability, or autism, or neurocognitive disorder, 67
diagnostic capability shall be established by the agency. Except 68
as otherwise specified, the proceedings under this section are 69
governed by the Florida Rules of Civil Procedure. 70
(2) PETITION.— 71
(c) The petition shall be verified and must: 72
1. State the name, age, and present address of the 73
commissioners and their relationship to the person who has an 74
intellectual disability, or autism, or a neurocognitive 75

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disorder.; 76
2. State the name, age, county of residence, and present 77
address of the person who has an intellectual disability, or 78
autism, or a neurocognitive disorder.; 79
3. Allege that the commission believes that the person 80
needs involuntary residential services and specify the factual 81
information on which the belief is based.; 82
4. Allege that the person lacks sufficient capacity to 83
give express and informed consent to a voluntary application for 84
services and lacks the basic survival and self-care skills to 85
provide for the person's well-being or is likely to physically 86
injure others if allowed to remain at liberty.; and 87
5. State which residential setting is the least 88
restrictive and most appropriate alternative and specify the 89
factual information on which the belief is based. 90
(d) The petition must be filed in the circuit court of the 91
county in which the person who has the intellectual disability, 92
or autism, or neurocognitive disorder resides. 93
(3) NOTICE.— 94
(b) If a motion or petition has been filed pursuant to s. 95
916.303 to dismiss criminal charges against a defendant who has 96
an intellectual disability, or autism, or a neurocognitive 97
disorder, and a petition is filed to involuntarily admit the 98
defendant to residential services under this section, the notice 99
of the filing of the petition must also be given to the 100

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defendant's attorney, the state attorney of the circuit from 101
which the defendant was committed, and the agency. 102
(c) The notice must state that a hearing shall be set to 103
inquire into the need of the person who has an intellectual 104
disability, or autism, or a neurocognitive disorder for 105
involuntary residential services. The notice must also state the 106
date of the hearing on the petition. 107
(d) The notice must state that the person individual who 108
has an intellectual disability, or autism, or a neurocognitive 109
disorder has the right to be represented by counsel of his or 110
her own choice and that, if the person cannot afford an 111
attorney, the court shall appoint one. 112
(4) AGENCY PARTICIPATION.— 113
(b) Following examination, the agency shall file a written 114
report with the court at least 10 working days before the date 115
of the hearing. The report must be served on the petitioner, the 116
person who has the intellectual disability, or autism, or 117
neurocognitive disorder, and the person's attorney at the time 118
the report is filed with the court. 119
(5) EXAMINING COMMITTEE.— 120
(b) The court shall appoint at least three disinterested 121
experts who have demonstrated to the court an expertise in the 122
diagnosis, evaluation, and treatment of persons who have 123
intellectual disabilities, or autism, or neurocognitive 124
disorders. The committee must include at least one licensed and 125

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qualified physician, one licensed and qualified psychologist, 126
and one qualified professional who, at a minimum, has a master's 127
degree in social work, special education, or vocational 128
rehabilitation counseling, to examine the person and to testify 129
at the hearing on the involuntary admission to residential 130
services. 131
(e) The committee shall prepare a written report for the 132
court. The report must explicitly document the extent that the 133
person meets the criteria for involuntary admission. The report, 134
and expert testimony, must include, but not be limited to: 135
1. The degree of the person's intellectual disability, or 136
autism, or neurocognitive disorder and whether, using diagnostic 137
capabilities established by the agency, the person is eligible 138
for agency services.; 139
2. Whether, because of the person's degree of intellectual 140
disability, or autism, or neurocognitive disorder, the person: 141
a. Lacks sufficient capacity to give express and informed 142
consent to a voluntary application for services pursuant to s. 143
393.065 and lacks basic survival and self-care skills to such a 144
degree that close supervision and habilitation in a residential 145
setting is necessary and, if not provided, would result in a 146
threat of substantial harm to the person's well-being; or 147
b. Is likely to physically injure others if allowed to 148
remain at liberty. 149
3. The purpose to be served by residential care.; 150

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4. A recommendation on the type of residential placement 151
which would be the most appropriate and least restrictive for 152
the person.; and 153
5. The appropriate care, habilitation, and treatment. 154
(f) The committee shall file the report with the court at 155
least 10 working days before the date of the hearing. The report 156
must be served on the petitioner, the person who has the 157
intellectual disability, or autism, or neurocognitive disorder, 158
the person's attorney at the time the report is filed with the 159
court, and the agency. 160
(g) Members of the examining committee shall receive a 161
reasonable fee to be determined by the court. The fees shall be 162
paid from the general revenue fund of the county in which the 163
person who has the intellectual disability, or autism, or 164
neurocognitive disorder resided when the petition was filed. 165
(6) COUNSEL; GUARDIAN AD LITEM.— 166
(a) The person who has the intellectual disability, or 167
autism, or neurocognitive disorder must be represented by 168
counsel at all stages of the judicial proceeding. If the person 169
is indigent and cannot afford counsel, the court shall appoint a 170
public defender at least 20 working days before the scheduled 171
hearing. The person's counsel shall have full access to the 172
records of the service provider and the agency. In all cases, 173
the attorney shall represent the rights and legal interests of 174
the person, regardless of who initiates the proceedings or pays 175

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the attorney fee. 176
(b) If the attorney, during the course of his or her 177
representation, reasonably believes that the person who has the 178
intellectual disability, or autism, or neurocognitive disorder 179
cannot adequately act in his or her own interest, the attorney 180
may seek the appointment of a guardian ad litem. A prior finding 181
of incompetency is not required before a guardian ad litem is 182
appointed pursuant to this section. 183
(7) HEARING.— 184
(d) The person who has the intellectual disability, or 185
autism, or neurocognitive disorder must be physically present 186
throughout the entire proceeding. If the person's attorney 187
believes that the person's presence at the hearing is not in his 188
or her best interest, the person's presence may be waived once 189
the court has seen the person and the hearing has commenced. 190
(8) ORDER.— 191
(b) An order of involuntary admission to residential 192
services may not be entered unless the court finds that: 193
1. The person is intellectually disabled, or autistic, or 194
has a neurocognitive disorder.; 195
2. Placement in a residential setting is the least 196
restrictive and most appropriate alternative to meet the 197
person's needs.; and 198
3. Because of the person's degree of intellectual 199
disability, or autism, or neurocognitive disorder, the person: 200

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a. Lacks sufficient capacity to give express and informed 201
consent to a voluntary application for services pursuant to s. 202
393.065 and lacks basic survival and self-care skills to such a 203
degree that close supervision and habilitation in a residential 204
setting is necessary and, if not provided, would result in a 205
real and present threat of substantial harm to the person's 206
well-being; or 207
b. Is likely to physically injure others if allowed to 208
remain at liberty. 209
(10) COMPETENCY.— 210
(a) The issue of competency is separate and distinct from 211
a determination of the appropriateness of involuntary admission 212
to residential services due to intellectual disability, or 213
autism, or neurocognitive disorder. 214
(b) The issue of the competency of a person who has an 215
intellectual disability, or autism, or a neurocognitive disorder 216
for purposes of assigning guardianship shall be determined in a 217
separate proceeding according to the procedures and requirements 218
of chapter 744. The issue of the competency of a person who has 219
an intellectual disability, or autism, or a neurocognitive 220
disorder for purposes of determining whether the person is 221
competent to proceed in a criminal trial shall be determined in 222
accordance with chapter 916. 223
(12) APPEAL.— 224
(b) The filing of an appeal by the person who has an 225

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intellectual disability, or autism, or a neurocognitive disorder 226
stays admission of the person into residential care. The stay 227
remains in effect during the pendency of all review proceedings 228
in Florida courts until a mandate issues. 229
Section 2. Subsections (1) through (4) of section 916.105, 230
Florida Statutes, are amended to read: 231
916.105 Legislative intent.— 232
(1) It is the intent of the Legislature that the 233
Department of Children and Families and the Agency for Persons 234
with Disabilities, as appropriate, establish, locate, and 235
maintain separate and secure forensic facilities and programs 236
for the treatment or training of defendants who have been 237
charged with a felony and who have been found to be incompetent 238
to proceed due to their mental illness, intellectual disability, 239
or autism, or neurocognitive disorder or who have been acquitted 240
of a felony by reason of insanity, and who, while still under 241
the jurisdiction of the committing court, are committed to the 242
department or agency under this chapter. Such facilities must be 243
sufficient to accommodate the number of defendants committed 244
under the conditions noted above. Except for those defendants 245
found by the department or agency to be appropriate for 246
treatment or training in a civil facility or program pursuant to 247
subsection (3), forensic facilities must be designed and 248
administered so that ingress and egress, together with other 249
requirements of this chapter, may be strictly controlled by 250

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staff responsible for security in order to protect the 251
defendant, facility personnel, other clients, and citizens in 252
adjacent communities. 253
(2) It is the intent of the Legislature that treatment or 254
training programs for defendants who are found to have mental 255
illness, intellectual disability, or autism, or neurocognitive 256
disorder and are involuntarily committed to the department or 257
agency, and who are still under the jurisdiction of the 258
committing court, be provided in a manner, subject to security 259
requirements and other mandates of this chapter, which ensures 260
the rights of the defendants as provided in this chapter. 261
(3) It is the intent of the Legislature that evaluation 262
and services to defendants who have mental illness, intellectual 263
disability, or autism, or neurocognitive disorder be provided in 264
community settings, in community residential facilities, or in 265
civil facilities, whenever this is a feasible alternative to 266
treatment or training in a state forensic facility. 267
(4) It is the intent of the Legislature that a defendant 268
who is charged with certain felonies, any misdemeanor, or any 269
ordinance violation and who has a mental illness, intellectual 270
disability, or autism, or neurocognitive disorder be evaluated 271
and provided services in a community setting, whenever this is a 272
feasible alternative to incarceration. 273
Section 3. Subsections (15), (16), and (17) of section 274
916.106, Florida Statutes, are renumbered as subsections (16), 275

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(17), and (18), respectively, and a new subsection (15) is added 276
to that section, to read: 277
916.106 Definitions.—For the purposes of this chapter, the 278
term: 279
(15) "Neurocognitive disorder" means a decrease in mental 280
function due to a medical condition other than a mental illness. 281
The term includes, but is not limited to, a decrease in mental 282
function due to traumatic brain injury, dementia, Alzheimer's 283
disease, or a neurodegenerative disease. 284
Section 4. Paragraph (a) of subsection (1) and paragraph 285
(a) of subsection (3) of section 916.107, Florida Statutes, are 286
amended to read: 287
916.107 Rights of forensic clients.— 288
(1) RIGHT TO INDIVIDUAL DIGNITY.— 289
(a) The policy of the state is that the individual dignity 290
of the client shall be respected at all times and upon all 291
occasions, including any occasion when the forensic client is 292
detained, transported, or treated. Clients with mental illness, 293
intellectual disability, or autism, or neurocognitive disorder 294
and who are charged with committing felonies shall receive 295
appropriate treatment or training. In a criminal case involving 296
a client who has been adjudicated incompetent to proceed or not 297
guilty by reason of insanity, a jail may be used as an emergency 298
facility for up to 15 days following the date the department or 299
agency receives a completed copy of the court commitment order 300

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containing all documentation required by the applicable Florida 301
Rules of Criminal Procedure. For a forensic client who is held 302
in a jail awaiting admission to a facility of the department or 303
agency, evaluation and treatment or training may be provided in 304
the jail by the local community mental health provider for 305
mental health services, by the developmental disabilities 306
program for persons with intellectual disability, or autism, or 307
neurocognitive disorder, the client's physician or psychologist, 308
or any other appropriate program until the client is transferred 309
to a civil or forensic facility. The sheriff shall administer or 310
permit the department to administer the appropriate psychotropic 311
medication to forensic clients before admission to a state 312
mental health treatment facility. 313
(3) RIGHT TO EXPRESS AND INFORMED CONSENT.— 314
(a) A forensic client shall be asked to give express and 315
informed written consent for treatment. If a client refuses such 316
treatment as is deemed necessary and essential by the client's 317
multidisciplinary treatment team for the appropriate care of the 318
client, such treatment may be provided under the following 319
circumstances: 320
1. In an emergency situation in which there is immediate 321
danger to the safety of the client or others, such treatment may 322
be provided upon the order of a physician for up to 48 hours, 323
excluding weekends and legal holidays. If, after the 48-hour 324
period, the client has not given express and informed consent to 325

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the treatment initially refused, the administrator or designee 326
of the civil or forensic facility shall, within 48 hours, 327
excluding weekends and legal holidays, petition the committing 328
court or the circuit court serving the county in which the 329
facility is located, at the option of the facility administrator 330
or designee, for an order authorizing the continued treatment of 331
the client. In the interim, the need for treatment shall be 332
reviewed every 48 hours and may be continued without the consent 333
of the client upon the continued order of a physician who has 334
determined that the emergency situation continues to present a 335
danger to the safety of the client or others. 336
2. In a situation other than an emergency situation, the 337
administrator or designee of the facility shall petition the 338
court for an order authorizing necessary and essential treatment 339
for the client. 340
a. If the client has been receiving psychotropic 341
medication at the jail at the time of transfer to the forensic 342
or civil facility and lacks the capacity to make an informed 343
decision regarding mental health treatment at the time of 344
admission, the admitting physician shall order continued 345
administration of psychotropic medication if, in the clinical 346
judgment of the physician, abrupt cessation of that psychotropic 347
medication could pose a risk to the health or safety of the 348
client while a court order to medicate is pursued. The 349
administrator or designee of the forensic or civil facility 350

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shall, within 5 days after a client's admission, excluding 351
weekends and legal holidays, petition the committing court or 352
the circuit court serving the county in which the facility is 353
located, at the option of the facility administrator or 354
designee, for an order authorizing the continued treatment of a 355
client with psychotropic medication. The jail physician shall 356
provide a current psychotropic medication order at the time of 357
transfer to the forensic or civil facility or upon request of 358
the admitting physician after the client is evaluated. 359
b. The court order shall allow such treatment for up to 90 360
days after the date that the order was entered. Unless the court 361
is notified in writing that the client has provided express and 362
informed written consent or that the client has been discharged 363
by the committing court, the administrator or designee of the 364
facility shall, before the expiration of the initial 90-day 365
order, petition the court for an order authorizing the 366
continuation of treatment for an additional 90 days. This 367
procedure shall be repeated until the client provides consent or 368
is discharged by the committing court. 369
3. At the hearing on the issue of whether the court should 370
enter an order authorizing treatment for which a client was 371
unable to or refused to give express and informed consent, the 372
court shall determine by clear and convincing evidence that the 373
client has mental illness, intellectual disability, or autism, 374
or neurocognitive disorder; that the treatment not consented to 375

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is essential to the care of the client; and that the treatment 376
not consented to is not experimental and does not present an 377
unreasonable risk of serious, hazardous, or irreversible side 378
effects. In arriving at the substitute judgment decision, the 379
court must consider at least the following factors: 380
a. The client's expressed preference regarding treatment; 381
b. The probability of adverse side effects; 382
c. The prognosis without treatment; and 383
d. The prognosis with treatment. 384
385
The hearing shall be as convenient to the client as may be 386
consistent with orderly procedure and shall be conducted in 387
physical settings not likely to be injurious to the client's 388
condition. The court may appoint a general or special magistrate 389
to preside at the hearing. The client or the client's guardian, 390
and the representative, shall be provided with a copy of the 391
petition and the date, time, and location of the hearing. The 392
client has the right to have an attorney represent him or her at 393
the hearing, and, if the client is indigent, the court shall 394
appoint the office of the public defender to represent the 395
client at the hearing. The client may testify or not, as he or 396
she chooses, and has the right to cross-examine witnesses and 397
may present his or her own witnesses. 398
Section 5. Subsection (1) of section 916.115, Florida 399
Statutes, is amended to read: 400

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916.115 Appointment of experts.— 401
(1) The court shall appoint no more than three experts to 402
determine the mental condition of a defendant in a criminal 403
case, including competency to proceed, insanity, involuntary 404
placement, and treatment. The experts may evaluate the defendant 405
in jail or in another appropriate local facility or in a 406
facility of the Department of Corrections. 407
(a) The court-appointed experts shall: 408
1. Be a psychiatrist, licensed psychologist, or physician. 409
2. Have completed initial and annual forensic evaluator 410
training, provided by the department. 411
3. If performing juvenile evaluations, have completed 412
initial and annual juvenile forensic competency evaluation 413
training provided by the department. 414
(b) In jurisdictions in which there is a demonstrated need 415
for additional qualified evaluators, the chief judge of the 416
circuit court may, by administrative order, approve for 417
appointment as an expert a clinical social worker or mental 418
health counselor, as those terms are defined in s. 394.455, if 419
such clinical social worker or mental health counselor meets the 420
qualification requirements in subsection (c). The court shall 421
select experts from a list of qualified mental health 422
professionals maintained by the department unless the court 423
finds good cause to appoint an expert who is not on such list. 424
(c) A clinical social worker or mental health counselor is 425

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qualified for appointment under this section if he or she has: 426
1. Successfully completed the Florida Adult Forensic 427
Examiner Training offered by the University of South Florida or 428
an equivalent training program approved by the department and 429
has completed annual forensic evaluator training provided by the 430
department. 431
2. At least 2 years of documented experience working with 432
persons involved in the criminal justice system. Such experience 433
may include work in a correctional facility, forensic treatment 434
setting, diversion program, or similar environment. 435
3. If performing juvenile evaluations, completed initial 436
and annual juvenile forensic competency evaluation training 437
provided by the department. 438
(d) A clinical social worker or mental health counselor 439
may be appointed as an expert to evaluate a defendant in a 440
proceeding relating a determination of competence to proceed as 441
described in ss. 916.12 and 916.13. A clinical social worker or 442
mental health counselor may not be appointed to evaluate a 443
defendant in a proceeding relating to any of the following: 444
1. Involuntary commitment of a defendant adjudicated not 445
guilty by reason of insanity pursuant to s. 916.15. 446
2. Involuntary admission to residential services pursuant 447
to s. 393.11. 448
3. A life felony, homicide, or sexual offense. 449
4. Any forensic matter other than a determination of 450

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mental competence to proceed, unless otherwise authorized by 451
general law. 452
(b) Existing evaluators as of July 1, 2024, shall complete 453
department-provided annual forensic evaluator training by July 454
1, 2026, to remain active on the list described in paragraph 455
(c). 456
(e)(c) The department shall maintain and annually provide 457
the courts with a list of available mental health professionals 458
who have completed the initial and annual training as experts. 459
Section 6. Subsections (1) and (2) of section 916.301, 460
Florida Statutes, are amended to read: 461
916.301 Appointment of experts.— 462
(1) All evaluations ordered by the court under this part 463
must be conducted by qualified experts who have expertise in 464
evaluating persons who have an intellectual disabilities, 465
disability or autism, or neurocognitive disorders. The agency 466
shall maintain and provide the courts annually with a list of 467
available professionals who are appropriately licensed and 468
qualified to perform evaluations of defendants alleged to be 469
incompetent to proceed due to intellectual disability, or 470
autism, or neurocognitive disorder. The courts may use 471
professionals from this list when appointing experts and 472
ordering evaluations under this part. 473
(2) If a defendant's suspected mental condition is 474
intellectual disability, or autism, or neurocognitive disorder, 475

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the court shall appoint the following: 476
(a) At least one, or at the request of any party, two 477
experts to evaluate whether the defendant meets the definition 478
of intellectual disability, or autism, or neurocognitive 479
disorder and, if so, whether the defendant is competent to 480
proceed; and 481
(b) A psychologist selected by the agency who is licensed 482
or authorized by law to practice in this state, with experience 483
in evaluating persons suspected of having an intellectual 484
disability, or autism, or a neurocognitive disorder, and a 485
social service professional, with experience in working with 486
persons who have an intellectual disabilities, disability or 487
autism, or neurocognitive disorders. 488
1. The psychologist shall evaluate whether the defendant 489
meets the definition of intellectual disability, or autism, or 490
neurocognitive disorder and, if so, whether the defendant is 491
incompetent to proceed due to intellectual disability, or 492
autism, or neurocognitive disorder. 493
2. The social service professional shall provide a social 494
and developmental history of the defendant. 495
Section 7. Subsections (1), (2), and (4) of section 496
916.3012, Florida Statutes, are amended to read: 497
916.3012 Mental competence to proceed.— 498
(1) A defendant whose suspected mental condition is 499
intellectual disability, or autism, or neurocognitive disorder 500

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is incompetent to proceed within the meaning of this chapter if 501
the defendant does not have sufficient present ability to 502
consult with the defendant's lawyer with a reasonable degree of 503
rational understanding or if the defendant has no rational, as 504
well as factual, understanding of the proceedings against the 505
defendant. 506
(2) Experts in intellectual disability, or autism, or 507
neurocognitive disorder appointed pursuant to s. 916.301 shall 508
first consider whether the defendant meets the definition of 509
intellectual disability, or autism, or neurocognitive disorder 510
and, if so, consider the factors related to the issue of whether 511
the defendant meets the criteria for competence to proceed as 512
described in subsection (1). 513
(4) If the experts find that the defendant is incompetent 514
to proceed, the experts shall report on any recommended training 515
for the defendant to attain competence to proceed. In 516
considering the issues relating to training, the examining 517
experts shall specifically report on all of the following: 518
(a) The intellectual disability, or autism, or 519
neurocognitive disorder causing the incompetence.; 520
(b) The training appropriate for the intellectual 521
disability, or autism, or neurocognitive disorder of the 522
defendant and an explanation of each of the possible training 523
alternatives in order of choices.; 524
(c) The availability of acceptable training and, if 525

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training is available in the community, the expert shall so 526
state in the report.; and 527
(d) The likelihood of the defendant's attaining competence 528
under the training recommended, an assessment of the probable 529
duration of the training required to restore competence, and the 530
probability that the defendant will attain competence to proceed 531
in the foreseeable future. 532
Section 8. Subsection (1), paragraphs (a) and (b) of 533
subsection (2), and paragraph (a) of subsection (3) of section 534
916.302, Florida Statutes, are amended to read: 535
916.302 Involuntary commitment of defendant determined to 536
be incompetent to proceed.— 537
(1) CRITERIA.—Every defendant who is charged with a felony 538
and who is adjudicated incompetent to proceed due to 539
intellectual disability, or autism, or neurocognitive disorder 540
may be involuntarily committed for training upon a finding by 541
the court of clear and convincing evidence that: 542
(a) The defendant has an intellectual disability, or 543
autism, or a neurocognitive disorder.; 544
(b) There is a substantial likelihood that in the near 545
future the defendant will inflict serious bodily harm on himself 546
or herself or another person, as evidenced by recent behavior 547
causing, attempting, or threatening such harm.; 548
(c) All available, less restrictive alternatives, 549
including services provided in community residential facilities 550

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or other community settings, which would offer an opportunity 551
for improvement of the condition have been judged to be 552
inappropriate.; and 553
(d) There is a substantial probability that the 554
intellectual disability, or autism, or neurocognitive disorder 555
causing the defendant's incompetence will respond to training 556
and the defendant will regain competency to proceed in the 557
reasonably foreseeable future. 558
(2) ADMISSION TO A FACILITY.— 559
(a) A defendant who has been charged with a felony and who 560
is found to be incompetent to proceed due to intellectual 561
disability, or autism, or neurocognitive disorder, and who meets 562
the criteria for involuntary commitment to the agency under this 563
chapter, shall be committed to the agency, and the agency shall 564
retain and provide appropriate training for the defendant. 565
Within 6 months after the date of admission or at the end of any 566
period of extended commitment or at any time the administrator 567
or designee determines that the defendant has regained 568
competency to proceed or no longer meets the criteria for 569
continued commitment, the administrator or designee shall file a 570
report with the court pursuant to this chapter and the 571
applicable Florida Rules of Criminal Procedure. 572
(b) A defendant determined to be incompetent to proceed 573
due to intellectual disability, or autism, or neurocognitive 574
disorder may be ordered by a circuit court into a forensic 575

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facility designated by the agency for defendants who have an 576
intellectual disabilities, disability or autism, or 577
neurocognitive disorders. 578
(3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.— 579
(a) If a defendant has both an intellectual disability, or 580
autism, or a neurocognitive disorder and a mental illness, 581
evaluations must address which condition is primarily affecting 582
the defendant's competency to proceed. Referral of the defendant 583
should be made to a civil or forensic facility most appropriate 584
to address the symptoms that are the cause of the defendant's 585
incompetence. 586
Section 9. Subsection (1) of section 916.3025, Florida 587
Statutes, is amended to read: 588
916.3025 Jurisdiction of committing court.— 589
(1) The committing court shall retain jurisdiction in the 590
case of any defendant found to be incompetent to proceed due to 591
intellectual disability, or autism, or neurocognitive disorder 592
and ordered into a forensic facility designated by the agency 593
for defendants who have intellectual disabilities, or autism, or 594
neurocognitive disorders. A defendant may not be released except 595
by the order of the committing court. An administrative hearing 596
examiner does not have jurisdiction to determine issues of 597
continuing commitment or release of any defendant involuntarily 598
committed pursuant to this chapter. 599
Section 10. Subsection (1) of section 916.303, Florida 600

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Statutes, is amended to read: 601
916.303 Determination of incompetency; dismissal of 602
charges.— 603
(1) The charges against any defendant found to be 604
incompetent to proceed due to intellectual disability, or 605
autism, or neurocognitive disorder shall be dismissed without 606
prejudice to the state if the defendant remains incompetent to 607
proceed within a reasonable time after such determination, not 608
to exceed 2 years, unless the court in its order specifies its 609
reasons for believing that the defendant will become competent 610
to proceed within the foreseeable future and specifies the time 611
within which the defendant is expected to become competent to 612
proceed. The charges may be refiled by the state if the 613
defendant is declared competent to proceed in the future. 614
Section 11. Subsection (1) of section 916.304, Florida 615
Statutes, is amended to read: 616
916.304 Conditional release.— 617
(1) Except for an inmate currently serving a prison 618
sentence, the committing court may order a conditional release 619
of any defendant who has been found to be incompetent to proceed 620
due to intellectual disability, or autism, or neurocognitive 621
disorder, based on an approved plan for providing community-622
based training. The committing criminal court may order a 623
conditional release of any defendant to a civil facility in lieu 624
of an involuntary commitment to a forensic facility pursuant to 625

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s. 916.302. Upon a recommendation that community-based training 626
for the defendant is appropriate, a written plan for community-627
based training, including recommendations from qualified 628
professionals, may be filed with the court, with copies to all 629
parties. Such a plan may also be submitted by the defendant and 630
filed with the court, with copies to all parties. The plan must 631
include: 632
(a) Special provisions for residential care and adequate 633
supervision of the defendant, including recommended location of 634
placement. 635
(b) Recommendations for auxiliary services such as 636
vocational training, psychological training, educational 637
services, leisure services, and special medical care. 638
639
In its order of conditional release, the court shall specify the 640
conditions of release based upon the release plan and shall 641
direct the appropriate agencies or persons to submit periodic 642
reports to the courts regarding the defendant's compliance with 643
the conditions of the release and progress in training, with 644
copies to all parties. 645
Section 12. Paragraph (e) of subsection (1), subsection 646
(2), paragraph (a) of subsection (3), paragraph (a) of 647
subsection (4), and paragraph (a) of subsection (6) of section 648
985.19, Florida Statutes, are amended to read: 649
985.19 Incompetency in juvenile delinquency cases.— 650

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(1) If, at any time prior to or during a delinquency case, 651
the court has reason to believe that the child named in the 652
petition may be incompetent to proceed with the hearing, the 653
court on its own motion may, or on the motion of the child's 654
attorney or state attorney must, stay all proceedings and order 655
an evaluation of the child's mental condition. 656
(e) For incompetency evaluations related to intellectual 657
disability, or autism, or neurocognitive disorder, the court 658
shall order the Agency for Persons with Disabilities to examine 659
the child to determine if the child meets the definition of 660
"intellectual disability" or "autism" in s. 393.063 or 661
"neurocognitive disorder" in s. 916.106 and, if so, whether the 662
child is competent to proceed with delinquency proceedings. 663
(2) A child who is adjudicated incompetent to proceed, and 664
who has committed a delinquent act or violation of law, either 665
of which would be a felony if committed by an adult, must be 666
committed to the Department of Children and Families for 667
treatment or training. A child who has been adjudicated 668
incompetent to proceed because of age or immaturity, or for any 669
reason other than for mental illness, intellectual disability, 670
or autism, or neurocognitive disorder, must not be committed to 671
the department or to the Department of Children and Families for 672
restoration-of-competency treatment or training services. For 673
purposes of this section, a child who has committed a delinquent 674
act or violation of law, either of which would be a misdemeanor 675

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if committed by an adult, may not be committed to the department 676
or to the Department of Children and Families for restoration-677
of-competency treatment or training services. 678
(3) If the court finds that a child has mental illness, 679
intellectual disability, or autism, or neurocognitive disorder 680
and adjudicates the child incompetent to proceed, the court must 681
also determine whether the child meets the criteria for secure 682
placement. A child may be placed in a secure facility or program 683
if the court makes a finding by clear and convincing evidence 684
that: 685
(a) The child has mental illness, intellectual disability, 686
or autism, or neurocognitive disorder and because of the mental 687
illness, intellectual disability, or autism, or neurocognitive 688
disorder: 689
1. The child is manifestly incapable of surviving with the 690
help of willing and responsible family or friends, including 691
available alternative services, and without treatment or 692
training the child is likely to suffer from neglect or refuse to 693
care for self, and such neglect or refusal poses a real and 694
present threat of substantial harm to the child's well-being; or 695
2. There is a substantial likelihood that in the near 696
future the child will inflict serious bodily harm on self or 697
others, as evidenced by recent behavior causing, attempting, or 698
threatening such harm; and 699
(4) A child who is determined to have mental illness, 700

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intellectual disability, or autism, or neurocognitive disorder, 701
who has been adjudicated incompetent to proceed, and who meets 702
the criteria set forth in subsection (3), must be committed to 703
the Department of Children and Families and receive treatment or 704
training in a secure facility or program that is the least 705
restrictive alternative consistent with public safety. Any 706
placement of a child to a secure residential program must be 707
separate from adult forensic programs. If the child attains 708
competency, custody, case management, and supervision of the 709
child shall be transferred to the department in order to 710
continue delinquency proceedings; however, the court retains 711
authority to order the Department of Children and Families to 712
provide continued treatment or training to maintain competency. 713
(a) A child adjudicated incompetent due to intellectual 714
disability, or autism, or neurocognitive disorder may be ordered 715
into a secure program or facility designated by the Department 716
of Children and Families for children who have intellectual 717
disabilities, or autism, or neurocognitive disorders. 718
(6)(a) If a child is determined to have mental illness, 719
intellectual disability, or autism, or neurocognitive disorder 720
and is found to be incompetent to proceed but does not meet the 721
criteria set forth in subsection (3), the court shall commit the 722
child to the Department of Children and Families and order the 723
Department of Children and Families to provide appropriate 724
treatment and training in the community. The purpose of the 725

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treatment or training is the restoration of the child's 726
competency to proceed. 727
Section 13. The Division of Law Revision is directed to 728
redesignate part III of chapter 916, Florida Statutes, as 729
"FORENSIC SERVICES FOR PERSONS WHO ARE INTELLECTUALLY DISABLED 730
OR AUTISTIC, OR WHO HAVE NEUROCOGNITIVE DISORDERS." 731
Section 14. For the purpose of incorporating the amendment 732
made by this act to section 393.11, Florida Statutes, in a 733
reference thereto, paragraph (b) of subsection (1) of section 734
393.115, Florida Statutes, is reenacted to read: 735
393.115 Discharge.— 736
(1) DISCHARGE AT THE AGE OF MAJORITY.— 737
(b) If the resident appears to meet the criteria for 738
involuntary admission to residential services pursuant to s. 739
393.11, the agency shall file a petition to determine the 740
appropriateness of continued residential placement on an 741
involuntary basis. The agency shall file the petition for 742
involuntary admission in the county in which the client resides. 743
If the resident was originally involuntarily admitted to 744
residential services pursuant to s. 393.11, then the agency 745
shall file the petition in the court having continuing 746
jurisdiction over the case. 747
Section 15. This act shall take effect July 1, 2026. 748