HB 201 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0201-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to criminal defendants adjudicated 2
incompetent to proceed; amending s. 916.13, F.S.; 3
requiring that the Department of Children and Families 4
initiate a transfer evaluation to determine if a 5
defendant adjudicated incompetent to proceed meets the 6
criteria for involuntary civil commitment if it 7
determines that the defendant will not or is unlikely 8
to gain competence; providing an effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Paragraph (d) is added to subsection (2) of 13
section 916.13, Florida Statutes, to read: 14
916.13 Involuntary commitment of defendant adjudicated 15
incompetent.— 16
(2) A defendant who has been charged with a felony and who 17
has been adjudicated incompetent to proceed due to mental 18
illness, and who meets the criteria for involuntary commitment 19
under this chapter, may be committed to the department, and the 20
department shall retain and tr eat the defendant. 21
(d) If the department determines at any time that a 22
defendant will not or is unlikely to gain competence to proceed, 23
the department shall initiate a transfer evaluation to determine 24
if the defendant meets the criteria for involuntary c ivil 25
HB 201 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0201-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commitment and a copy of that evaluation shall be provided to 26
the court and counsel before initiating any transfer of the 27
defendant back to the committing jurisdiction. 28
Section 2. This act shall take effect July 1, 2023. 29