FL S1384

Florida Rules of Criminal Procedure apply to competency proceedings in sexually violent predator civil commitment cases, with proceedings halting if a person is found mentally incompetent to proceed.

Courts must order competency examinations by up to three experts and immediately set a hearing date when there are reasonable grounds to believe a respondent is incompetent.

Secure facilities must admit persons found incompetent and file competency reports with the court within 6 months of admission; counsel may move for a competency hearing if the respondent appears competent or no longer meets commitment criteria.

Courts must hold hearings within 30 days of facility reports and must enter orders expeditiously proceeding with trial or hearing if competency is restored.

Courts must conduct biannual competency evaluations for persons committed under this part, with continued treatment at the facility if competency is not restored.