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FL S1326
Bill
Status
Introduced
1/7/2026
Primary Sponsor
Criminal Justice
Click for details
AI Summary
- Narrows Florida's insanity defense by removing the provision that defendants could qualify if they "did not know what he or she was doing was wrong," now requiring only proof they did not know what they were doing or its consequences
- Requires mental competency examining experts to report whether they find a defendant is malingering and what method was used to reach that determination
- Extends the timeline for dismissing charges against defendants found incompetent to proceed, requiring incompetency to last equal to the maximum statutory sentence for charges over 5 years, rather than the previous 5-year limit
- Mandates involuntary commitment for defendants found not guilty by reason of insanity who have mental illness and are manifestly dangerous, changing "may" to "shall" throughout commitment provisions
- Restricts mitigating circumstances for sentencing departures related to mental disorders, requiring a "severe and persistent mental illness" diagnosed by a qualified professional, and prohibiting departures for defendants who are dangerous or convicted of murder, manslaughter, or sex offenses
Legislative Description
Prosecution of Defendants
Last Action
Now in Appropriations Committee on Criminal and Civil Justice
2/4/2026
Committee Referrals
Appropriations Subcommittee on Criminal and Civil Justice2/4/2026
Full Bill Text
No bill text available