Florida HB 1005: Determination of Mental Conditions in Judicial Proceedings

Bill Text

HB 1005 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1005-00
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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

HB 1005 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1005-00
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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

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

HB 1005 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

HB 1005 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

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