Florida HB 569: Construction and Facilities

Bill Text

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HB 569 2026 Legislature

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

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An act relating to forensic client services; amending 2
s. 916.106, F.S.; revising the definition of "forensic 3
client" to include a defendant committed to 4
involuntary residential services in a secure facility 5
of the Agency for Persons with Disabilities; 6
republishing s. 916.303, F.S., relating to 7
determination of incompetency; providing an effective 8
date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Subsection (9) of section 916.106, Florida 13
Statutes, is amended to read: 14
916.106 Definitions.—For the purposes of this chapter, the 15
term: 16
(9) "Forensic client" or "client" means any defendant who 17
has been committed to the department or agency pursuant to s. 18
916.13, s. 916.15, or s. 916.302, or s. 916.303(3). 19
Section 2. Section 916.303, Florida Statutes, is 20
republished to read: 21
916.303 Determination of incompetency; dismissal of 22
charges.— 23
(1) The charges against any defendant found to be 24
incompetent to proceed due to intellectual disability or autism 25

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HB 569 2026 Legislature

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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

shall be dismissed without prejudice to the state if the 26
defendant remains incompetent to proceed within a reasonable 27
time after such determination, not to exceed 2 years, unless the 28
court in its order specifies its reasons for believing that the 29
defendant will become competent to proceed within the 30
foreseeable future and specifies the time within which the 31
defendant is expected to become competent to proceed. The 32
charges may be refiled by the state if the defendant is declared 33
competent to proceed in the future. 34
(2) If the charges are dismissed and if the defendant is 35
considered to lack sufficient capacity to give express and 36
informed consent to a voluntary application for services and 37
lacks the basic survival and self-care skills to provide for his 38
or her well-being or is likely to physically injure himself or 39
herself or others if allowed to remain at liberty, the agency, 40
the state attorney, or the defendant's attorney shall apply to 41
the committing court to involuntarily admit the defendant to 42
residential services pursuant to s. 393.11. 43
(3) If the defendant is considered to need involuntary 44
residential services for reasons described in subsection (2) 45
and, further, there is a substantial likelihood that the 46
defendant will injure another person or continues to present a 47
danger of escape, and all available less restrictive 48
alternatives, including services in community residential 49
facilities or other community settings, which would offer an 50

ENROLLED
HB 569 2026 Legislature

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

opportunity for improvement of the condition have been judged to 51
be inappropriate, the agency, the state attorney, or the 52
defendant's counsel may request the committing court to continue 53
the defendant's placement in a secure facility pursuant to this 54
part. Any placement so continued must be reviewed by the court 55
at least annually at a hearing. The annual review and hearing 56
must determine whether the defendant continues to meet the 57
criteria described in this subsection and, if so, whether the 58
defendant still requires involuntary placement in a secure 59
facility and whether the defendant is receiving adequate care, 60
treatment, habilitation, and rehabilitation, including 61
psychotropic medication and behavioral programming. Notice of 62
the annual review and review hearing shall be given to the state 63
attorney and the defendant's attorney. A defendant's placement 64
in a secure facility may not exceed the maximum sentence for the 65
crime for which the defendant was charged. 66
Section 3. This act shall take effect July 1, 2026. 67