THE BILL ITSELF
HB 569
Forensic Client Services
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An act relating to forensic client services; amending
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s. 916.106, F.S.; revising the definition of "forensic
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client" to include a defendant committed to
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involuntary residential services in a secure facility
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of the Agency for Persons with Disabilities;
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republishing s. 916.303, F.S., relating to
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determination of incompetency; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (9) of section 916.106, Florida
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Statutes, is amended to read:
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916.106 Definitions.—For the purposes of this chapter, the
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term:
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(9) "Forensic client" or "client" means any defendant who
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has been committed to the department or agency pursuant to s.
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916.13, s. 916.15, or s. 916.302, or s. 916.303(3).
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Section 2. Section 916.303, Florida Statutes, is
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republished to read:
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916.303 Determination of incompetency; dismissal of
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charges.—
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(1) The charges against any defendant found to be
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incompetent to proceed due to intellectual disability or autism
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shall be dismissed without prejudice to the state if the
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defendant remains incompetent to proceed within a reasonable
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time after such determination, not to exceed 2 years, unless the
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court in its order specifies its reasons for believing that the
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defendant will become competent to proceed within the
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foreseeable future and specifies the time within which the
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defendant is expected to become competent to proceed. The
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charges may be refiled by the state if the defendant is declared
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competent to proceed in the future.
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(2) If the charges are dismissed and if the defendant is
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considered to lack sufficient capacity to give express and
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informed consent to a voluntary application for services and
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lacks the basic survival and self-care skills to provide for his
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or her well-being or is likely to physically injure himself or
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herself or others if allowed to remain at liberty, the agency,
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the state attorney, or the defendant's attorney shall apply to
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the committing court to involuntarily admit the defendant to
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residential services pursuant to s. 393.11.
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(3) If the defendant is considered to need involuntary
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residential services for reasons described in subsection (2)
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and, further, there is a substantial likelihood that the
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defendant will injure another person or continues to present a
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danger of escape, and all available less restrictive
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alternatives, including services in community residential
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facilities or other community settings, which would offer an
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opportunity for improvement of the condition have been judged to
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be inappropriate, the agency, the state attorney, or the
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defendant's counsel may request the committing court to continue
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the defendant's placement in a secure facility pursuant to this
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part. Any placement so continued must be reviewed by the court
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at least annually at a hearing. The annual review and hearing
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must determine whether the defendant continues to meet the
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criteria described in this subsection and, if so, whether the
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defendant still requires involuntary placement in a secure
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facility and whether the defendant is receiving adequate care,
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treatment, habilitation, and rehabilitation, including
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psychotropic medication and behavioral programming. Notice of
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the annual review and review hearing shall be given to the state
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attorney and the defendant's attorney. A defendant's placement
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in a secure facility may not exceed the maximum sentence for the
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crime for which the defendant was charged.
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Section 3. This act shall take effect July 1, 2026.