Competent To Stand Trial
Fla. Stat. 916.12 — incompetent to proceed, and no fewer than two experts before commitment
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
The test. A defendant is incompetent to proceed if the defendant lacks sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding, or has no rational, as well as factual, understanding of the proceedings.
The experts. Appointed mental health experts first determine whether the defendant has a mental illness and then consider the competence criteria. A defendant is evaluated by no fewer than two experts before the court commits the defendant or takes other action, except where one expert finds incompetence and the parties stipulate to it. The court may still require a hearing with expert testimony.
Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 916.12 — Mental competence to proceed
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.