COMPETENCE TO PROCEED: HEARING AND

DISPOSITION (a) Admissibility of Evidence. The experts preparing the reports may be called by either party or the court, and additional evidence may be introduced by either party. The experts appointed by the court are deemed court witnesses whether called by the court or either party and may be examined as such by either party. (b) Finding of Competence. The court must first consider the issue of the defendant’s competence to proceed. If the court finds the defendant competent to proceed, the court must enter its order so finding and proceed. (c) Commitment on Finding of Incompetence. If the court finds the defendant is incompetent to proceed, or that the defendant is competent to proceed but that the defendant’s competence depends on the continuation of appropriate treatment for a mental illness or intellectual disability, the court must Florida Rules of Criminal Procedure January 1, 2026 158 consider issues relating to treatment necessary to restore or maintain the defendant’s competence to proceed. (1) The court may order the defendant to undergo treatment if the court finds that the defendant is mentally ill or intellectually disabled and is in need of treatment and that treatment appropriate for the defendant’s condition is available. If the court finds that the defendant may be treated in the community on bail or other release conditions, the court may make acceptance of reasonable medical treatment a condition of continuing bail or other release conditions. (2) If the defendant is incarcerated, the court may order treatment to be administered at the custodial facility or may order the defendant transferred to another facility for treatment or may commit the defendant as provided in subdivision (3). (3) A defendant may be committed for treatment to restore a defendant’s competence to proceed if the court finds that: (A) commitment as set forth by statute; the defendant meets the criteria for (B) there is a substantial probability that the mental illness or intellectual disability causing the defendant’s incompetence will respond to treatment and that the defendant will regain competency to proceed in the reasonably foreseeable future; defendant’s competence to proceed is available; (C) treatment appropriate for restoration of the restrictive than that involving commitment is available; and (D) no appropriate treatment alternative less (E) other mental health services, treatment services, support services, and case management services as described in section 394.67, Florida Statutes, would be inappropriate. Florida Rules of Criminal Procedure January 1, 2026 159 (4) If the court commits the defendant, the order of commitment must contain: (A) findings of fact relating to the issues of competency and commitment addressing the factors set forth in