The Florida Senate

916.12  Mental competence to stand trial.--

(1)  A person is incompetent to stand trial within the meaning of this chapter if the person does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the person has no rational, as well as factual, understanding of the proceedings against her or him.

(2)  A defendant who, because of psychotropic medication, is able to understand the nature of proceedings and assist in her or his defense shall not automatically be deemed incompetent to stand trial simply because the defendant's satisfactory mental functioning is dependent upon such medication. As used in this subsection, "psychotropic medication" means any drug or compound used to treat mental or emotional disorders affecting the mind, behavior, intellectual functions, perception, moods, or emotions and includes antipsychotic, antidepressant, antimanic, and antianxiety drugs.

History.--s. 1, ch. 80-75; s. 1529, ch. 97-102.