Florida Rule of Criminal Procedure 3.215
RULE 3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY
TO PROCEED: PSYCHOTROPIC MEDICATION
(a) Former Jeopardy. If the defendant is declared
incompetent to stand trial during trial and afterwards declared
competent to stand trial, the defendant’s other uncompleted trial
shall not constitute former jeopardy.
(b) Limited Application of Incompetency Adjudication.
An adjudication of incompetency to proceed shall not operate as an
adjudication of incompetency to consent to medical treatment or for
any other purpose unless such other adjudication is specifically set
forth in the order.
(c) Psychotropic Medication. A defendant who, because of
psychotropic medication, is able to understand the proceedings and
to assist in the defense shall not automatically be deemed
incompetent to proceed simply because the defendant’s satisfactory
mental condition is dependent on such medication, nor shall the
defendant be prohibited from proceeding solely because the
defendant is being administered medication under medical
supervision for a mental or emotional condition.
(1) Psychotropic medication is any drug or compound
affecting the mind, behavior, intellectual functions, perception,
moods, or emotion and includes anti-psychotic, anti-depressant,
anti-manic, and anti-anxiety drugs.
(2) If the defendant proceeds to trial with the aid of
medication for a mental or emotional condition, on the motion of
defense counsel, the jury shall, at the beginning of the trial and in
the charge to the jury, be given explanatory instructions regarding
such medication.
Committee Notes
1980 Adoption. (c) As to psychotropic medications, see
section 916.12(2), Florida Statutes (1980).
(d) This subdivision is intended to provide specific
exceptions to the speedy trial rule.
1988 Amendment. Title. This rule was formerly rule 3.214.
The amendments to this rule, including the title, are designed
to reflect amendments to rules 3.210 and 3.211.
(d) Matters contained in former subsection (d) are covered by
the provisions of rule 3.191. That subsection has therefore been
deleted.
1992 Amendment. The purpose of the amendment is to
gender neutralize the wording of the rule.
Introductory Note Relating to Amendments to Rules 3.210
to 3.219. See notes following rule 3.210 for the text of this note.
TO PROCEED: PSYCHOTROPIC MEDICATION
(a) Former Jeopardy. If the defendant is declared
incompetent to stand trial during trial and afterwards declared
competent to stand trial, the defendant’s other uncompleted trial
shall not constitute former jeopardy.
(b) Limited Application of Incompetency Adjudication.
An adjudication of incompetency to proceed shall not operate as an
adjudication of incompetency to consent to medical treatment or for
any other purpose unless such other adjudication is specifically set
forth in the order.
(c) Psychotropic Medication. A defendant who, because of
psychotropic medication, is able to understand the proceedings and
to assist in the defense shall not automatically be deemed
incompetent to proceed simply because the defendant’s satisfactory
mental condition is dependent on such medication, nor shall the
defendant be prohibited from proceeding solely because the
defendant is being administered medication under medical
supervision for a mental or emotional condition.
(1) Psychotropic medication is any drug or compound
affecting the mind, behavior, intellectual functions, perception,
moods, or emotion and includes anti-psychotic, anti-depressant,
anti-manic, and anti-anxiety drugs.
(2) If the defendant proceeds to trial with the aid of
medication for a mental or emotional condition, on the motion of
defense counsel, the jury shall, at the beginning of the trial and in
the charge to the jury, be given explanatory instructions regarding
such medication.
Committee Notes
1980 Adoption. (c) As to psychotropic medications, see
section 916.12(2), Florida Statutes (1980).
(d) This subdivision is intended to provide specific
exceptions to the speedy trial rule.
1988 Amendment. Title. This rule was formerly rule 3.214.
The amendments to this rule, including the title, are designed
to reflect amendments to rules 3.210 and 3.211.
(d) Matters contained in former subsection (d) are covered by
the provisions of rule 3.191. That subsection has therefore been
deleted.
1992 Amendment. The purpose of the amendment is to
gender neutralize the wording of the rule.
Introductory Note Relating to Amendments to Rules 3.210
to 3.219. See notes following rule 3.210 for the text of this note.