RULE 3.217. JUDGMENT OF NOT GUILTY BY REASON OF
INSANITY; DISPOSITION OF DEFENDANT

(a) Verdict of Not Guilty by Reason of Insanity. When a
person is found by the jury or the court not guilty of the offense or
is found not to be in violation of probation or community control by
reason of insanity, the jury or judge, in giving the verdict or finding
of not guilty judgment, shall state that it was given for that reason.

(b) Treatment, Commitment, or Discharge after
Acquittal. When a person is found not guilty of the offense or is
found not to be in violation of probation or community control by
reason of insanity, if the court then determines that the defendant
presently meets the criteria set forth by law, the court shall commit
the defendant to the Department of Children and Families or shall
order outpatient treatment at any other appropriate facility or
service, or shall discharge the defendant. Any order committing the
defendant or requiring outpatient treatment or other outpatient
service shall contain:
(1) findings of fact relating to the issue of commitment
or other court-ordered treatment;

(2) copies of any reports of experts filed with the court;
and

(3) any other psychiatric, psychological, or social work
report submitted to the court relative to the mental state of the
defendant.

Committee Notes

1980 Adoption.

(a) Same substance as in prior rule.

(b) The criteria for commitment are set forth in chapter 394,
Florida Statutes. This rule incorporates those statutory criteria by
reference and then restates the other alternatives available to the
judge under former rule 3.210.

See section 912.18, Florida Statutes, for criteria.

(1) This subdivision is equivalent to rule 3.212(b)(2); see
commentary to that rule.

1988 Amendment. The amendments to this rule provide for
evaluation of a defendant found not guilty by reason of insanity in
violation of probation or community control proceedings as well as
at trial. The amendments further reflect 1985 amendments to
chapter 916, Florida Statutes.

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.