Florida/Georgia Personal Injury & Workers Compensation

...r with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla....

...to consult with his lawyer with a reasonable degree of rational understanding" and "a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla....

...ls the information that must be addressed in the examining expert's written report. The rule also provides procedures for the examining expert in the event that a defendant is found incompetent to proceed. These procedures have also been codified in section 916.12, Florida Statutes (2006)....

...al understanding— and whether he has a rational as well as factual understanding of the proceedings against him." Peede v. State, 955 So.2d 480, 488 (Fla.2007) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); § 916.12(1), Fla....

...ng—and whether he has a rational as well as a factual understanding of the proceedings against him.'" Hardy v. State, 716 So.2d 761, 763-64 (Fla.1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla.Stat....

...thin the meaning of this chapter if he does not have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or if he has no rational, as well as factual, understanding of the proceedings against him. § 916.12(1), Fla....

...Muhammad's pleadings and behavior both before and after the determination of competency clearly indicate he had "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [and had a] rational, as well as factual, understanding of the proceedings against him." § 916.12(1), Fla....

...with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as a factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla....

...Drope v. Missouri, 420 U.S. 162, 171, 95 S.Ct. 896, 903, 43 L.Ed.2d 103 (1975); see also Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); Scott v. State, 420 So.2d 595 (Fla. 1982); Lane v. State, 388 So.2d 1022 (Fla. 1980); § 916.12, Fla....

...wyer with a reasonable degree of rational understanding-and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla....

...and whether he has a rational as well as a factual understanding of the pending collateral proceedings." Hardy v. State, 716 So.2d 761, 763 (Fla.1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla....

...his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as a factual understanding of the proceedings against him." Dusky v. *764 United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla....

...ng—and whether he has a rational as well as a factual understanding of the proceedings against him.'" Hardy v. State, 716 So.2d 761, 763-64 (Fla.1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla....

...ith his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as a factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla....

...On March 5, 2007, counsel for Reilly and counsel for the State stipulated to the "findings and the treatment recommendations of the October 25, 2006[sic] forensic competency evaluation provided to the Court by Dr. Paul S. Kling." This stipulation was entered pursuant to section 916.12(2), Florida Statutes (2006), which permits the trial court to adjudicate a person incompetent if the parties stipulate to a finding of incompetence by one mental health expert....

...present rational and factual understanding of the proceedings against him. Accordingly, it did not provide competent, substantial evidence to support the trial court's finding that Reilly was presently incompetent to proceed. While we recognize that section 916.12(2) permits the trial court to adjudicate a defendant incompetent based on the stipulation of the parties to one mental health expert's findings, we do not believe that section 916.12(2) permits the court to rely on a stipulation to an expert's report that is so stale that it no longer speaks to the defendant's present competence....

...(e) This sectionsubdivision provides for the confidentiality of the information obtained by virtue of an examination of the defendant pursuant to this sectionsubdivision. Cf. § 90.108, Fla. Stat. (1979); Rule Fla.R.Civ.P. 1.330(6), Fla.R.Civ.P. Section 925.22916.12, Florida Statutes (Supp. 1980), [designated as Fla.St. 1980, Supp. § 916.12] is a companion statute relating to mental competence to stand trial....

...ion 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 925.22(b)916.12(2), Florida Statutes (1980) [designated as Fla. St. 1980, Supp. § 916.12(b)]....

...if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.” §' 916.12(1), Fla....

...as having a personality disorder, a competency determination is essential to ensure that his constitutional rights are protected and to protect the integrity of the process. However, this is neither supported by case law nor by the Florida Statutes. Section 916.12(1), Florida Statutes (2006), provides that a defendant is incompetent to proceed if he does not have the present ability to consult with his attorney with a reasonable degree of rational understanding or if the defendant has no rational as well as factual understanding of the proceedings against him....

...We agree with the trial court that Defendant’s described courtroom behaviors were unusual and raised concerns about her competency to proceed. However, there are clearly established procedures that must be followed when a defendant’s competency is questioned. To make this determination, section 916.12(2) states that the defendant shall be evaluated by no fewer than two experts before the court takes any action under chapter 916 or the rules of criminal procedure....

...Here, only one expert was appointed and he was-unable to examine or evaluate Defendant on a single occasion. Nothing in the record indicates that Dr. Williamson made any further attempt to evaluate her, nor did he advise the trial court that any further efforts would be futile. Both section 916.12(2)-(4) and rule 3.211(a) state that the experts shall examine the defendant and mandate the contents and findings that are necessary in the experts’ reports. § 916.12(3)-(4), Fla....

...th his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla....

...Appeal From Incompetency Determination Moot The notice of appeal which initiated these proceedings was filed before the final judgment of conviction was entered. Cf. Jones v. State, 423 So.2d 520 (Fla. 5th DCA 1982). Insofar as the order that has been appealed was entered under section 916.12(1), Florida Statutes (1991), [2] and adjudicated appellant incompetent to stand trial, it is an interlocutory order, which is not subject to appeal under Florida Rule of Appellate Procedure 9.140(b)(1)....

...[2] person is incompetent to stand trial ... if [s]he does not have sufficient present ability to consult with h[er] lawyer with a reasonable degree of rational understanding or if [s]he has no rational, as well as factual, understanding of the proceedings against h[er]. § 916.12(1), Fla....

...A person is incompetent to stand trial if he does not have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or if he has no rational, as well as factual, understanding of the proceedings against him. Section 916.12(1), Florida Statutes (1985); Rule 3.211(a), Fla.R....

...Bortnick's opinion, standing alone, is insufficient to support the trial judge's order. We disagree. Contrary to DCF's position, nothing in the statutes requires that a majority of the appointed experts find the accused incompetent to stand trial. See §§ 916.115, 916.12, & 916.13, Fla....

...Bortnick opined that Clem was incompetent, he should have "included specific findings regarding the possibility of restoring him to competency, the treatment that was needed to restore competency and the need for a secure or less restrictive commitment." See § 916.12(4), Fla. Stat. (2003). Section 916.12(4) provides: (4) If the experts should find that the defendant is incompetent to proceed, the experts shall report on any recommended treatment for the defendant to attain competence to proceed....

...ndant's attaining competence under the treatment recommended, an assessment of the probable duration of the treatment required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future. § 916.12(4), Fla. Stat. (2003). Dr. Bortnick's report did not specifically address the criteria set forth in section 916.12(4)....

...ogram determines that a criminal defendant no longer meets the criteria for continued placement, the administrator is to file a report with the trial court. Consequently, although Dr. Bortnick's report should have addressed the criteria set forth in section 916.12(4) in more detail, the fact remains that in light of section 916.13(2), DCF cannot tenably argue that the trial court's order causes it irreparable harm for purposes of certiorari since under this provision, the administrator of Clem's...

...eive treatment. We therefore grant the writ to the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17(2) option. While it may be advisable to have defendant evaluated once again for competency under section 916.12(2), the previous evaluating doctors both opined that this defendant was in need of treatment available only through commitment....

...th a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding *1254 of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla....

...e concluded, as it did, that the defendant Jones had a "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and had a "rational, as well as factual, understanding of the proceedings against him." § 916.12(1), Fla....

...ing — and whether he has a rational as well as a factual understanding of the proceedings against him." Hardy v. State, 716 So.2d 761, 764 (Fla. 1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla....

...whether he has a rational as well as a factual understanding of the pending collateral proceedings.” Hardy v. State, 716 So.2d 761, 763 (Fla.1998) (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (2010); Fla. R.Crim. P. 3.211(a)(1); Fla. R.Crim. P. 3.851(g)(8)(A). Section 916.12(3), Florida Statutes (2010), provides that an expert examining a defendant for competence to proceed shall consider the defendant’s capacity to appreciate the charges or allegations against him; appreciate the range and nature of pos...

...cedure 3.212(d). [1] We write to explain our reasoning in this instance. If there is an issue regarding a defendant's competency, at least two mental health experts must examine the defendant to determine whether he is competent to proceed to trial. § 916.12(2)....

...In order for the experts to be paid for the services rendered, the reports and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure. The nature and scope of the competency evaluation is outlined in the following provisions of section 916.12, Florida Statutes (2000)....

...First, both the statute and the rule have the same criteria for determining competency to proceed (i.e., whether the person has the sufficient present ability to consult with counsel and whether the person has a rational and factual understanding of the proceedings). Compare § 916.12(2), Fla....

...Second, the statute and rule overlap with respect to the relevant factors to be considered by the expert in making determinations and drafting reports (e.g., whether the person understands the adversarial nature of the process and whether he or she is able to disclose to counsel facts pertinent to the proceeding). Compare § 916.12(3), Fla....

...Finally, both the statute and the rule define the scope of the expert's report by delineating the same factors to be included in the report (i.e., the expert must report on the mental condition causing the incompetency, possible treatments, and the defendant's likelihood of attaining competence). Compare § 916.12(4), Fla....

...equires consideration of the same factors, and contains the same parameters for the expert's evaluative report. As a result, it would be difficult to find that the County, which is clearly responsible for competency evaluations conducted pursuant to section 916.12, is not similarly obligated for the expert witness fees incurred during competency evaluations authorized by rule 3.851(d), which are fundamentally designed to protect the identical interests recognized under the statutory provisions....

...While the defendant was incarcerated, he was evaluated by three psychologists, Dr. Gustavo Fonte, Dr. Elsa Marban, and Dr. Marie DeFeo, to determine whether the defendant was competent to proceed. In evaluating the defendant’s competency, each of the psychologists- considered the factors articulated in section 916.12(3)(a)-(f), Florida Statutes (2011), including whether the defendant had the capacity to: appreciate the charges or allegations; appreciate the range and nature of possible penalties; understand the adversarial nature of the legal proce...

...A defendant is incompetent to proceed if he “does not have sufficient present ability to consult with [his] lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceeding against [him].” § 916.12(1) (pertaining to mentally ill defendants); § 916.3012(1) (pertaining to a “defendant whose suspected mental condition is retardation or autism”); see also Fla....

...e imposed in the proceedings against the defendant. (c) Understand the adversarial nature of the legal process. (d) Disclose to counsel facts pertinent to the proceedings at issue. (e) Manifest appropriate courtroom behavior. (f) Testify relevantly. § 916.12(3) (relating to mentally ill defendant); § 916.3012(3) (relating to defendants who are retarded or autistic); see also Fla. R. Crim. P. 3.211(a)(2) (2011) (relying on materially the same factors as set forth in sections 916.12(3) and 916.3012(3)). Further, the expert “shall consider and include in his or her report any other factor deemed relevant by the expert.” § 916.12(3) (relating to mentally ill defendants); § 916.3012(3) (relating to defendants who are retarded or autistic)....

...under the treatment [or training] recommended, an assessment of the probable duration of the treatment [or training] required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future. § 916.12(4) (emphasis added); § 916.3012(4) (emphasis added)....

...level.” Based on Dr. Fonte’s finding that the defendant was incompetent to proceed, the trial court appointed Drs. Marban and DeFeo, specifically directing them to determine whether the defendant met the criteria of incompetence to proceed under section 916.12, which only relates to mental illness....

...Rather, a defendant is incompetent to proceed only if he does not have the sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against him. § 916.12(1); Fla....

...ry commitment. We, therefore, reverse the orders under review and remand for further evaluations of the defendant and the submission of reports *1141 that comply with the current version of Chapter 916 of the Florida Statutes, specifically, sections 916.12(4) and 916.3012(4)....

...from neglect or refuse to care for herself or himself and such neglect or refusal poses a real and present threat of substantial harm to the defendant’s well-being[J Section 916.13(l)(a)l. . The bracketed language reflects the differences between section 916.12(4) regarding treatment for mental illnesses and section 916.3012 regarding training for retardation (intellectual disability) or autism....

...etent to proceed and unable to assist collateral counsel. In addition, the trial court ordered that Watts be transferred and committed to CMHI. 3 The trial court found that Watts satisfied the criteria for involuntary hospitalization as set forth in section 916.12, Florida Statutes (1999), 4 and section 394.467(1), Florida *228 Statutes (1999), 5 also known as “The Baker Act.” The court instructed the administrator of CMHI to advise the court when Watts was restored to competency or no longer qualified for involuntary commitment....

....Chapter 916, entitled "Mentally Deficient and Mentally, Ill Defendants,” sets forth specific procedures for defendants found incompetent to proceed due to their mental illness. To be found mentally incompetent, the defendant must satisfy the criteria set forth in section 916.12, entitled "Mental competence to proceed,” which provides in pertinent part: *228 (1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with h...

...The test for whether a defendant is competent to stand trial is "whether the defendant has sufficient present ability to consult with counsel with a reasonable degree of rational understanding and whether the defendant has a rational, as well as factual, understanding of the pending proceedings." See § 916.12(1), Fla....

...t to Proceed and Request for Hearing.” In the motion, defense counsel asserted that “[t]he Office of the Public Defender is in the process of conducting confidential psychiatric evaluations. These evaluations will be conducted in compliance with section 916.12, Florida Statutes (2010) and Rule 3.211, Florida Rules of Criminal Procedure.” One of the confidential experts privately retained by Manuel is Dr....

...all proceedings under section 916.15. Id. at 411. The court concluded that both section 916.15 and rule 3.218 require a judicial hearing only if requested. Id. We see no good reason, and HRS has provided us none, to treat a defendant committed under 916.12 (as in the instant case) differently from a defendant committed under 916.15 (as in Johnson v....

...se of any person admitted pursuant to this chapter. This legislative intent of circuit court supervision is understandable since a defendant's incompetence to proceed to trial involves issues different from the concerns addressed in chapter 394. See § 916.12....

...order continued commitment or treatment for a period not to exceed one year. When the defendant is retained by the facility, the same procedure shall be repeated prior to the expiration of each additional one-year period of extended commitment. [3] Section 916.12(1) provides: (1) A person is incompetent to stand trial within the meaning of this chapter if he does not have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or if he has no rational, as well as factual, understanding of the proceedings against him....

...4th DCA 2006), with the same instructions contained in that opinion: We therefore grant the writ to the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17(2) option. While it may be advisable to have defendant evaluated once again for competency under section 916.12(2), the previous evaluating doctors both opined that this defendant was in need of treatment available only through commitment....

...filed the motion, attaching a report by Dr. Werner, who, at the request of defense counsel, evaluated Boatman for the stated purpose “of opining on competency to proceed.” In her report, Dr. Werner addressed the statutorily enumerated competence factors in section 916.12(3), Florida Statutes (2019)....

PER CURIAM. Affirmed. Mines v. State, 390 So.2d 332 (Fla.1980), cert. denied, 451 U.S. 916 , 101 S.Ct. 1994 , 68 L.Ed.2d 308 (1981); § 916.12(2), Fla.Stat....

...if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has *211 no rational, as well as factual, understanding of the proceedings against her or him.” § 916.12(1), Fla....

...(“BBHC”) seeks certiorari review of an order placing Mertileine Genestant, a criminal defendant, in the custody of BBHC’s contracted network provider, Broward Regional Health Planning Counsel, Inc. (“the provider”), for competency restoration services pursuant to section 916.12, Florida Statutes (2017)....

...(Competence to Proceed: Scope of Examination and Report), 3.212 (Competence to Proceed: Hearing and Disposition), 3.704 (The Criminal Punishment Code), and 3.992 (Criminal Punishment Code Scoresheet). 1 The amendments reflect changes to sections 916.12, 916.13, 921.0024, and 775.0823, Florida Statutes, made by 1....

...Florida Rules of Criminal Procedure as proposed by the Committee, with slight modification. The more significant revisions are discussed below. First, subdivisions (b) and (c) of rule 3.211 are amended with language from the statutory changes to section 916.12(4)(b) and (c), Florida Statutes....

...However, the Florida Statutes and this Court’s procedural rules governing the appointment of experts to evaluate competency address mental competence to proceed and require experts to detail specific findings regarding the defendant’s mental capacity—findings that were made by the expert in this case. See § 916.12, Fla....

...refuse to care for herself or himself and such neglect or refusal poses a real and present threat of substantial harm to the defendant’s well-being; or 1 §§ 784.03(1)(a), 784.08(2)(c), Fla. Stat. (2017). 2 Section 916.12(2), Florida Statutes (2017), provides that a defendant “must be evaluated by no fewer than two experts before the court commits the defendant ....

standard of insanity to preclude sentencing. Section 916.12(1), Florida Statutes (1981), provides: A person

...The seven most common psychotic disorders are schizophrenia, bipolar disorder, depression, psychotic depression, attention deficit/hyperactivity disorder, anxiety, obsessive compulsive disorder, and panic disorder. Id. There is no definition of psychotropic medication in chapter 39, Florida Statutes. But see § 916.12(5), Fla....

...Bock Laundry Machine Company and find that ‘[w]e are confronted here with a statute which, if interpreted literally, produces an absurd . . . result.’ 490 U.S. 504, 527 (1989) (Scalia, J., concurring) . . . .”). The purpose of requiring a defendant to undergo treatment is to restore competency. See § 916.12(4), Fla. Stat. (2019); Fla. R. Crim. P. 3.212(c). Section 916.12(4) states, “If an expert finds that the defendant is incompetent to proceed, the expert shall report on any recommended treatment for the defendant to attain competence to proceed.” (emphasis added)....

...The central basis for the motion was that the defendant was under the influence of a psychotropic drug during the trial. Even if true, this could form no basis for a reasonable belief that the defendant was mentally incompetent to stand trial. See § 916.12, Fla.Stat....

incompetent to proceed within the meaning of section 916.12(1), the trial court, under section 916.115(1)

...Miller's pleas to specified periods of probation and scheduled a sentencing hearing to be held thirty days later. However, between the time of the plea agreement and sentencing, Mr. Miller (for reasons not entirely clear from the record) fell into a lengthy period of legal incompetence. See § 916.12, Fla....

...adequate mechanism to monitor the defendant’s condition. 1 1 The competency statutes and rules are designed to assist courts in this regard. Mental health experts are required to report on any recommended treatment and the availability of treatment in different settings. See § 916.12(4), Fla....

...rational understanding—and whether he has a rational as well as a factual understanding of the pending collateral proceedings.” Alston v. State, 894 So. 2d 46, 54 (Fla. 2004) (quoting Hardy v. State, 716 So. 2d 761, 763 (Fla. 1998)); see also § 916.12(1), Fla....

...rational understanding—and whether he has a rational as well as a factual understanding of the pending collateral proceedings.” Alston v. State, 894 So. 2d 46, 54 (Fla. 2004) (quoting Hardy v. State, 716 So. 2d 761, 763 (Fla. 1998)); see also § 916.12(1), Fla....

...B. Part II of Chapter 916, Florida Statutes, governs forensic services for those who are mentally ill. As applied to the case sub judice, first the trial court was required to determine if Elvey was incompetent to proceed. As defined by section 916.12, he would be incompetent to proceed if he “does not have sufficient present ability to consult with . . . his lawyer with a reasonable degree of rational understanding or if [he] has no rational, as well as factual, understanding of the proceedings against . . . him.” See § 916.12(1), Fla....

...to be inappropriate.” See § 916.13(l)(b), Fla. Stat. (2011). If there is an issue regarding a defendant’s competency, at least two mental health experts must examine the defendant to determine whether he or she is competent to proceed to trial. § 916.12(2)....

properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule

properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule

...Schofield has requested, we need not consider his alternative petition for certiorari and dismiss it as moot. 7 proceeded against while incompetent."). Florida statutes now codify the substantive inquiries that underlie a competency determination. See generally § 916.12. Florida statutes also provide a mechanism through which an incompetent defendant may be committed and provided treatment for the purpose of restoring his or her competency....

...as well as [a] factual understanding of the proceedings against him.” Hardy v. State, 716 So.2d 761, 763 (Fla.1998) (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)); Muhammad v. State, 494 So.2d 969 (Fla.1986); § 916.12(1), Fla....

...cent competency evaluation in the record, were facts sufficient to create reasonable grounds to question whether the defendant was competent to stand trial. See Muhammad, 494 So.2d at 973 ; Sampson v. State, 88 So.3d 209 (Fla. 3d DCA 2011); see also § 916.12(1), Fla....

...s expressed concerns corn- *620 bined to create reasonable grounds to require the trial court to conduct a competency hearing after ordering and receiving a new competency evaluation. See Brockman v. State, 852 So.2d 330 (Fla. 2d DCA 2003); see also § 916.12(1), Fla....

...degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.'" Peede v. State, 955 So. 2d 480, 488 (Fla. 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)); accord § 916.12(1), Fla....