SB 1326 Florida Senate · 2026 Regular Session

Prosecution of Defendants

Summary
Prosecution of Defendants; Revising the qualifications for an insanity defense; updating reporting requirements for examining experts; revising requirements for dismissal of charges; requiring involuntary commitment for persons found not guilty by reason of insanity in certain circumstances; revising mitigating circumstances for sentencing, etc.
Bill status died 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 22, 2026 Last action Mar 13, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S 1326 Filed S 1326 c1 · 6 edits
MODERATE
The bill was revised to significantly expand the scope of protections for individuals with mental health issues. It broadens the insanity defense to include those who lacked the 'culpable mental state' required for a crime, adds new requirements for dismissing charges against defendants found incompetent to stand trial, and establishes a new process for involuntary commitment of those acquitted by reason of insanity. Additionally, it updates sentencing guidelines to allow for specialized mental health treatment as a mitigating factor while preventing courts from using that treatment to reduce sentences below the statutory minimum.
Scope change
The bill's scope expanded from focusing primarily on the insanity defense and sentencing to include new provisions for dismissing charges against incompetent defendants and mandatory involuntary commitment for those found not guilty by reason of insanity.
ELIGIBILITY

The insanity defense was redefined to allow a defendant to argue they lacked the 'culpable mental state' required for the crime, rather than just being unable to distinguish right from wrong.

Sentencing guidelines were updated to allow specialized mental health treatment as a mitigating circumstance, but explicitly prohibit courts from using this treatment to lower a sentence below the statutory minimum.

REQUIREMENT

New requirements mandate that examining experts must use clinically recognized instruments to detect malingering and report their findings.

ENFORCEMENT

New rules require charges against defendants adjudicated incompetent to stand trial to be dismissed only under specific, strict conditions, such as a duration of incompetence equal to the maximum possible sentence.

A new provision mandates involuntary commitment for defendants acquitted by reason of insanity if they are found to be dangerous to themselves or others.

DEFINITION

The definition of mitigating circumstances was expanded to include severe physical disabilities and severe, persistent mental illnesses unrelated to substance abuse.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
12
Key actions
5
Committee
6
Feb 4, 2026
Upper · Passed
Now in Appropriations Committee on Criminal and Civil Justice
upper
Feb 4, 2026
Upper · Passed
Remaining references corrected to Appropriations Committee on Criminal and Civil Justice; Rules
upper
Feb 4, 2026
Upper · Passed
Pending reference review under Rule 4.7(2) - (Committee Substitute)
upper
Jan 28, 2026
Upper · Passed
On Committee agenda-- Criminal Justice, 02/02/26, 3:30 pm, 37 Senate Building --Motion to Reconsider Adopted
upper
Jan 22, 2026
Introduced
Introduced
upper
Jan 21, 2026
Upper · Passed
On Committee agenda-- Criminal Justice, 01/26/26, 3:30 pm, 37 Senate Building --Pending Reconsideration (Favorable; YEAS 4 NAYS 3)
upper
Jan 16, 2026
Committee
Referred to Criminal Justice; Judiciary; Rules
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jonathan Martin
Jonathan Martin
RRepublican
FL
33