Florida legislation · 2026 Regular Session
Florida S1326: Prosecution of Defendants
Status: Failed, March 13, 2026
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.
What the bill says
An act relating to the prosecution of defendants; amending s. 775.027, F.S.; revising the qualifications for an insanity defense; amending s. 916.12, F.S.; updating reporting requirements for examining experts; amending s. 916.145, F.S.; revising requirements for dismissal of charges; amending s. 916.15, F.S.; requiring involuntary commitment for persons found not guilty by reason of insanity in certain circumstances; amending s. 921.0026, F.S.; revising mitigating circumstances for sentencing; providing an effective date.
From the introduced text, February 4, 2026:
A bill to be entitled An act relating to the prosecution of defendants; amending s. 775.027, F.S.; revising the qualifications for an insanity defense; amending s. 916.12, F.S.; updating reporting requirements for examining experts; amending s. 916.145, F.S.; revising requirements for dismissal of charges; amending s. 916.15, F.S.; requiring involuntary commitment for persons found not guilty by reason of insanity in certain circumstances; amending s. 921.0026, F.S.; revising mitigating circumstances for sentencing; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.âSection 775.027, Florida Statutes, is amended to read: 775.027âInsanity defense.â (1)âAFFIRMATIVE DEFENSE.âAll persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when the defendant had a mental infirmity, disease, or defect and because of this condition, the defendant did not know what he or she was doing or its consequences. [DELETED: :] [DELETED: (a)âThe defendant had a mental infirmity, disease, or] [ and] [DELETED: (b)âBecause of this condition, the defendant:] [DELETED: 1.âDid not know what he or she was doing or its] [ or] [DELETED: 2.âAlthough the defendant knew what he or she was doing and] [DELETED: its consequences, the defendant did not know that what …