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- (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 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.
www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0916/Sections/0916.12.html
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Jan 13, 2000 · Because plaintiff fails to point to any evidence or legal support that would indicate the state has consented to be sued in federal court or has in any way waived its immunity, the court hereby dismisses plaintiff's § 1983 claims against the State of Florida and the Florida Department of Law Enforcement.
(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 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.
(6) In any case in which the commission finds probable cause to believe that a complainant has committed perjury in regard to any document filed with, or any testimony given before, the commission, it shall refer such evidence to the appropriate law enforcement agency for prosecution and taxation of costs.
The 2024 Florida Statutes. 48.042 Service on incompetent.—. (a) By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.
Sep 12, 2024 · (a) Proceedings Barred during Incompetency. A person accused of an offense or a violation of probation or community control who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent.
The terms “competent,” “competence,” “incompetent,” and “incompetence,” as used in rules 3.210–3.219, shall refer to mental competence or incompetence to proceed at a material stage of a criminal proceeding.
