The Florida Senate

SB 1326: Prosecution of Defendants

GENERAL BILL by Martin

Prosecution of Defendants; Specifying that it is a defense to a prosecution under any law that a defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged; requiring an expert examining a defendant’s mental competence to proceed to administer a clinically recognized instrument to determine whether the defendant is malingering and include the results in his or her report; revising a mitigating circumstance under which a departure from the lowest permissible sentence is reasonably justified; authorizing the incorporation into a convicted defendant’s criminal sentence certain specialized treatment for mental health disease or defects, etc.

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• Bill History

  Date	Chamber	Action
  1/7/2026	Senate	• Filed
  1/16/2026	Senate	• Referred to Criminal Justice; Judiciary; Rules
  1/21/2026	Senate	• On Committee agenda-- Criminal Justice, 01/26/26, 3:30 pm, 37 Senate Building

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• SB 1326, Original Filed Version (Current Bill Version) Posted 1/7/2026 at 12:08 PM

  Bill Text:	Web Page | PDF

  Analyses:	None

  Related Bills (1)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location	Track Bills
  H 1505	Prosecution of Defendants	Weinberger	Identical	Last Action: 1/15/2026 H Now in Criminal Justice Subcommittee

  Citations - Statutes (4)

  Citation	Catchline	Location in Bill Location In Bill Help
  775.027	Insanity defense.	Page 2 (pdf)
  916.12	Mental competence to proceed.	Page 3 (pdf)
  921.0026	Mitigating circumstances.	Page 3 (pdf)
  921.245		Page 4 (pdf)

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