Florida legal term
Incompetent to proceed in Florida Criminal Law
Current through 2026 Florida legislative session
In Florida criminal law, “Incompetent to proceed” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Florida criminal code.
What does “Incompetent to proceed” mean in Florida criminal law?
“Incompetent to proceed” means unable to proceed at any material stage of a criminal proceeding, which includes the trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violation of probation or violation of community control, sentencing, and hearings on issues regarding a defendant’s failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered. (Fla. Stat. § 916.106)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.