rule 3.210(4) above.

(1) This subdivision, which was formerly subdivision (a), has
been amended to reflect changes in rule 3.210 above.

(2) This provision has been amended to reflect the changes
to rule 3.210. In addition, the 11 factors previously numbered (i)
through (xi) have been reduced to 6 factors. Numbers (v), (vi), (vii),
(x), and (xi) have been removed. Those 5 factors were felt to not be
directly related to the issue of a defendant having the mental
capacity to communicate with his or her attorney or to understand
the proceedings against him or her and may have had the effect of
confusing the issues the experts are to address in assessing a
defendant’s competency to proceed. The terms “ability” and
“capacity” which were used interchangeably in the prior version of
this provision have been changed to the single term “capacity” for
continuity. A provision has been added which allows the appointed
expert to also include any other factors deemed relevant to take into
account different techniques and points of view of the experts.

(b) This subdivision, including its 4 subdivisions, is
amended to reflect the changes in rule 3.210. It also expands the
determination from the limited area of whether an incompetent
defendant should be voluntarily committed to treatment to
recommended treatment options designed to restore or maintain
competence. Subdivision (v) has been deleted because consideration
of less restrictive alternatives is addressed in other amendments.
[See rule 3.212(c)(3)(iv).] The amendments further reflect 1985
legislative amendments to chapters 394 and 916, Florida Statutes.

(ii) Appropriate treatment may include maintaining the
defendant on psychotropic or other medication. See rule 3.215.

(c) This provision is amended to take into account the
defense of insanity both at trial and in violation of
probation/community control hearings.

(d) This provision deletes the old language relating to the use
of standardized forms. The new provision, with its 4 subdivisions,
outlines in detail what the written report of an expert is to include,
to ensure the appointed expert understands what issues are to be
addressed, and that the report identifies sources of information,
tests or evaluation techniques used, and includes the findings and
observations upon which the expert’s opinion is based. It requires
the expert to specify those issues on which the expert could not
render an opinion.

(e) This provision is amended to comply with changes in rule
3.210. In addition, the second paragraph has been expanded to
clarify under what circumstances the reports of experts in a
competency evaluation may be discovered by the prosecution and
used as evidence in a hearing other than the hearing on the issue of
a defendant’s competency to proceed.

1992 Amendment. The purpose of the amendments is to
gender neutralize the wording of the rule.

Introductory Note Relating to Amendments to Rules 3.210
to 3.219. See notes following rule 3.210 for the text of this note.