Whereas, felony criminal cases in which defendants who have been found incompetent to proceed or not guilty by reason of insanity require management by the court according to specialized statutes and rules; and

Whereas, the relative infrequency of these cases has resulted in an unacceptable number of instances of noncompliance with statutory requirements; and

Whereas, the management of these cases would be accomplished more effectively in a specialized division of the court. It is therefore

ORDERED that

1. A new felony court division for Alachua County, Felony Division V (five), will be created by separate administrative order for felony cases in which defendants have been found incompetent to proceed ⁽¹⁾ or found not guilty by reason of insanity.

2. Felony Division V shall be administered by the Administrative Judge of the Family Division. The presiding judge, who shall be designated as the Felony Division V Judge, shall be assigned by the General Assignment of Judges Order.

3. When an order determining that a defendant is incompetent to proceed or is found not guilty by reason of insanity in an Alachua County felony criminal case, the order will also direct the Clerk of Court to transfer the case to the Felony Division V. The Court Administrator's Office will identify cases in Alachua County where either an order has already been entered finding the defendant incompetent to proceed or not guilty by reason of insanity and provide this information to the appropriate judges for entry of an order transferring those cases to Felony Division V.

4. Copies of orders finding that a defendant is incompetent to proceed or not guilty by reason of insanity entered in regional counties shall be sent to the Felony Division V Judge by the judicial assistant for management and quality control purposes. The Court Administrator's Office will identify those cases in the regional counties where such orders have been previously entered and provide that information to the Felony Division V Judge.

5. The Felony Division V Judge is assigned as a back-up judge to hear or decide issues involving the competency of a defendant.

6. The Felony Division V Judge shall monitor the cases assigned to Felony Division V and ensure that the cases are in compliance with the relevant rules and statutes, see §§ 916.12, 916.13, 916.15, 916.3012, 916.302, Fla. Stat.; and Fla. R. Crim. Proc. 3.210, 3.217. Hearings and other proceedings in these divisions will be conducted in the Criminal Justice Center of the Alachua County Courthouse.

7. All orders declaring a defendant competent to proceed shall include language that will ensure that the defendant's treatment regimen be continued to maintain the competency of the defendant. The specific language to be included in the order shall be formulated by the Felony Division V Judge.

8. The Felony Division V Judge is designated to create and maintain a list of approved forensic evaluators, §§916.115 and 916.301, Fla. Stat., together with such data regarding the compliance of those evaluators with statutory requirements as may be provided from time to time by the Department of Children and Families.

9. The Felony Division V Judge shall maintain current felony and juvenile "Forensic Forms" for use on a circuit wide basis to ensure uniformity.

10. The Felony Division V Judge shall organize or maintain a committee comprised of appropriate members whose function will be to manage the process of maintaining an acceptable level of knowledge, skill and performance among forensic evaluators, attorneys, judges and service providers working in the field of forensic mental health in the Eighth Judicial Circuit.

11. This order will take effect on July 7, 2003.

ORDERED on June 3, 2003.
 

____/s/___________________________

STAN R. MORRIS, CHIEF JUDGE

1. A defendant can be found incompetent to proceed due to either mental illness, see definition in §916.106(11), Fla. Stat., or retardation or autism, see definitions in §916.106(1), Fla. Stat., (autism) and §916.106 (12) (retardation).