Florida lawmakers are considering major changes to the insanity defense. Here is what that could mean for criminal cases.
Florida lawmakers are considering proposals that would reshape one of the most misunderstood parts of criminal law: the insanity defense.
If you or a loved one is facing criminal charges and mental health is part of the story, these changes matter, even if they are not law yet.
What the insanity defense is in Florida today
Right now, Florida law allows a person to raise insanity as an affirmative defense. In simple terms, the defense is meant for rare situations where, because of a serious mental illness or defect at the time of the alleged offense, the person either:
did not understand what they were doing or what the consequences were, or
understood what they were doing, but did not understand it was wrong.
Florida also puts the burden on the defendant to prove insanity by a high evidentiary standard.
What the proposed bills would change
The proposals would remove Florida’s current “insanity” affirmative defense and replace it with a narrower approach focused on whether a person had the mental state required for the crime.
The key difference: “insanity” vs. “no intent”
Under today’s standard, the focus is on whether the person could understand what they were doing or whether it was wrong.
Under the proposed change, the focus shifts to whether the prosecutor can prove the mental state required by the crime, such as intentionally, knowingly, or recklessly, and whether a mental disease or defect prevented that mental state.
That may sound similar, but in practice it can be harder to use successfully because:
Many crimes are easier to prove without showing a complicated mental state.
Some charges require only general intent, meaning the state does not have to prove a detailed purpose or mindset.
A person can be severely mentally ill and still be found to have formed the required intent, depending on the facts.
Why this matters for Florida criminal cases
Even if these proposals do not become law, it is helpful to understand what is at stake, because public debate around “insanity” often creates confusion.
Here are a few practical takeaways.
1) Mental health evidence would not disappear, but the path would be narrower
Under the proposed approach, mental illness evidence could still matter, but mainly in arguing that the required mental state for the charge was not present. The “insanity” label would be removed and replaced with a different legal concept.
2) Early case strategy would matter even more
If the defense becomes primarily about intent, then the defense strategy often needs to be built early around:
which charge(s) the state files
what mental state the state must prove for each charge
what expert evaluations support the defense
what facts show the person’s mental condition at the time
3) Experts and evaluations would still be central
In cases where mental health is a factor, expert evaluations are often a major part of the defense. That would remain true under a more intent-focused framework.
4) Sentencing and treatment may still be part of the conversation
Even when mental illness is not used as a complete defense, it can still play a role in resolving a case, negotiating outcomes, or seeking treatment-focused options when they are available.
What to do if mental health is involved in your case
If you are under investigation or have been arrested and mental health played a role, a few steps can protect you:
Do not discuss the facts of the incident with anyone besides your lawyer.
Tell your attorney about diagnoses, medications, prior hospitalizations, and any recent changes in treatment.
Share the names of providers and facilities so records can be requested the right way.
Avoid posting about the incident or your mental state online.
Most importantly, do not assume that “insanity” is a simple or common defense. These cases are technical, fact-specific, and should be handled carefully from the start.
Talk to a Florida criminal defense lawyer about your options
If you have questions about how mental health defenses work in Florida, or how a potential change in the law could affect your case, Mazin Law can help you understand your options and build a strategy that fits the facts.
This article is for general information only and is not legal advice.