(b) Finding of Competence. The court must first consider the issue of the defendant’s competence to proceed. If the court finds the defendant competent to proceed, the court must enter its order so finding and proceed.
(c) Commitment on Finding of Incompetence. If the court finds the defendant is incompetent to proceed, or that the defendant is competent to proceed but that the defendant’s competence depends on the continuation of appropriate treatment for a mental illness or intellectual disability, the court must consider issues relating to treatment necessary to restore or maintain the defendant’s competence to proceed.
(2) If the defendant is incarcerated, the court may order treatment to be administered at the custodial facility or may order the defendant transferred to another facility for treatment or may commit the defendant as provided in subdivision (3).
(3) A defendant may be committed for treatment to restore a defendant’s competence to proceed if the court finds that:
(B) there is a substantial probability that the mental illness or intellectual disability causing the defendant’s incompetence will respond to treatment and that the defendant will regain competency to proceed in the reasonably foreseeable future;
(C) treatment appropriate for restoration of the defendant’s competence to proceed is available;
(D) no appropriate treatment alternative less restrictive than that involving commitment is available; and
(E) other mental health services, treatment services, support services, and case management services as described in section 394.67, Florida Statutes, would be inappropriate.
(B) copies of the reports of the experts filed with the court under the order of examination;
(C) copies of any other psychiatric, psychological, or social work reports submitted to the court relative to the mental state of the defendant; and
(D) copies of the charging instrument and all supporting affidavits or other documents used in the determination of probable cause.
(6) The treatment facility must admit the defendant for hospitalization and treatment and may retain and treat the defendant. No later than 60 days from the date of admission, the administrator of the facility must file with the court a report that addresses the issues and considers the factors set forth in rule 3.211, with copies to all parties. If, at any time during the 60 day period or during any period of extended commitment that may be ordered under this rule, the administrator of the facility determines that the defendant no longer meets the criteria for commitment or has become competent to proceed, the administrator must notify the court by such a report, with copies to all parties.
(B) If, on consideration of a motion filed by counsel for the defendant or the prosecuting attorney and any information offered the court in support thereof, the court has reasonable grounds to believe that the defendant may have regained competence to proceed or no longer meets the criteria for commitment, the court must order the administrator of the facility to report to the court on such issues, with copies to all parties, and must order a hearing to be held on those issues.
(8) If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed.
(9) If, after any such hearing, the court determines that the defendant remains incompetent to proceed but no longer meets the criteria for commitment, the court shall proceed as provided in rule 3.212(d).