Legal Question in Criminal Law in Florida

If the case was dismissed due to continued incompetency (5 years on a felony 1 year on a misdemeanor), it is dismissed without prejudice meaning it can be re-opened. It is rare though that the state will refile charges. Most of the time when a court finds a person incompetent they send them to competency training and set a status check about 6 months later. If the person is later found to have regained competency (a very low standard) prosecution resumes.