(2) shall be dismissed no later than 2 years after a finding if incompetency is due to intellectual disability or autism;
(3) may be dismissed 3 years after a finding, unless a charge is listed in section 916.145, Florida Statutes; or
(4) shall be dismissed after a finding that the defendant has remained incompetent for 5 continuous and uninterrupted years; provided that the court finds that the defendant remains incompetent to stand trial or proceed with a probation or community control violation hearing unless the court in its order specifies its reasons for believing that the defendant is expected to become competent to proceed. A dismissal under this rule shall be without prejudice to the state to refile the charge(s) should the defendant be declared competent to proceed in the future.
(2) If the continuing incompetency is due to intellectual disability or autism, and the defendant either lacks the ability to provide for his or her well-being or is likely to physically injure himself or herself, or others, the defendant may be involuntarily admitted to residential services as provided by law.
