The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.105

916.105 Legislative intent.—

(1) It is the intent of the Legislature that the Department of Children and Families and the Agency for Persons with Disabilities, as appropriate, establish, locate, and maintain separate and secure forensic facilities and programs for the treatment or training of defendants who have been charged with a felony and who have been found to be incompetent to proceed due to their mental illness, intellectual disability, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under this chapter. Such facilities must be sufficient to accommodate the number of defendants committed under the conditions noted above. Except for those defendants found by the department or agency to be appropriate for treatment or training in a civil facility or program pursuant to subsection (3), forensic facilities must be designed and administered so that ingress and egress, together with other requirements of this chapter, may be strictly controlled by staff responsible for security in order to protect the defendant, facility personnel, other clients, and citizens in adjacent communities.

(2) It is the intent of the Legislature that treatment or training programs for defendants who are found to have mental illness, intellectual disability, or autism and are involuntarily committed to the department or agency, and who are still under the jurisdiction of the committing court, be provided in a manner, subject to security requirements and other mandates of this chapter, which ensures the rights of the defendants as provided in this chapter.

(3) It is the intent of the Legislature that evaluation and services to defendants who have mental illness, intellectual disability, or autism be provided in community settings, in community residential facilities, or in civil facilities, whenever this is a feasible alternative to treatment or training in a state forensic facility.

(4) It is the intent of the Legislature to minimize and achieve an ongoing reduction in the use of restraint and seclusion on persons who are committed to a civil or forensic facility under this chapter.

History.—s. 30, ch. 85-167; s. 5, ch. 98-92; s. 1, ch. 2006-195; s. 27, ch. 2013-162; s. 308, ch. 2014-19.

F.S. 916.105 on Google Scholar

F.S. 916.105 on Casetext

Amendments to 916.105

Arrestable Offenses / Crimes under Fla. Stat. 916.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VANSMITH, v. STATE, 247 So. 3d 64 (Fla. App. Ct. 2018)

. . . The legislative intent for chapter 916 is stated in section 916.105, Florida Statutes (2017). . . . See § 916.105, Fla. Stat. (1985-2017). . . . Upon examining sections 916.303 and 916.105, we find no evidence of retribution or deterrence. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATE C. Z., 201 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . The provision carries out the intent of the Florida legislature expressed in section 916.105(3) that . . . See § 916.105(3), Fla. . . .

LIZZI, v. STATE, 168 So. 3d 1285 (Fla. Dist. Ct. App. 2015)

. . . Section 916.105, Florida Statutes (2014), provides: (2) It is the intent of the Legislature that treatment . . . wide variety of drugs, which may or may not be used, comports with the intent of the law, as section 916.105 . . .

STATE v. MIRANDA,, 137 So. 3d 1133 (Fla. Dist. Ct. App. 2014)

. . . retarded, or autistic criminal felony defendants who have been found incompetent to proceed, §§ 916.10, 916.105 . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. DALLAS, 38 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . . § 916.105(1), Fla. Stat. . . . First, section 916.105(1) provides: It is the intent of the Legislature that the Department of Children . . . committing court, are committed to the department or agency under the provisions of this chapter. § 916.105 . . .

KENDRICK, v. STATE, 21 So. 3d 122 (Fla. Dist. Ct. App. 2009)

. . . .” § 916.105, Fla. Stat. (1991). . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . Analysis In section 916.105(1), the legislature described the scope of DCF’s responsibilities: It is . . . committing court, are committed to the department or agency under the provisions of this chapter. § 916.105 . . . incompetent to proceed due to mental illness or who have been acquitted of a felony by reason of insanity. § 916.105 . . . Myers, 696 So.2d 863 (Fla. 4th DCA 1997) (granting a writ of certiorari and finding that section 916.105 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. EVERETTE,, 911 So. 2d 119 (Fla. Dist. Ct. App. 2004)

. . . Moreover, section 916.105, explains the legislative intent of the chapter: It is the intent of the Legislature . . . jurisdiction of the committing court, are committed to the department under the provisions of this chapter. § 916.105 . . .

BROWN, v. KEARNEY, 778 So. 2d 541 (Fla. Dist. Ct. App. 2001)

. . . The Department cited section 916.105(3), Florida Statutes (2000) which provides that treatment in community . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS, STATE v. MYERS, BROWARD COUNTY, v. MYERS,, 696 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . recognizes the Florida Department of Health and Rehabilitative Services’ (“HRS”) responsibilities under § 916.105 . . . If HRS had a facility, pursuant to § 916.105(1), Florida Statutes, an inmate would be a patient rather . . . However, since HRS does not have a facility as mandated by § 916.105(1), Florida Statutes, the cost of . . . We turn next to section 916.105(1), Florida Statutes which provides as follows: (1) It is the intent . . . case which is the subject of this petition did in fact provide that HRS was required under section 916.105 . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS,, 675 So. 2d 700 (Fla. Dist. Ct. App. 1996)

. . . arrange for the placement of Myers in a secure community in-patient residential facility recites sections 916.105 . . . Although section 916.105(1) does state that it is the responsibility of HRS to establish, locate, and . . . See § 916.105(1), Fla.Stat. (1995). . . .

QUIALA, v. STATE, 659 So. 2d 287 (Fla. Dist. Ct. App. 1994)

. . . . § 916.105(1), Fla.Stat. (1993). See Department of Health and Rehabilitative Servs. v. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PELZ, Jr., 609 So. 2d 155 (Fla. Dist. Ct. App. 1992)

. . . HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority . . . Section 916.105(1), Florida Statutes (1991), provides in pertinent part: It is the intent of the Legislature . . . Section 916.105(3), Florida Statutes (1991), provides: It is the intent of the Legislature that evaluation . . . As a result, both the legislative intent stated in section 916.105 and the related administrative rules . . . However, the plain language of section 916.105(1) places full discretion in HRS to determine whether . . .