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Florida Statute 916.115 | Lawyer Caselaw & Research
F.S. 916.115 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 916.115

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
View Entire Chapter
F.S. 916.115
916.115 Appointment of experts.
(1) The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to proceed, insanity, involuntary placement, and treatment. The experts may evaluate the defendant in jail or in another appropriate local facility or in a facility of the Department of Corrections.
(a) To the extent possible, the appointed experts shall have completed forensic evaluator training approved by the department, and each shall be a psychiatrist, licensed psychologist, or physician.
(b) The department shall maintain and annually provide the courts with a list of available mental health professionals who have completed the approved training as experts.
(2) The court shall pay for any expert that it appoints by court order, upon motion of counsel for the defendant or the state or upon its own motion. If the defense or the state retains an expert and waives the confidentiality of the expert’s report, the court may pay for no more than two additional experts appointed by court order. If an expert appointed by the court upon motion of counsel for the defendant specifically to evaluate the competence of the defendant to proceed also addresses issues related to sanity as an affirmative defense, the court shall pay only for that portion of the expert’s fees relating to the evaluation on competency to proceed, and the balance of the fees shall be chargeable to the defense.
(a) Pursuant to s. 29.006, the office of the public defender shall pay for any expert retained by the office.
(b) Pursuant to s. 29.005, the office of the state attorney shall pay for any expert retained by the office and for any expert whom the office retains and whom the office moves the court to appoint in order to ensure that the expert has access to the defendant.
(c) An expert retained by the defendant who is represented by private counsel appointed under s. 27.5303 shall be paid by the Justice Administrative Commission.
(d) An expert retained by a defendant who is indigent for costs as determined by the court and who is represented by private counsel, other than private counsel appointed under s. 27.5303, on a fee or pro bono basis, or who is representing himself or herself, shall be paid by the Justice Administrative Commission from funds specifically appropriated for these expenses.
(e) State employees shall be reimbursed for expenses pursuant to s. 112.061.
(f) The fees shall be taxed as costs in the case.
(g) In order for an expert to be paid for the services rendered, the expert’s report and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.
History.s. 1, ch. 80-75; s. 5, ch. 82-176; s. 5, ch. 83-274; s. 25, ch. 84-285; s. 34, ch. 85-167; s. 18, ch. 94-154; s. 1528, ch. 97-102; s. 14, ch. 98-92; s. 58, ch. 2005-236; s. 10, ch. 2006-195.
Note.Former s. 916.11.

F.S. 916.115 on Google Scholar

F.S. 916.115 on Casetext

Amendments to 916.115


Arrestable Offenses / Crimes under Fla. Stat. 916.115
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.115.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WANLESS, v. STATE, 271 So. 3d 1219 (Fla. App. Ct. 2019)

. . . Wanless argues that section 916.115(1)(a), Florida Statutes -which provides that court-appointed experts . . . Although experts appointed pursuant to section 916.115 sometimes testify at trial, see Fla. R. . . .

E. MANUEL, v. STATE, 162 So. 3d 1157 (Fla. Dist. Ct. App. 2015)

. . . report, we find the provisions contained within Florida Rule of Criminal Procedure 3.216(a) and section 916.115 . . . Section 916.115(2), Florida Statutes (2012), also supports the principle that a competency evaluation . . . Pursuant to section 916.115, Florida Statutes, the State may request the trial court to appoint no more . . . See § 916.115, Fla. Stat. . . .

LARKIN, v. STATE, 147 So. 3d 452 (Fla. 2014)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see § 916.115, Fla. . . .

THOMAS, v. STATE, 93 So. 3d 404 (Fla. Dist. Ct. App. 2012)

. . . was incompetent to proceed within the meaning of section 916.12(1), the trial court, under section 916.115 . . .

YANCY, v. STATE, 88 So. 3d 1040 (Fla. Dist. Ct. App. 2012)

. . . regarding the appointment of experts, depending on the nature of the examination, is recognized by section 916.115 . . . Section 916.115 initially states in subsection (1): “The court shall appoint no more than three experts . . .

WILLIAMS, v. STATE, 134 So. 3d 975 (Fla. Dist. Ct. App. 2012)

. . . Appointed counsel filed a notice under section 916.115, Florida Statutes (2009), and Florida Rule of . . .

MADISON, v. STATE, 58 So. 3d 384 (Fla. Dist. Ct. App. 2011)

. . . See § 916.115, Fla. Stat. (2010); also cf. W.Z. v. State, 35 So.3d 51 (Fla. 5th DCA 2010). . . .

TITA, v. STATE, 42 So. 3d 838 (Fla. Dist. Ct. App. 2010)

. . . (amending section 916.115 to eliminate language requiring the court to appoint no fewer than two experts . . . As discussed above, the statute relating to appointment of experts, section 916.115, was amended in 2005 . . . The current statute provides that a court “shall appoint no more than three experts ...” § 916.115(1) . . .

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

. . . See §§ 916.115, et seq., Fla. Stat. . . .

W. Z. a v. STATE, 35 So. 3d 51 (Fla. Dist. Ct. App. 2010)

. . . Mental competency evaluations in criminal proceedings are governed by section 916.115. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. R. ALVARADO,, 946 So. 2d 130 (Fla. Dist. Ct. App. 2007)

. . . trial court based its decision solely upon the written reports of experts appointed pursuant to section 916.115 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. CLEM,, 903 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . See §§ 916.115, 916.12, & 916.13, Fla. Stat. (2003). . . .

OFFICE OF STATE ATTORNEY FOR ELEVENTH JUDICIAL CIRCUIT, v. POLITES, v., 904 So. 2d 527 (Fla. Dist. Ct. App. 2005)

. . . The memorandum states that any experts appointed pursuant to section 916.115(2) are to be paid from either . . . The relevant statutes and rules are sections 29.004(6), 29.005(3) and (4), 916.115, Florida Statutes . . . in a court hearing involving an indigent, and mental health professionals appointed pursuant to s. 916.115 . . . Section 916.115 sets forth the scheme for the appointment of experts: (l)(b) The court may appoint no . . . Section 916.115(1)(b) provides that express grant of statutory authority. V. . . .

B. GASKIN, v. STATE v. v., 798 So. 2d 721 (Fla. 2001)

. . . See Jones, 793 So.2d at 906 (“[W]e determine that section 916.115, Florida Statutes (2000), dictates . . .

MIAMI- DADE COUNTY, v. JONES,, 793 So. 2d 902 (Fla. 2001)

. . . party to submit the names of two experts, but only from the court-approved list, pursuant to section 916.115 . . . After careful review of this chapter, we determine that section 916.115, Florida Statutes (2000), dictates . . . Section 916.115 provides in pertinent part: 916.115 Appointment of experts.— (l)(a).... . . . The County maintains, however, that section 916.115 cannot provide a statutory basis requiring them to . . . thorough review of the issue presented, we conclude that this case is governed by sections 43.28 and 916.115 . . . I concur in the result that this county can be properly required to pay this cost under section 916.115 . . .