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Florida Statute 916.16 | Lawyer Caselaw & Research
F.S. 916.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 916.16

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. 916.16
916.16 Jurisdiction of committing court.
(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.
(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.
History.s. 1, ch. 80-75; s. 7, ch. 83-274; s. 20, ch. 98-92; s. 15, ch. 2006-195.

F.S. 916.16 on Google Scholar

F.S. 916.16 on Casetext

Amendments to 916.16


Arrestable Offenses / Crimes under Fla. Stat. 916.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.16.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PHILLIPS, v. STATE, 178 So. 3d 468 (Fla. Dist. Ct. App. 2015)

. . . Importantly, section 916.16, Florida Statutes (2004), allows for the continued jurisdiction of the committing . . .

MORROW, v. STATE, 153 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . the defendant and the state shall have the right to a hearing before the committing court_ Section 916.16 . . . See §§ 916.16(2) and 916.17(2). . . .

FURQAN, v. STATE, 136 So. 3d 636 (Fla. Dist. Ct. App. 2013)

. . . The circuit court retained jurisdiction over him pursuant to sections 916.15 and 916.16, Florida Statutes . . . Sections 916.15 and 916.16, Florida Statutes (2008), provide the procedure under which a defendant in . . . may interview or depose personnel who have had contact with the defendant at the treating facilities. 916.16 . . .

In INVOLUNTARY PLACEMENT OF LINN. v., 79 So. 3d 783 (Fla. Dist. Ct. App. 2011)

. . . Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal court . . . The defendant may not be released except by order of the committing court. § 916.16(1). . . .

GRADY, v. BAKER, E., 404 F. App'x 450 (11th Cir. 2010)

. . . . §§ 916.15 and 916.16. Grady requested $500,000 in damages, and that FSH terminate Baker. . . .

J. WARDELL, v. STATE, 944 So. 2d 1089 (Fla. Dist. Ct. App. 2006)

. . . Section 916.16(1), Florida Statutes (2001), provides: The committing court shall retain jurisdiction . . . While we agree the state failed to comply with section 916.16(1), we reject appellant’s argument that . . . We find section 916.16(1) did not divest the trial court of its authority to preside over a felony case . . .

GOER v. JASCO INDUSTRIES, INC. L., 395 F. Supp. 2d 308 (D.S.C. 2005)

. . . Since the inception of Plaintiffs’ employment, Defendants have withheld $916.16 per week from the Plaintiff . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. HARTER,, 861 So. 2d 1274 (Fla. Dist. Ct. App. 2003)

. . . See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla. R.Crim. P. 3.217(b) and 3.218(b). . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. REYES,, 829 So. 2d 252 (Fla. Dist. Ct. App. 2002)

. . . . § 916.16, Fla. Stat. (2001). . . .

STATE v. HEIDRICK, STATE v. ORTIZ,, 707 So. 2d 1165 (Fla. Dist. Ct. App. 1998)

. . . The State contends that pursuant to section 916.16, Florida Statutes (1995), the committing courts have . . . Therefore, contrary to the State’s assertion, the discharge provision of section 916.16 is inapplicable . . . As stated above, under the circumstances of the instant case, the discharge provision of section 916.16 . . . commitment orders, section 917.01(2), Florida Statutes, which is the predecessor statute to section 916.16 . . . NESBITT, J., dissents. . 916.16 Jurisdiction of committing court. — The committing court shall retain . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. E. BENTLEY,, 617 So. 2d 368 (Fla. Dist. Ct. App. 1993)

. . . determine issues of a criminal defendant’s involuntary commitment due to incompetency to stand trial: 916.16 . . .

GERUS, v. STATE, 565 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

. . . court for Columbia County by which appellant’s involuntary hospitalization was continued under section 916.16 . . . We conclude therefore that the court clearly erred in exercising jurisdiction under Section 916.16, Florida . . .

A. ANTHONY, v. STATE, 456 So. 2d 582 (Fla. Dist. Ct. App. 1984)

. . . The order specified that the court would retain jurisdiction consistent with section 916.16, Florida . . .