Florida Statutes

Fla. Stat. § 916.105 (2025)

Legislative intent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 that a defendant who is charged with certain felonies, any misdemeanor, or any ordinance violation and who has a mental illness, intellectual disability, or autism be evaluated and provided services in a community setting, whenever this is a feasible alternative to incarceration.

(5) 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.

(6) It is the intent of the Legislature that law enforcement agencies in this state provide law enforcement officers with crisis intervention team training.

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; s. 3, ch. 2025-180.

Notes of Decisions

Cited in 16 cases, 1992–2019 · leading case: Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009).

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Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). · cites it 6× “§ 916.105(1), Fla. Stat. (2008) (emphasis added).”

Florida Dep't Hrs v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). · cites it 3× “See § 916.105(1), Fla.Stat. (1995). In fact, we have been unable to locate any authority, statutory or otherwise, which permits a trial court to order HRS to pay the costs of transporting a detainee to another facility, as in this case.”

Dep't of Child. & Families v. State, 201 So. 3d 78 (Fla. 3d DCA 2015). · cites it 3× “which insures the rights of the defendants as provided in this chapter.”

State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). · cites it 3× “Moreover, section 916.105, explains the legislative intent of the chapter: It is the intent of the Legislature that the Department of Children and Family Services establish, locate, and maintain separate and secure facilities and programs for the treatment or training of…”

State, Dep't of Health & Rehabilitative Servs. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997). · cites it 7× “We turn next to section 916.105(1), Florida Statutes which provides as follows: (1) It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the treatment of…”

Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010). · cites it 5× “§ 916.105(1), Fla. Stat. Under this chapter, the circuit court determines whether a defendant is competent to proceed and further has the authority to involuntarily commit an incompetent defendant to a forensic facility if certain criteria are met.”

STATE, DHRS v. Stoutamire, 602 So. 2d 564 (Fla. 2d DCA 1992). · cites it 2× “This chapter, whose last substantial revision occurred in 1985, [5] applies both to patients committed as incompetent to stand trial, and those acquitted of criminal charges by reason of insanity.”

Dep't of Health & Rehabilitative Servs. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992). · cites it 8× “HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority to determine where to place clients in its custody.”

Quiala v. State, 659 So. 2d 287 (Fla. 3d DCA 1994). · cites it 2× “§ 916.105(1), Fla. Stat. (1993). See Department of Health and Rehabilitative Servs.”

Dept. of H & R Serv. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992). · cites it 8× “HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority to determine where to place clients in its custody.”

State, Dept. of Health & Rehab. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997). · cites it 7× “We turn next to section 916.105(1), Florida Statutes which provides as follows: (1) It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the treatment of…”

Charles Vansmith v. State of Florida, 247 So. 3d 64 (Fla. 1st DCA 2018). · cites it 4× “See § 916.105, Fla. Stat. (1985-2017). Based on the stated legislative intent, it appears the Legislature was attempting to balance the rights and needs of the individuals with the need to protect society.”

Show all 16 citing cases →

— 916.105(1) — 9 cases

Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “§ 916.105(1), Fla. Stat. (2008) (emphasis added).”

Florida Dep't Hrs v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). “See § 916.105(1), Fla.Stat. (1995). In fact, we have been unable to locate any authority, statutory or otherwise, which permits a trial court to order HRS to pay the costs of transporting a detainee to another facility, as in this case.”

State, Dep't of Health & Rehabilitative Servs. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997). “We turn next to section 916.105(1), Florida Statutes which provides as follows: (1) It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the treatment of…”

State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “Moreover, section 916.105, explains the legislative intent of the chapter: It is the intent of the Legislature that the Department of Children and Family Services establish, locate, and maintain separate and secure facilities and programs for the treatment or training of…”

Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010). “§ 916.105(1), Fla. Stat. Under this chapter, the circuit court determines whether a defendant is competent to proceed and further has the authority to involuntarily commit an incompetent defendant to a forensic facility if certain criteria are met.”

— 916.105(2) — 1 case

Michael Lizzi v. State of Florida, 168 So. 3d 1285 (Fla. 4th DCA 2015).

— 916.105(3) — 5 cases

Dep't of Child. & Families v. State, 201 So. 3d 78 (Fla. 3d DCA 2015). “which insures the rights of the defendants as provided in this chapter.”

Dep't of Health & Rehabilitative Servs. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992). “HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority to determine where to place clients in its custody.”

Dept. of H & R Serv. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992). “HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority to determine where to place clients in its custody.”

ALI MARINO v. STATE OF FLORIDA & GREGORY TONY, as Sheriff of Broward Cnty. (Fla. 4th DCA 2019).

Brown v. Kearney, 778 So. 2d 541 (Fla. 3d DCA 2001).

— 916.105(7) — 1 case

Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “§ 916.105(1), Fla. Stat. (2008) (emphasis added).”

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