916.105
Legislative intent.
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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: Department of Children & Family Services v. Amaya
Department of Children & Family Services v. Amaya (2009)
“§ 916.105(1), Fla. Stat. (2008) (emphasis added).”
FLORIDA DEPARTMENT HRS v. Myers (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.”
Department of Children & Families v. State (2015)
“which insures the rights of the defendants as provided in this chapter.”
State v. Everette (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…”
State, Department of Health & Rehabilitative Services v. Myers (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…”
Agency for Persons With Disabilities v. Dallas (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.”
STATE, DHRS v. Stoutamire (1992)
“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.”
Department of Health & Rehabilitative Services v. Pelz (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.”
Quiala v. State (1994)
“§ 916.105(1), Fla. Stat. (1993). See Department of Health and Rehabilitative Servs.”
DEPT. OF H & R SERV. v. Pelz (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.”
STATE, DEPT. OF HEALTH & REHAB. v. Myers (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…”
Charles Vansmith v. State of Florida (2018)
“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.”
— 916.105(1) — 9 cases
Department of Children & Family Services v. Amaya (2009)
“§ 916.105(1), Fla. Stat. (2008) (emphasis added).”
FLORIDA DEPARTMENT HRS v. Myers (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, Department of Health & Rehabilitative Services v. Myers (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 (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 (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
— 916.105(3) — 5 cases
Department of Children & Families v. State (2015)
“which insures the rights of the defendants as provided in this chapter.”
Department of Health & Rehabilitative Services v. Pelz (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 (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.”
Brown v. Kearney (2001)
— 916.105(7) — 1 case
Department of Children & Family Services v. Amaya (2009)
“§ 916.105(1), Fla. Stat. (2008) (emphasis added).”
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