Florida Statute 916.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 916.105

Total Results: 20

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-17T00:53:00-07:00

Snippet: , it would undermine the legislative intent. § 916.105(3), Fla. Stat. (2018) (“It is the intent of the

Charles Vansmith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-10T00:53:00-07:00

Snippet: legislative intent for chapter 916 is stated in section 916.105, Florida Statutes (2017). The language contained…subsection (4), which was added in 2006. See § 916.105, Fla. Stat. (1985-2017). Based on the stated legislative…definitive. Upon examining sections 916.303 and 916.105, we find no evidence of retribution or deterrence

Department of Children & Families v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

Citation: 201 So. 3d 78, 2015 Fla. App. LEXIS 13447

Snippet: of the Florida legislature expressed in section 916.105(3) that “evaluation and services to defendants … the preamble to Chapter 916. See § 916.105(3), Fla. Stat. (2014)' (stating that “It is

Michael Lizzi v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 168 So. 3d 1285, 2015 Fla. App. LEXIS 11403

Snippet: adjudicated guilty by reason of insanity. Section 916.105, Florida Statutes (2014), provides: (2) It…comports with the intent of the law, as section 916.105(2), Florida Statutes (2014), states that the legislative

State v. Miranda

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-02T00:00:00-07:00

Citation: 137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823

Snippet: been found incompetent to proceed, §§ 916.10, 916.105, Fla. Stat. (2011), including the involuntary commitment

Agency for Persons With Disabilities v. Dallas

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-21T00:00:00-07:00

Citation: 38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272

Snippet: acquitted of a felony by reason of insanity. § 916.105(1), Fla. Stat. Under this chapter, the circuit …articulated in the following provisions. First, section 916.105(1) provides: It is the intent of the Legislature…agency under the provisions of this chapter. *835 § 916.105(1), Fla. Stat. (2009) (emphasis added). Section

Kendrick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-30T00:00:00-07:00

Citation: 21 So. 3d 122, 2009 Fla. App. LEXIS 16139, 2009 WL 3491035

Snippet: entitled the “Forensic Client Services Act.” § 916.105, Fla. Stat. (1991). Portions of this chapter might

Department of Children & Family Services v. Amaya

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-25T00:00:00-07:00

Citation: 10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

Snippet: restored to competency). Analysis In section 916.105(1), the legislature described the scope of DCF&…agency under the provisions of this chapter. § 916.105(1), Fla. Stat. (2008) (emphasis added). The statute…acquitted of a felony by reason of insanity. § 916.105(7), Fla. Stat. (2008) (emphasis added). Section… a writ of certiorari and finding that section 916.105(1) did not require HRS to pay for mental health

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-05-02T00:53:00-07:00

Snippet: this office's opinion on this issue. Section 916.105(1), Florida Statutes, provides that it is the intent

State v. Everette

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-27T00:53:00-07:00

Citation: 911 So. 2d 119

Snippet: 916.107(10)(a), Fla. Stat. (2003). Moreover, section 916.105, explains the legislative intent of the chapter…department under the provisions of this chapter. § 916.105(1), Fla. Stat. (2003)(emphasis added). In the instant

Brown v. Kearney

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-13T00:00:00-08:00

Citation: 778 So. 2d 541, 2001 Fla. App. LEXIS 3266, 2001 WL 246043

Snippet: Florida Statutes. The Department cited section 916.105(3), Florida Statutes (2000) which provides that

STATE, DEPT. OF HEALTH & REHAB. v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:53:00-07:00

Citation: 696 So. 2d 863

Snippet: #39; ("HRS") responsibilities under § 916.105(1), Florida Statutes. This statutory section obligates…treatment. 2. If HRS had a facility, pursuant to § 916.105(1), Florida Statutes, an inmate would be a patient… HRS does not have a facility as mandated by § 916.105(1), Florida Statutes, the cost of transportation…68 (Fla. 1st DCA 1992). We turn next to section 916.105(1), Florida Statutes which provides as follows:…fact provide that HRS was required under section 916.105(1), Florida Statutes, to place Myers in a secure

State, Department of Health & Rehabilitative Services v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:00:00-07:00

Citation: 696 So. 2d 863, 1997 Fla. App. LEXIS 5159

Snippet: Rehabilitative Services’ (“HRS”) responsibilities under § 916.105(1), Florida Statutes. This statutory section obligates…treatment. 2. If HRS had a facility, pursuant to § 916.105(1), Florida Statutes, an inmate would be a patient… HRS does not have a facility as mandated by § 916.105(1), Florida Statutes, the cost of transportation…68 (Fla. 1st DCA 1992). We turn next to section 916.105(1), Florida Statutes which provides as follows:…fact provide that HRS was required under section 916.105(1), Florida Statutes, to place Myers in a secure

FLORIDA DEPARTMENT HRS v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-26T00:53:00-07:00

Citation: 675 So. 2d 700

Snippet: recites sections 916.105(3) and 916.107(1)(a) as granting the authority. Although section 916.105(1) does state…transportation or imposes the costs of same upon HRS. See § 916.105(1), Fla.Stat. (1995). In fact, we have been unable

T.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-13T00:00:00-08:00

Citation: 669 So. 2d 1085, 1996 Fla. App. LEXIS 2333

Snippet: So.2d 196, 200 (Fla.), cert. denied, 473 U.S. 916; 105 S.Ct. 3542, 87 L.Ed.2d 665 (1985). This is consistent

TB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-12T23:53:00-08:00

Citation: 669 So. 2d 1085

Snippet: So.2d 196, 200 (Fla.), cert. denied, 473 U.S. 916, 105 S.Ct. 3542, 87 L.Ed.2d 665 (1985). This is consistent

Quiala v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-12T00:53:00-07:00

Citation: 659 So. 2d 287

Snippet: appropriate facility placement over this client. § 916.105(1), Fla. Stat. (1993). See Department of Health

Henderson v. Singletary

Court: Fla. | Date Filed: 1993-04-19T00:53:00-07:00

Citation: 617 So. 2d 313

Snippet: , 463 So.2d 196 (Fla.), cert. denied, 473 U.S. 916, 105 S.Ct. 3542, 87 L.Ed.2d 665 (1985); Henderson v

Department of Health & Rehabilitative Services v. Pelz

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-04T00:00:00-08:00

Citation: 609 So. 2d 155, 1992 Fla. App. LEXIS 12110, 1992 WL 355053

Snippet: contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority…under chapter 916 in civil facilities. Section 916.105(1), Florida Statutes (1991), provides in pertinent… treatment facility. [Emphasis added]. Section 916.105(3), Florida Statutes (1991), provides: *157It is… both the legislative intent stated in section 916.105 and the related administrative rules provide support…society. However, the plain language of section 916.105(1) places full discretion in HRS to determine whether

DEPT. OF H & R SERV. v. Pelz

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-03T23:53:00-08:00

Citation: 609 So. 2d 155

Snippet: contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority…under chapter 916 in civil facilities. Section 916.105(1), Florida Statutes (1991), provides in pertinent… treatment facility. [Emphasis added]. Section 916.105(3), Florida Statutes (1991), provides: *157 It… both the legislative intent stated in section 916.105 and the related administrative rules provide support…society. However, the plain language of section 916.105(1) places full discretion in HRS to determine whether