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The 2025 Florida Statutes
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F.S. 916.105916.105 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 916.105
Total Results: 17
10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584
District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642315
Cited 7 times | Published
not be restored to competency).
Analysis
In section 916.105(1), the legislature described the scope of
675 So. 2d 700, 1996 WL 346952
District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 464210
Cited 6 times | Published
107(1)(a) as granting the authority. Although section 916.105(1) does state that it is *702 the responsibility
696 So. 2d 863
District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1326085
Cited 4 times | Published
Rehabilitative Services' ("HRS") responsibilities under § 916.105(1), Florida Statutes. This statutory section obligates
602 So. 2d 564
District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 1321720
Cited 3 times | Published
entitled the "Forensic Client Services Act." § 916.105, Fla. Stat. (1991). Portions of this chapter might
38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272
District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1658830
Cited 2 times | Published
acquitted of a felony by reason of insanity. § 916.105(1), Fla. Stat. Under this chapter, the circuit
911 So. 2d 119, 2004 WL 2389922
District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1751717
Cited 2 times | Published
916.107(10)(a), Fla. Stat. (2003). Moreover, section 916.105, explains the legislative intent of the chapter:
659 So. 2d 287, 1994 WL 330162
District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 2527628
Cited 2 times | Published
appropriate facility placement over this client. § 916.105(1), Fla. Stat. (1993). See Department of Health
609 So. 2d 155
District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1473396
Cited 2 times | Published
HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority
District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928486
Published
appropriate, it
would undermine the legislative intent. § 916.105(3), Fla. Stat. (2018) (“It is the intent
of the
247 So. 3d 64
District Court of Appeal of Florida | Filed: May 10, 2018 | Docket: 6565397
Published
legislative intent for chapter 916 is stated in section
916.105, Florida Statutes (2017). The language contained
201 So. 3d 78, 2015 Fla. App. LEXIS 13447
District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757117
Published
intent of the Florida legislature expressed in section 916.105(3) that “evaluation and services to defendants
168 So. 3d 1285, 2015 Fla. App. LEXIS 11403, 2015 WL 4549631
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679165
Published
adjudicated guilty by reason of insanity. Section 916.105, Florida Statutes (2014), provides:
(2)
21 So. 3d 122, 2009 Fla. App. LEXIS 16139, 2009 WL 3491035
District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60259876
Published
entitled the “Forensic Client Services Act.” § 916.105, Fla. Stat. (1991). Portions of this chapter might
Florida Attorney General Reports | Filed: May 2, 2007 | Docket: 3258619
Published
asked this office's opinion on this issue.
Section 916.105(1), Florida Statutes, provides that it is the
778 So. 2d 541, 2001 Fla. App. LEXIS 3266, 2001 WL 246043
District Court of Appeal of Florida | Filed: Mar 13, 2001 | Docket: 64803826
Published
916, Florida Statutes. The Department cited section 916.105(3), Florida Statutes (2000) which provides
696 So. 2d 863, 1997 Fla. App. LEXIS 5159
District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774842
Published
Rehabilitative Services’ (“HRS”) responsibilities under § 916.105(1), Florida Statutes. This statutory section obligates
609 So. 2d 155, 1992 Fla. App. LEXIS 12110, 1992 WL 355053
District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692276
Published
HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority
