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

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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: District Court of Appeal of Florida | Date Filed: 2019-07-17

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: District Court of Appeal of Florida | Date Filed: 2018-05-10

Citation: 247 So. 3d 64

Snippet: legislative intent for chapter 916 is stated in section 916.105, Florida Statutes (2017). The language contained

Department of Children & Families v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

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

Michael Lizzi v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

State v. Miranda

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

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: District Court of Appeal of Florida | Date Filed: 2010-06-21

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

Kendrick v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-30

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: District Court of Appeal of Florida | Date Filed: 2009-03-25

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's

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-05-02

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

State v. Everette

Court: District Court of Appeal of Florida | Date Filed: 2004-10-27

Citation: 911 So. 2d 119, 2004 WL 2389922

Snippet: 107(10)(a), Fla. Stat. (2003). Moreover, section 916.105, explains the legislative intent of the chapter:

Brown v. Kearney

Court: District Court of Appeal of Florida | Date Filed: 2001-03-13

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, Department of Health & Rehabilitative Services v. Myers

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

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

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

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

Citation: 696 So. 2d 863

Snippet: Rehabilitative Services' ("HRS") responsibilities under § 916.105(1), Florida Statutes. This statutory section obligates

FLORIDA DEPARTMENT HRS v. Myers

Court: District Court of Appeal of Florida | Date Filed: 1996-06-26

Citation: 675 So. 2d 700, 1996 WL 346952

Snippet: recites sections 916.105(3) and 916.107(1)(a) as granting the authority. Although section 916.105(1) does state

T.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-03-13

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: District Court of Appeal of Florida | Date Filed: 1996-03-13

Citation: 669 So. 2d 1085, 1996 WL 106365

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: District Court of Appeal of Florida | Date Filed: 1994-07-12

Citation: 659 So. 2d 287, 1994 WL 330162

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

Henderson v. Singletary

Court: Supreme Court of Florida | Date Filed: 1993-04-19

Citation: 617 So. 2d 313, 1993 WL 118152

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: District Court of Appeal of Florida | Date Filed: 1992-12-04

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

DEPT. OF H & R SERV. v. Pelz

Court: District Court of Appeal of Florida | Date Filed: 1992-12-04

Citation: 609 So. 2d 155

Snippet: contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority