Florida Statute 916.106 | 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. 916.106

916.106 Definitions.—For the purposes of this chapter, the term:

(1) “Agency” means the Agency for Persons with Disabilities. The agency is responsible for training forensic clients who are developmentally disabled due to intellectual disability or autism and have been determined incompetent to proceed.

(2) “Autism” has the same meaning as in s. 393.063.

(3) “Chemical weapon” means any shell, cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN), chlorobenzalmalononitrile (CS) or any derivatives thereof in any form, or any other agent with lacrimatory properties, and shall include products such as that commonly known as “mace.”

(4) “Civil facility” means:

(a) A mental health facility established within the department or by contract with the department to serve individuals committed pursuant to chapter 394 and those defendants committed pursuant to this chapter who do not require the security provided in a forensic facility; or

(b) An intermediate care facility for the developmentally disabled, a foster care facility, a group home facility, or a supported living setting, as defined in s. 393.063, designated by the agency to serve those defendants who do not require the security provided in a forensic facility.

(5) “Court” means the circuit court.

(6) “Defendant” means an adult, or a juvenile who is prosecuted as an adult, who has been arraigned and charged with a felony offense under the laws of this state.

(7) “Department” means the Department of Children and Families. The department is responsible for the treatment of forensic clients who have been determined incompetent to proceed due to mental illness or who have been acquitted of a felony by reason of insanity.

(8) “Express and informed consent” or “consent” means consent given voluntarily in writing after a conscientious and sufficient explanation and disclosure of the purpose of the proposed treatment, the common side effects of the treatment, if any, the expected duration of the treatment, and any alternative treatment available.

(9) “Forensic client” or “client” means any defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302.

(10) “Forensic facility” means a separate and secure facility established within the department or agency, or contracted using department funding, to serve forensic clients. A separate and secure facility means a security-grade building for the purpose of separately housing persons who have mental illness from persons who have intellectual disabilities or autism and separately housing persons who have been involuntarily committed pursuant to this chapter from nonforensic residents. The term includes a facility serving forensic clients committed to the department which is colocated in a county jail and operated by a community mental health provider through a contract.

(11) “Incompetent to proceed” means unable to proceed at any material stage of a criminal proceeding, which includes the trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violation of probation or violation of community control, sentencing, and hearings on issues regarding a defendant’s failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered.

(12) “Institutional security personnel” means the staff of forensic facilities who meet or exceed the requirements of s. 943.13 and who are responsible for providing security, protecting clients and personnel, enforcing rules, preventing and investigating unauthorized activities, and safeguarding the interests of residents in the surrounding communities.

(13) “Intellectual disability” has the same meaning as in s. 393.063.

(14) “Mental illness” means an impairment of the emotional processes that exercise conscious control of one’s actions, or of the ability to perceive or understand reality, which impairment substantially interferes with the defendant’s ability to meet the ordinary demands of living. For the purposes of this chapter, the term does not apply to defendants who have only an intellectual disability or autism or a defendant with traumatic brain injury or dementia who lacks a co-occurring mental illness, and does not include intoxication or conditions manifested only by antisocial behavior or substance abuse impairment.

(15) “Restraint” means a physical device, method, or drug used to control dangerous behavior.

(a) A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to a person’s body so that he or she cannot easily remove the restraint and that restricts freedom of movement or normal access to one’s body.

(b) A drug used as a restraint is a medication used to control the person’s behavior or to restrict his or her freedom of movement and not part of the standard treatment regimen of the person with a diagnosed mental illness who is a client of the department. Physically holding a person during a procedure to forcibly administer psychotropic medication is a physical restraint.

(c) Restraint does not include physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, supportive body bands, or other physical holding necessary for routine physical examinations and tests; for purposes of orthopedic, surgical, or other similar medical treatment; to provide support for the achievement of functional body position or proper balance; or to protect a person from falling out of bed.

(16) “Seclusion” means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. The prevention may be by physical barrier or by a staff member who is acting in a manner, or who is physically situated, so as to prevent the person from leaving the room or area. For purposes of this chapter, the term does not mean isolation due to a person’s medical condition or symptoms, the confinement in a forensic facility to a bedroom or area during normal hours of sleep when there is not an active order for seclusion, or during an emergency such as a riot or hostage situation when clients may be temporarily placed in their rooms for their own safety.

(17) “Social service professional” means a person whose minimum qualifications include a bachelor’s degree and at least 2 years of social work, clinical practice, special education, habilitation, or equivalent experience working directly with persons who have intellectual disabilities, autism, or other developmental disabilities.

History.—s. 31, ch. 85-167; s. 1527, ch. 97-102; s. 6, ch. 98-92; s. 2, ch. 2006-195; s. 28, ch. 2013-162; s. 309, ch. 2014-19; s. 12, ch. 2020-39; s. 1, ch. 2022-62.

F.S. 916.106 on Google Scholar

F.S. 916.106 on Casetext

Amendments to 916.106

Arrestable Offenses / Crimes under Fla. Stat. 916.106

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.106.

Annotations, Discussions, Cases:

Cases Citing Statute 916.106

Total Results: 20

McDaniel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9), Fla. Stat. (2024). Mr. McDaniel is a

Reynolds v. State of Florida and Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-05-02

Snippet: ability to meet the ordinary demands of living.” § 916.106(14), Fla. Stat. 3 As we noted in Tavares, commitment

CHARITY NOELLE WOOD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9). 2

Department of Children & Families v. Lotton

Court: District Court of Appeal of Florida | Date Filed: 2015-08-28

Citation: 172 So. 3d 983, 2015 Fla. App. LEXIS 12850, 2015 WL 5051125

Snippet: due to her mental illness as defined in section 916.106(13), *986Florida Statutes (2014), and further that

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: 107(3)(a), Florida Statutes (2014), and section 916.106(8), Florida Statutes (2014), *1289

D.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-05

Citation: 164 So. 3d 1257, 2015 Fla. App. LEXIS 8570, 2015 WL 3510309

Snippet: proceed due to mental illness as defined in section 916.106(13), Florida Statutes.2 However, because the trial

Department of Children & Families v. Carmona

Court: District Court of Appeal of Florida | Date Filed: 2015-01-30

Citation: 159 So. 3d 165, 2015 Fla. App. LEXIS 1198, 2015 WL 403987

Snippet: due to a mental illness as defined in section 916.106(11), Florida Statutes (2013). In that same order

Morrow v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-18

Citation: 153 So. 3d 402, 2014 Fla. App. LEXIS 20564, 2014 WL 7184252

Snippet: 893 So.2d 610, 612 (Fla. 4th DCA 2005). Section 916.106(7), Florida Statutes (2013), provides that DCF

Kendrick Joseph v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Citation: 152 So. 3d 741, 2014 Fla. App. LEXIS 19609

Snippet: proceed in the future. (Emphasis added). Section 916.106(13) defines “intellectual disability” as having

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: having “the same meaning as in s. 398.063.” § 916.106(15), Fla. Stat. (2011). Section 393.063(32), Florida

Department of Children & Families v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2012-05-25

Citation: 114 So. 3d 983, 2012 WL 1886007, 2012 Fla. App. LEXIS 8429

Snippet: Davis was incompetent due to mental illness. See § 916.106(13), Fla. Stat. (2011) (defining “mental illness”

Department of Children & Family Services v. Ramos

Court: District Court of Appeal of Florida | Date Filed: 2012-03-02

Citation: 82 So. 3d 1121, 2012 WL 676648, 2012 Fla. App. LEXIS 3363

Snippet: treat the defendant.... (Emphasis added.) Section 916.106(13) defines “mental illness” as an impairment of

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: 105(1), Fla. Stat. (2009) (emphasis added). Section 916.106 provides further that "[t]he [Agency] is responsible

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: acquitted of criminal charges by reason of insanity. § 916.106(4)(b), Fla. Stat. (1991). In subsection 916.107(4)

Legg v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-08-06

Citation: 15 So. 3d 918, 2009 Fla. App. LEXIS 10957, 2009 WL 2392973

Snippet: incapacity under the Florida Guardianship Law. Section 916.106(11), Florida Statutes (2008), determines competency

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: 105(7), Fla. Stat. (2008) (emphasis added). Section 916.106(9) defines a "forensic client" as one who has been

Department of Children & Families v. Blackburne

Court: District Court of Appeal of Florida | Date Filed: 2007-07-18

Citation: 961 So. 2d 1028, 2007 Fla. App. LEXIS 10975, 2007 WL 2043467

Snippet: definition of “defendant” as defined by Chapter 916.1 § 916.106(6) Fla. Stat. (2007); cf. Dep’t of Children & Family

Everette v. FLORIDA DCF

Court: Supreme Court of Florida | Date Filed: 2007-06-28

Citation: 961 So. 2d 270, 2007 WL 1836953

Snippet: therefore, he was a forensic client under section 916.106(7), Florida Statutes (2004) and his transport was

Ago

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

Snippet: substantially the following question: Whether section 916.106(12), Florida Statutes, authorizes the Department

Agency for Persons with Disabilities v. Carlisle

Court: District Court of Appeal of Florida | Date Filed: 2007-04-23

Citation: 954 So. 2d 715, 2007 Fla. App. LEXIS 6044, 2007 WL 1174079

Snippet: incompetent to proceed, as defined in section 916.106(1) or (12), Florida Statutes, due to retardation