Florida Statute 916.106 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 916.106

Annotations, Discussions, Cases:

Cases Citing Statute 916.106

Total Results: 39

Zack v. State

911 So. 2d 1190, 30 Fla. L. Weekly Fed. S 591

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1751750

Cited 74 times | Published

that he or she has an IQ of 70 or below. See § 916.106(12), Fla. Stat. (2003) (defining retardation as

Cherry v. State

959 So. 2d 702, 2007 WL 1074931

Supreme Court of Florida | Filed: Apr 12, 2007 | Docket: 528326

Cited 62 times | Published

that he or she has an IQ of 70 or below. See § 916.106(12), Fla. Stat. (2003) (defining retardation as

Arbelaez v. State

898 So. 2d 25, 2005 WL 168570

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 1448767

Cited 48 times | Published

to adapt to his surroundings, even though section 916.106(12), Florida Statutes (2003), defines mental

Department of Children & Families v. Lotton

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

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250184

Cited 7 times | Published

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

Department of Children & Family Services v. Amaya

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

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

Graham v. Jenne

837 So. 2d 554, 2003 WL 289263

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 537830

Cited 5 times | Published

statutory definition of "retardation" under section 916.106(12), Florida Statutes (2001), given his significantly

State v. Offill

837 So. 2d 533, 2003 WL 289001

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1527452

Cited 4 times | Published

to be restored to competency as defined in section 916.106(11), Florida Statutes (2002); (2) the charges

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

696 So. 2d 863

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1326085

Cited 4 times | Published

client" or mentally ill detainee as defined by section 916.106(4), Florida Statutes. Myers was never committed

Douse v. State

930 So. 2d 838, 2006 WL 1626908

District Court of Appeal of Florida | Filed: Jun 12, 2006 | Docket: 1749607

Cited 3 times | Published

SHAHOOD and GROSS, JJ., concur. NOTES [1] See § 916.106(9), Fla. Stat. (2005) ("`Incompetent to proceed'

STATE, DHRS v. Stoutamire

602 So. 2d 564

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 1321720

Cited 3 times | Published

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

State v. Miranda

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

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240187

Cited 2 times | Published

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

Agency for Persons With Disabilities v. Dallas

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

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

DCF v. Leons

948 So. 2d 988

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1773661

Cited 2 times | Published

existing law. In 2006, the legislature amended section 916.106(7) of the Florida Statutes. That section now

State v. Everette

911 So. 2d 119, 2004 WL 2389922

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1751717

Cited 2 times | Published

a "forensic client," within the meaning of section 916.106(7), Florida Statutes (2003), i.e., a "defendant

DEPT. OF H & R SERV. v. Pelz

609 So. 2d 155

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1473396

Cited 2 times | Published

chapter 394, Florida Statutes (1991) and to section 916.106(4)(b), Florida Statutes (1991). Under a separate

Department of Children & Family Services v. Ramos

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

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 60306055

Cited 1 times | Published

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

Everette v. FLORIDA DCF

961 So. 2d 270, 2007 WL 1836953

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 468770

Cited 1 times | Published

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

Florida Department of Corrections v. Watts

800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295

Cited 1 times | Published

specifically recognized as a forensic facility under section 916.106(8). The trial court’s order contemplated that

Gerus v. State

565 So. 2d 1382, 1990 WL 110292

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 1725841

Cited 1 times | Published

under current chapter 916, Florida Statutes, section 916.106(2), and the pertinent rules of criminal procedure

McDaniel v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369599

Published

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

District Court of Appeal of Florida | Filed: May 2, 2024 | Docket: 68496570

Published

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

CHARITY NOELLE WOOD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403457

Published

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

Michael Lizzi v. State of Florida

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

916.107(3)(a), Florida Statutes (2014), and section 916.106(8), Florida Statutes (2014), *1289

D.S. v. State

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

District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60247918

Published

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

Department of Children & Families v. Carmona

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

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629742

Published

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

Morrow v. State

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

District Court of Appeal of Florida | Filed: Dec 18, 2014 | Docket: 60245242

Published

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

Kendrick Joseph v. State

152 So. 3d 741, 2014 Fla. App. LEXIS 19609, 39 Fla. L. Weekly Fed. D 2496

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610806

Published

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

Department of Children & Families v. Davis

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

District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60232034

Published

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

Kendrick v. State

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

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

Legg v. State

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

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1295729

Published

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

Department of Children & Families v. Blackburne

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

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64851611

Published

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

Ago

Florida Attorney General Reports | Filed: May 2, 2007 | Docket: 3258619

Published

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

Agency for Persons with Disabilities v. Carlisle

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

District Court of Appeal of Florida | Filed: Apr 23, 2007 | Docket: 64850306

Published

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

AGENCY FOR PERSONS WITH DISABILITIES v. Reynolds

954 So. 2d 716, 2007 WL 1174085

District Court of Appeal of Florida | Filed: Apr 23, 2007 | Docket: 1651815

Published

found competent to proceed, as defined in section 916.106(1) or (12), Florida Statutes. However, Respondent

Ago

Florida Attorney General Reports | Filed: Aug 2, 2001 | Docket: 3258445

Published

be eligible for developmental services." 11 Section 916.106(7), Fla. Stat., defines a "[f]orensic client"

State, Department of Children & Families v. Garcia

711 So. 2d 1342, 1998 Fla. App. LEXIS 6628, 1998 WL 300015

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781241

Published

following reasons, we grant the petition. Section 916.106(5), Florida Statutes (1997) provides that a

State, Department of Health & Rehabilitative Services v. Myers

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

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774842

Published

client” or mentally ill detainee as defined by section 916.106(4), Florida Statutes. Myers was never committed

Onwu v. State

692 So. 2d 881, 1997 WL 196673

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 1524508

Published

placement in a so-called forensic facility. Section 916.106, Florida Statutes (1995), contains the following

Department of Health & Rehabilitative Services v. Pelz

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

chapter 394, Florida Statutes (1991) and to section 916.106(4)(b), Florida Statutes (1991). Under a separate