Florida Statutes

Fla. Stat. § 916.106 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1990–2024 · leading case: Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003).

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Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003). · cites it 9× “Here there was a lack of clear and convincing evidence that Graham was suffering from a "mental illness" as defined in section 916.106(11), or that there was a "substantial likelihood that in the near future" Graham would "inflict serious bodily harm on" himself or another…”

Zack v. State, 911 So. 2d 1190 (Fla. 2005). · cites it 2× “See § 916.106(12), Fla. Stat. (2003) (defining retardation as a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age eighteen, and explaining that…”

Arbelaez v. State, 898 So. 2d 25 (Fla. 2005). · cites it 2× “Latterner admitted on cross-examination that, in reaching her finding of mental retardation, she looked only at testing results and "refuse[d] to consider" Arbelaez's ability to adapt to his surroundings, even though section 916.106(12), Florida Statutes (2003), defines mental…”

State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). · cites it 6× “" § 916.106(7), Fla. Stat. (emphasis added).”

DCF v. Leons, 948 So. 2d 988 (Fla. 4th DCA 2007). · cites it 7× “§ 916.106(7), Fla. Stat. (2006) (emphasis added).”

Dep't of Child. & Families v. Carmona, 159 So. 3d 165 (Fla. 2d DCA 2015). · cites it 4× “Carmona incompetent to proceed to trial due to a mental illness as defined in section 916.106(11), Florida Statutes (2013).”

State v. Miranda, 137 So. 3d 1133 (Fla. 3d DCA 2014). · cites it 4× “Section 916.106(13), Florida Statutes (2011), provides: "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 a…”

Douse v. State, 930 So. 2d 838 (Fla. 4th DCA 2006). · cites it 3× “The order of incompetency found that he meets the definition of "retardation" in section 916.106(12). [3] He had served 14 years for robbery with a firearm, kidnapping, two unarmed robberies, burglary of a dwelling and attempted burglary.”

State, Dep't of Child. & Families v. Garcia, 711 So. 2d 1342 (Fla. 3d DCA 1998). · cites it 4× “” Section 916.106(4), Florida Statutes (1997) defines a forensic client as a “mentally ill person .”

Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “Section 916.106(9) defines a “forensic client” as one who has been “committed” to the Department pursuant to statutory criteria: (9) “Forensic client” or “client” means any defendant who has been committed to the department or agency pursuant to s.”

State v. Offill, 837 So. 2d 533 (Fla. 2d DCA 2003). · cites it 2× “The second order, filed on January 9, 2002, was more detailed, specifying that (1) Offill had previously been found incompetent to proceed to trial due to a mental illness and was unlikely to be restored to competency as defined in section 916.106(11), Florida Statutes (2002);…”

Dep't of Child. & Families v. Lotton, 172 So. 3d 983 (Fla. 5th DCA 2015). “In that same order, the trial court ruled that Defendant was incompetent to proceed due to her mental illness as defined in section 916.106(13), *986 Florida Statutes (2014), and further that Defendant met the criteria for involuntary placement with DCF pursuant to section 916.”

Show all 37 citing cases →

— 916.106(1) — 3 cases

Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010).

Agency for Persons with Disabilities v. Carlisle, 954 So. 2d 715 (Fla. 1st DCA 2007).

Agency for Persons With Disabilities v. Reynolds, 954 So. 2d 716 (Fla. 1st DCA 2007).

— 916.106(11) — 4 cases

Dep't of Child. & Families v. Carmona, 159 So. 3d 165 (Fla. 2d DCA 2015). “Carmona incompetent to proceed to trial due to a mental illness as defined in section 916.106(11), Florida Statutes (2013).”

State v. Offill, 837 So. 2d 533 (Fla. 2d DCA 2003). “The second order, filed on January 9, 2002, was more detailed, specifying that (1) Offill had previously been found incompetent to proceed to trial due to a mental illness and was unlikely to be restored to competency as defined in section 916.106(11), Florida Statutes (2002);…”

Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003). “Here there was a lack of clear and convincing evidence that Graham was suffering from a "mental illness" as defined in section 916.106(11), or that there was a "substantial likelihood that in the near future" Graham would "inflict serious bodily harm on" himself or another…”

Legg v. State, 15 So. 3d 918 (Fla. 1st DCA 2009).

— 916.106(12) — 5 cases

Zack v. State, 911 So. 2d 1190 (Fla. 2005). “See § 916.106(12), Fla. Stat. (2003) (defining retardation as a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age eighteen, and explaining that…”

Arbelaez v. State, 898 So. 2d 25 (Fla. 2005). “Latterner admitted on cross-examination that, in reaching her finding of mental retardation, she looked only at testing results and "refuse[d] to consider" Arbelaez's ability to adapt to his surroundings, even though section 916.106(12), Florida Statutes (2003), defines mental…”

Douse v. State, 930 So. 2d 838 (Fla. 4th DCA 2006). “The order of incompetency found that he meets the definition of "retardation" in section 916.106(12). [3] He had served 14 years for robbery with a firearm, kidnapping, two unarmed robberies, burglary of a dwelling and attempted burglary.”

Cherry v. State, 959 So. 2d 702 (Fla. 2007).

— 916.106(13) — 6 cases

State v. Miranda, 137 So. 3d 1133 (Fla. 3d DCA 2014). “Section 916.106(13), Florida Statutes (2011), provides: "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 a…”

Dep't of Child. & Fam. Servs. v. Ramos, 82 So. 3d 1121 (Fla. 2d DCA 2012).

Dep't of Child. & Families v. Davis, 114 So. 3d 983 (Fla. 5th DCA 2012).

D.S. v. State, 164 So. 3d 1257 (Fla. 5th DCA 2015).

— 916.106(14) — 3 cases

Kendrick Joseph v. State, 152 So. 3d 741 (Fla. 4th DCA 2014).

Reynolds v. State of Florida & Dep't of Child. & Families (Fla. 5th DCA 2024).

D.S. v. State, 164 So. 3d 1257 (Fla. 5th DCA 2015).

— 916.106(15) — 2 cases

Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010).

— 916.106(2) — 2 cases

Gerus v. State, 565 So. 2d 1382 (Fla. 1st DCA 1990).

Onwu v. State, 692 So. 2d 881 (Fla. 1997).

— 916.106(4) — 5 cases

State, Dep't of Child. & Families v. Garcia, 711 So. 2d 1342 (Fla. 3d DCA 1998). “” Section 916.106(4), Florida Statutes (1997) defines a forensic client as a “mentally ill person .”

State, Dep't of Health & Rehabilitative Servs. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997).

Dep't of Health & Rehabilitative Servs. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992).

State, Dept. of Health & Rehab. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997).

Dept. of H & R Serv. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992).

— 916.106(4)(b) — 4 cases

STATE, DHRS v. Stoutamire, 602 So. 2d 564 (Fla. 2d DCA 1992).

Dep't of Health & Rehabilitative Servs. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992).

Dept. of H & R Serv. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992).

Kendrick v. State, 21 So. 3d 122 (Fla. 1st DCA 2009).

— 916.106(5) — 3 cases

State, Dep't of Child. & Families v. Garcia, 711 So. 2d 1342 (Fla. 3d DCA 1998). “” Section 916.106(4), Florida Statutes (1997) defines a forensic client as a “mentally ill person .”

State, Dep't of Health & Rehabilitative Servs. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997).

State, Dept. of Health & Rehab. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997).

— 916.106(6) — 1 case

Dep't of Child. & Families v. Blackburne, 961 So. 2d 1028 (Fla. 4th DCA 2007).

— 916.106(7) — 4 cases

State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “" § 916.106(7), Fla. Stat. (emphasis added).”

DCF v. Leons, 948 So. 2d 988 (Fla. 4th DCA 2007). “§ 916.106(7), Fla. Stat. (2006) (emphasis added).”

Everette v. FLORIDA DCF, 961 So. 2d 270 (Fla. 2007).

Morrow v. State, 153 So. 3d 402 (Fla. 1st DCA 2014).

— 916.106(8) — 2 cases

Florida Dep't of Corr. v. Watts, 800 So. 2d 225 (Fla. 2001).

Michael Lizzi v. State of Florida, 168 So. 3d 1285 (Fla. 4th DCA 2015).

— 916.106(9) — 6 cases

McDaniel v. State of Florida (Fla. 2d DCA 2024).

Morrow v. State, 153 So. 3d 402 (Fla. 1st DCA 2014).

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