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Florida Statute 916.107 | Lawyer Caselaw & Research

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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.107

916.107 Rights of forensic clients.—

(1) RIGHT TO INDIVIDUAL DIGNITY.—

(a) The policy of the state is that the individual dignity of the client shall be respected at all times and upon all occasions, including any occasion when the forensic client is detained, transported, or treated. Clients with mental illness, intellectual disability, or autism and who are charged with committing felonies shall receive appropriate treatment or training. In a criminal case involving a client who has been adjudicated incompetent to proceed or not guilty by reason of insanity, a jail may be used as an emergency facility for up to 15 days following the date the department or agency receives a completed copy of the court commitment order containing all documentation required by the applicable Florida Rules of Criminal Procedure. For a forensic client who is held in a jail awaiting admission to a facility of the department or agency, evaluation and treatment or training may be provided in the jail by the local community mental health provider for mental health services, by the developmental disabilities program for persons with intellectual disability or autism, the client’s physician or psychologist, or any other appropriate program until the client is transferred to a civil or forensic facility.

(b) Forensic clients who are initially placed in, or subsequently transferred to, a civil facility as described in part I of chapter 394 or to a residential facility as described in chapter 393 shall have the same rights as other persons committed to these facilities for as long as they remain there.

(2) RIGHT TO TREATMENT.—

(a) The policy of the state is that neither the department nor the agency shall deny treatment or training to any client and that no services shall be delayed because the forensic client is indigent pursuant to s. 27.52 and presently unable to pay. However, every reasonable effort to collect appropriate reimbursement for the cost of providing services to clients able to pay for the services, including reimbursement from insurance or other third-party payments, shall be made by facilities providing services pursuant to this chapter and in accordance with the provisions of s. 402.33.

(b) Each forensic client shall be given, at the time of admission and at regular intervals thereafter, a physical examination, which shall include screening for communicable disease by a health practitioner authorized by law to give such screenings and examinations.

(c) Every forensic client shall be afforded the opportunity to participate in activities designed to enhance self-image and the beneficial effects of other treatments or training, as determined by the facility.

(d) Not more than 30 days after admission, each client shall have and receive, in writing, an individualized treatment or training plan which the client has had an opportunity to assist in preparing.

(3) RIGHT TO EXPRESS AND INFORMED CONSENT.—

(a) A forensic client shall be asked to give express and informed written consent for treatment. If a client refuses such treatment as is deemed necessary and essential by the client’s multidisciplinary treatment team for the appropriate care of the client, such treatment may be provided under the following circumstances:

1. In an emergency situation in which there is immediate danger to the safety of the client or others, such treatment may be provided upon the written order of a physician for up to 48 hours, excluding weekends and legal holidays. If, after the 48-hour period, the client has not given express and informed consent to the treatment initially refused, the administrator or designee of the civil or forensic facility shall, within 48 hours, excluding weekends and legal holidays, petition the committing court or the circuit court serving the county in which the facility is located, at the option of the facility administrator or designee, for an order authorizing the continued treatment of the client. In the interim, the need for treatment shall be reviewed every 48 hours and may be continued without the consent of the client upon the continued written order of a physician who has determined that the emergency situation continues to present a danger to the safety of the client or others.

2. In a situation other than an emergency situation, the administrator or designee of the facility shall petition the court for an order authorizing necessary and essential treatment for the client.

a. If the client has been receiving psychotropic medication at the jail at the time of transfer to the forensic or civil facility and lacks the capacity to make an informed decision regarding mental health treatment at the time of admission, the admitting physician shall order continued administration of psychotropic medication if, in the clinical judgment of the physician, abrupt cessation of that psychotropic medication could pose a risk to the health or safety of the client while a court order to medicate is pursued. The administrator or designee of the forensic or civil facility shall, within 5 days after a client’s admission, excluding weekends and legal holidays, petition the committing court or the circuit court serving the county in which the facility is located, at the option of the facility administrator or designee, for an order authorizing the continued treatment of a client with psychotropic medication. The jail physician shall provide a current psychotropic medication order at the time of transfer to the forensic or civil facility or upon request of the admitting physician after the client is evaluated.

b. The court order shall allow such treatment for up to 90 days after the date that the order was entered. Unless the court is notified in writing that the client has provided express and informed written consent or that the client has been discharged by the committing court, the administrator or designee of the facility shall, before the expiration of the initial 90-day order, petition the court for an order authorizing the continuation of treatment for an additional 90 days. This procedure shall be repeated until the client provides consent or is discharged by the committing court.

3. At the hearing on the issue of whether the court should enter an order authorizing treatment for which a client was unable to or refused to give express and informed consent, the court shall determine by clear and convincing evidence that the client has mental illness, intellectual disability, or autism, that the treatment not consented to is essential to the care of the client, and that the treatment not consented to is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects. In arriving at the substitute judgment decision, the court must consider at least the following factors:

a. The client’s expressed preference regarding treatment;

b. The probability of adverse side effects;

c. The prognosis without treatment; and

d. The prognosis with treatment.

The hearing shall be as convenient to the client as may be consistent with orderly procedure and shall be conducted in physical settings not likely to be injurious to the client’s condition. The court may appoint a general or special magistrate to preside at the hearing. The client or the client’s guardian, and the representative, shall be provided with a copy of the petition and the date, time, and location of the hearing. The client has the right to have an attorney represent him or her at the hearing, and, if the client is indigent, the court shall appoint the office of the public defender to represent the client at the hearing. The client may testify or not, as he or she chooses, and has the right to cross-examine witnesses and may present his or her own witnesses.

(b) In addition to the provisions of paragraph (a), in the case of surgical procedures requiring the use of a general anesthetic or electroconvulsive treatment or nonpsychiatric medical procedures, and prior to performing the procedure, written permission shall be obtained from the client, if the client is legally competent, from the parent or guardian of a minor client, or from the guardian of an incompetent client. The administrator or designee of the forensic facility or a designated representative may, with the concurrence of the client’s attending physician, authorize emergency surgical or nonpsychiatric medical treatment if such treatment is deemed lifesaving or for a situation threatening serious bodily harm to the client and permission of the client or the client’s guardian could not be obtained before provision of the needed treatment.

(4) QUALITY OF TREATMENT.—

(a) Each forensic client shall receive treatment or training suited to the client’s needs, which shall be administered skillfully, safely, and humanely with full respect for the client’s dignity and personal integrity. Each client shall receive such medical, vocational, social, educational, and rehabilitative services as the client’s condition requires to bring about a return to court for disposition of charges or a return to the community. In order to achieve this goal, the department and the agency shall coordinate their services with each other, the Department of Corrections, and other appropriate state agencies.

(b) Forensic clients shall be free from the unnecessary use of restraint or seclusion. Restraints shall be employed only in emergencies or to protect the client or others from imminent injury. Restraints may not be employed as punishment or for the convenience of staff.

(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—Each forensic client has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the client or others. Clients shall have the right to contact and to receive communication from their attorneys at any reasonable time.

(a) Each forensic client shall be allowed to receive, send, and mail sealed, unopened correspondence; and no client’s incoming or outgoing correspondence shall be opened, delayed, held, or censored by the facility unless there is reason to believe that it contains items or substances that may be harmful to the client or others, in which case the administrator or designee may direct reasonable examination of such mail and may regulate the disposition of such items or substances. For purposes of this paragraph, the term “correspondence” does not include parcels or packages. Forensic facilities may promulgate reasonable institutional policies to provide for the inspection of parcels or packages and for the removal of contraband items for health or security reasons prior to the contents being given to a client.

(b) If a client’s right to communicate is restricted by the administrator, written notice of such restriction and the duration of the restriction shall be served on the client or his or her legal guardian or representatives, and such restriction shall be recorded on the client’s clinical record with the reasons therefor. The restriction of a client’s right to communicate shall be reviewed at least every 7 days.

(c) Each forensic facility shall establish reasonable institutional policies governing visitors, visiting hours, and the use of telephones by clients in the least restrictive manner possible.

(d) Each forensic client shall have ready access to a telephone in order to report an alleged abuse. The facility or program staff shall orally and in writing inform each client of the procedure for reporting abuse and shall present the information in a language the client understands. A written copy of that procedure, including the telephone number of the central abuse hotline and reporting forms, shall be posted in plain view.

(e) The department’s or agency’s forensic facilities shall develop policies providing a procedure for reporting abuse. Facility staff shall be required, as a condition of employment, to become familiar with the procedures for the reporting of abuse.

(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.—A forensic client’s right to possession of clothing and personal effects shall be respected. The department or agency by rule, or the administrator of any forensic facility by written institutional policy, may declare certain items to be hazardous to the health or welfare of clients or others or to the operation of the facility. Such items may be restricted from introduction into the facility or may be restricted from being in a client’s possession. The administrator or designee may take temporary custody of such effects when required for medical and safety reasons. Custody of such personal effects shall be recorded in the client’s clinical record.

(7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is eligible to vote according to the laws of the state has the right to vote in the primary and general elections. The department and agency shall establish rules to enable clients to obtain voter registration forms, applications for vote-by-mail ballots, and vote-by-mail ballots.

(8) CLINICAL RECORD; CONFIDENTIALITY.—A clinical record for each forensic client shall be maintained. The record shall include data pertaining to admission and such other information as may be required under rules of the department or the agency. Unless waived by express and informed consent of the client or the client’s legal guardian or, if the client is deceased, by the client’s personal representative or by that family member who stands next in line of intestate succession or except as otherwise provided in this subsection, the clinical record is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(a) Such clinical record may be released:

1. To such persons and agencies as are designated by the client or the client’s legal guardian.

2. To persons authorized by order of court and to the client’s counsel when the records are needed by the counsel for adequate representation.

3. To a qualified researcher, as defined by rule; a staff member of the facility; or an employee of the department or agency when the administrator of the facility, or secretary or director of the department or agency, deems it necessary for treatment of the client, maintenance of adequate records, compilation of treatment data, or evaluation of programs.

4. For statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals.

5. If a client receiving services has declared an intention to harm other persons, the administrator shall authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the client, and to the committing court, the state attorney, and the attorney representing the client.

6. To the parent or next of kin of a client who is committed to, or is being served by, a facility or program when such information is limited to that person’s service plan and current physical and mental condition. Release of such information shall be in accordance with the code of ethics of the profession involved and must comply with all state and federal laws and regulations pertaining to the release of personal health information.

(b) Notwithstanding other provisions of this subsection, the department or agency may request or receive from or provide to any of the following entities client information to facilitate treatment, habilitation, rehabilitation, and continuity of care of any forensic client:

1. The Social Security Administration and the United States Department of Veterans Affairs;

2. Law enforcement agencies, state attorneys, defense attorneys, and judges in regard to the client’s status;

3. Jail personnel in the jail in which a client may be housed; and

4. Community agencies and others expected to provide followup care to the client upon the client’s return to the community.

(c) The department or agency may provide notice to any client’s next of kin or first representative regarding any serious medical illness or the death of the client.

(d)1. Any law enforcement agency, facility, or other governmental agency that receives information pursuant to this subsection shall maintain the confidentiality of such information except as otherwise provided herein.

2. Any agency or private practitioner who acts in good faith in releasing information pursuant to this subsection is not subject to civil or criminal liability for such release.

(9) HABEAS CORPUS.—

(a) At any time, and without notice, a forensic client detained by a facility, or a relative, friend, guardian, representative, or attorney on behalf of such client, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the committing court issue a writ for release. Each client shall receive a written notice of the right to petition for a writ of habeas corpus.

(b) A client or his or her legal guardian or representatives or attorney may file a petition in the circuit court in the county where the client is committed alleging that the client is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused. Upon the filing of such a petition, the circuit court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct an abuse of the provisions of this chapter.

(10) TRANSPORTATION.—

(a) The sheriff shall consult with the governing board of the county as to the most appropriate and cost-effective means of transportation for forensic clients who have been committed for treatment or training. Such consultation shall include, but is not limited to, consideration of the cost to the county of transportation performed by sheriff’s personnel as opposed to transportation performed by other means and, if sheriff’s personnel are to be used for transportation, the effect such use will have, if any, on service delivery levels of the sheriff’s road patrol. After such consultation with the governing board of the county, the sheriff shall determine the most appropriate and cost-effective means of transportation for forensic clients committed for treatment or training.

(b) The governing board of each county is authorized to contract with private transport companies for the transportation of such clients to and from a facility.

(c) Any company that transports a client pursuant to this section is considered an independent contractor and is solely liable for the safe and dignified transportation of the client. Any transport company that contracts with the governing board of a county for the transport of clients as provided for in this section shall be insured and provide no less than $100,000 in liability insurance with respect to the transportation of the clients.

(d) Any company that contracts with a governing board of a county to transport clients shall comply with the applicable rules of the department or agency to ensure the safety and dignity of the clients.

(11) LIABILITY FOR VIOLATIONS.—Any person who violates or abuses any rights or privileges of a forensic client in the custody of the department or agency that are provided under this chapter shall be liable for damages as determined by law. Any person who acts in good faith in complying with the provisions of this chapter is immune from civil or criminal liability for his or her actions in connection with the admission, diagnosis, treatment, training, or discharge of a client to or from a facility. However, this subsection does not relieve any person from liability if he or she is negligent.

History.—s. 32, ch. 85-167; s. 73, ch. 87-226; s. 56, ch. 93-268; s. 2, ch. 94-258; s. 51, ch. 96-169; s. 436, ch. 96-406; s. 1835, ch. 97-102; s. 7, ch. 98-92; s. 71, ch. 2000-139; s. 114, ch. 2000-349; s. 120, ch. 2003-402; s. 101, ch. 2004-11; s. 3, ch. 2006-195; s. 29, ch. 2013-162; s. 43, ch. 2016-37; s. 1, ch. 2016-135.

F.S. 916.107 on Google Scholar

F.S. 916.107 on Casetext

Amendments to 916.107

Arrestable Offenses / Crimes under Fla. Stat. 916.107

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.107.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Destra v. United States
No. 22-CV-24229-RAR (S.D. Fla. Dec. 30, 2022)
Motion to dismiss
In fact, the Court recognizes that Petitioner has filed a state petition for writ of habeas corpus that is currently pending in the state trial court, confirming that Petitioner has access to a state forum where he can contest the conditions of his confinement and trial court's competency determination. See State v. Destra, No. F20-012299-B (Fla. 11th Cir. Ct. Dec. 20, 2022), Seq. No. 361; see also Fla. Stat. § 916.107(9)(a) (“At any time, and without notice, a forensic client detained by a facility . . . may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the committing court issue a writ for release.”); Pompey v. Broward Cnty., 95 F.3d 1543, 1551 (11th Cir. 1996) (holding that there is an adequate state forum when “the plaintiff could have sought habeas corpus relief in the state court system”).
PAGE 3
Felton v. State
332 So. 3d 540 (Fla. Dist. Ct. App. 2021)
We have jurisdiction to review final orders of trial courts. Art. V, § 4(b)(1), Fla. Const. We review orders authorizing treatment under section 916.107 for competent, substantial evidence. Dinardo v. State , 742 So. 2d 287, 289 (Fla. 1st DCA 1998). The testimony of Ms. Felton's physician meets this standard. The physician testified that Ms. Felton is mentally ill, that the treatment is essential to her care, and that the treatment is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects. § 916.107(3)(a)3, Fla. Stat. (2020). Ms. Felton's argument that her testimony contradicted her physician's is unpersuasive given that it is the prerogative of the trial judge to resolve credibility disputes.
PAGE 541
Law Office of the Pub. Def. v. State
316 So. 3d 375 (Fla. Dist. Ct. App. 2021)
It should be noted that even incompetent criminal defendants retain the capacity to exercise certain rights, such as the right to give written consent for treatment, section 916.107(3)(a), Florida Statutes (2020), and the right to vote, section 916.107(7), Florida Statutes (2020).
PAGE 376
Burke v. State
297 So. 3d 709 (Fla. Dist. Ct. App. 2020)
After the hearing, the court entered an order confirming that it had considered the requirements of section 916.107(3)(a) when determining whether to authorize the involuntary medication of Burke. The court found that the proposed treatment was not experimental and did not present an unreasonable risk of serious, hazardous, or irreversible side effects. The court considered Burke's expressed preference about treatment, the probability of adverse side effects, the prognosis without treatment, and the prognosis with treatment. The trial court found that Burke met the criteria for involuntary treatment and granted the hospital's petition. This timely appeal follows.
PAGE 711
Fla. Dep't of Children & Families v. State
315 So. 3d 88 (Fla. Dist. Ct. App. 2020)
Neither of the parties has taken a position on the merits of the Department's petition. Subsequent to the entry of the order on review, Emergency Orders DCF-20-096-EO and DCF-20-097-EO have suspended the Department's obligations pursuant to section 916.107(1)(a), Florida Statutes, regarding the transfer of forensic clients to a civil or forensic facility and the provision of treatment for forensic clients not yet in a civil or forensic facility through June 30, 2020.
PAGE 90
Hicks v. N. Fla. Reg'l Evaluation & Treatment Ctr.
285 So. 3d 405 (Fla. Dist. Ct. App. 2019) Cited 1 times
Section 916.107(3)(a), Florida Statutes (2018), permits involuntary treatment of a forensic client committed to a state facility in emergency situations or by petition of the court. Before granting a petition for involuntary treatment, the trial court "shall determine by clear and convincing evidence that the client has mental illness, intellectual disability, or autism, that the treatment not consented to is essential to the care of the client, and that the treatment not consented to is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects." § 916.107(3)(a) 3., Fla. Stat. (2018). The court must also consider: (1) the client's preference about treatment; (2) the likelihood of adverse side effects; (3) the client's prognosis without treatment; and (4) the client's prognosis with treatment. § 916.107(3)(a) 3., Fla. Stat. (2018).
PAGE 408
Miller v. N. Fla. Evaluation & Treatment Ctr.
287 So. 3d 681 (Fla. Dist. Ct. App. 2019) Cited 3 times
Section 916.107(3)(a), Florida Statutes (2018), permits involuntary treatment of a forensic client committed to a state facility in emergency situations or by petition of the court. Before granting a petition for involuntary treatment, the trial court "shall determine by clear and convincing evidence that the client has mental illness, intellectual disability, or autism, that the treatment not consented to is essential to the care of the client, and that the treatment not consented to is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects." § 916.107(3)(a)3, Fla. Stat. (2018). The court must also consider: (1) the client's preference about treatment; (2) the likelihood of adverse side effects; (3) the client's prognosis without treatment; and (4) the client's prognosis with treatment. § 916.107(3)(a) 3., Fla. Stat. (2018).
PAGE 684
Marino v. State
277 So. 3d 219 (Fla. Dist. Ct. App. 2019) Cited 1 times
We recognize that involuntarily commitment in a secure forensic facility might equally restrict a defendant's liberty as he or she is not free to leave the facility and that, as a practical matter, the conditions of commitment may be just as unpleasant as a jail. Defendants committed for restoration of competency, however, have statutory rights. § 916.107, Fla. Stat. (2018). Moreover, if a trial court were permitted to order treatment in a custodial facility when less restrictive options are available and appropriate, it would undermine the legislative intent. § 916.105(3), Fla. Stat. (2018) ("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.").
PAGE 222
Freyre v. Chronister
910 F.3d 1371 (11th Cir. 2018) Cited 17 times
Motion for summary judgment
Compare, e.g. , Fla. Stat. § 30.24(2)(b) ("independent contractors" transporting prisoners "shall be solely liable for the prisoner while the prisoner is in the custody of the company"), id. § 394.462(1)(c) ("independent contractor" transporting patients "is solely liable for the safe and dignified transport of the patient"), and id. § 916.107(10)(c) ("independent contractor" transporting clients is "solely liable for the safe and dignified transportation of the client"), with id. § 766.1115(2) ("It is the intent of the Legislature to ensure that health care professionals who contract to provide such services as agents of the state are provided sovereign immunity." (emphasis added) ).
PAGE 1382
Markham v. N. Fla. Evaluation & Treatment Ctr.
248 So. 3d 1274 (Fla. Dist. Ct. App. 2018) Cited 2 times
Appellant argues that this case is controlled by Ungerbuehler v. State , 729 So.2d 954 (Fla. 1st DCA 1998), in which this Court reversed an order authorizing medical treatment, finding that the state presented "absolutely no evidence that the multidisciplinary team deemed the treatment to be necessary, as required by section 916.107(3)(a), Florida Statutes." Id. at 954. This Court found that the only person to testify, the psychiatrist, "did not indicate that she spoke on behalf of the multidisciplinary team, nor was there testimony that the psychiatrist had discussed the necessity of medication with the treatment team." Id. at 955. In contrast, here, after testifying that he was requesting multiple medications for use in treating Appellant, and that Appellant would be observed for side effects and treated accordingly, the psychiatrist testified that the treatment team was "in agreement" with "this protocol." We find that this testimony is sufficient to support the lower tribunal's order.
Cases from cite.case.law:
FREYRE, v. CHRONISTER, s s C., 910 F.3d 1371 (11th Cir. 2018)

. . . . § 916.107(10)(c) ("independent contractor" transporting clients is "solely liable for the safe and . . .
MARKHAM, v. NORTH FLORIDA EVALUATION AND TREATMENT CENTER,, 248 So. 3d 1274 (Fla. App. Ct. 2018)

. . . evidence that the multidisciplinary team deemed the treatment to be necessary, as required by section 916.107 . . .
GODFREY, v. STATE, 220 So. 3d 1273 (Fla. Dist. Ct. App. 2017)

. . . The order authorizing involuntary medical treatment is affirmed as the requirements of section 916.107 . . .
HUGHES, v. STATE, 221 So. 3d 1238 (Fla. Dist. Ct. App. 2017)

. . . .” § 916.107, Fla. Stat. (2017) (emphasis added). . . .
LIZZI, v. STATE, 168 So. 3d 1285 (Fla. Dist. Ct. App. 2015)

. . . the Forensic Client is in immediate need of psychiatric medication and treatment pursuant to Section 916.107 . . . Section 916.107(3), Florida Statutes (2014), allows a facility to involuntarily treat a patient if the . . . He also contends that, contrary to section 916.107(3)(a), Florida Statutes (2014), and section 916.106 . . . Section 916.107(3)(a), Florida Statutes (2014), requires the forensic client to “be asked to give express . . . Only when a client refuses treatment does the facility petition for a court order under section 916.107 . . .
In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 916.107(8), Fla. Stat. (xi) Estate inventories and account-ings. § 733.604(1), Fla. Stat. . . .
SMITH, v. STATE, 145 So. 3d 189 (Fla. Dist. Ct. App. 2014)

. . . Section 916.107(3) (a), Florida Statutes (2013), states that “[a] forensic client shall be asked to give . . . To establish compliance with section 916.107(3)(a), the petitioner must present evidence that the patient . . . Here, the record does not contain competent, substantial evidence to show compliance with section 916.107 . . . Nonetheless, we conclude that the State’s failure to present evidence of compliance with section 916.107 . . . Thus, the complete failure of the evidence to establish compliance with section 916.107(3)(a) is the . . .
DAHL, v. STATE, 139 So. 3d 944 (Fla. Dist. Ct. App. 2014)

. . . Its petition met the requirements of section 916.107(3)(a). . . . Section 916.107 covers the Rights of Forensic Clients. . . . and Informed Consent, section 916.107(3)(a). . . . Thus, compliance with section 916.107(2)(d) in a hearing held pursuant to section 916.107(3)(a) is not . . . See § 916.107(9)(b), Fla. . . . center’s petition to impose involuntary psychotropic treatment upon the patient pursuant to section 916.107 . . . individualized treatment plan which he had an opportunity to assist in preparing as required by section 916.107 . . .
ROGERS, v. STATE, 138 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . substantial evidence to support the trial court’s findings and to substantiate compliance with sec tion 916.107 . . . With regards to the patient’s first argument, section 916.107(3)(a), Florida Statutes (2013), provides . . . testimony from all treatment plan members is not required, in order to establish compliance with section 916.107 . . . Thus, no competent, substantial evidence exists to show compliance with section 916.107(3)(a).”); Smith . . . future hearing at which time the treatment center may present evidence of its compliance with sections 916.107 . . .
CHAPMAN, v. STATE, 133 So. 3d 1075 (Fla. Dist. Ct. App. 2014)

. . . the record must contain competent, substantial evidence ... to substantiate compliance with section 916.107 . . . On the first argument, section 916.107(3)(a), Florida Statutes (2013), provides, in pertinent part: A . . . Thus, no competent, substantial evidence exists to show compliance with section 916.107(3)(a). . . . Thus, no competent, substantial evidence exists to show compliance with section 916.107(2)(d). . . . (3)(a) and 916.107(2)(d). . . .
SMITH, v. STATE, 117 So. 3d 858 (Fla. Dist. Ct. App. 2013)

. . . review an order requiring a forensic patient to accept involuntary psychotropic treatment under section 916.107 . . .
TROUTMAN, v. STATE, 112 So. 3d 638 (Fla. Dist. Ct. App. 2013)

. . . Section 916.107(3)(a), Florida Statutes (2012), provides, in pertinent part: A forensic client shall . . . appropriate care of the client, such treatment may be provided under the following circumstances. ... § 916.107 . . . Our case law interpreting section 916.107(3)(a) “ ‘requires that at least some evidence that the multidisciplinary . . . substantial evidence to support the trial court’s findings and to substantiate compliance with section 916.107 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . § 916.107(8), Fla. Stat. (xi) Estate inventories and account-ings: § 733.604(1), Fla. Stat. . . . of detained- eriminal-defendants found inoompetent to proceed-or acquitted by-reason of insanityr-§-916.107 . . .
MORGAN, v. STATE, 94 So. 3d 677 (Fla. Dist. Ct. App. 2012)

. . . involuntary administration of psychotropic medication necessary and essential as required by section 916.107 . . . Section 916.107(3)(a), Florida Statutes (2011), provides in relevant part: (a) A forensic client shall . . . this petition was not a petition for the continuation of the previous order as provided in section 916.107 . . . Therefore, it was necessary for the state to prove compliance with section 916.107(3)(a), Florida Statutes . . . the petition finding that there was clear and convincing evidence of each of the factors in section 916.107 . . .
MARTIN, v. STATE, 94 So. 3d 700 (Fla. Dist. Ct. App. 2012)

. . . Under section 916.107(3)(a), a patient cannot be forcibly treated unless the treatment is “deemed necessary . . . Id. at 52 (quoting § 916.107(3)(a), Fla. Stat. (2010)). . . .
LEWIS, v. R. JAMES, E., 88 So. 3d 381 (Fla. Dist. Ct. App. 2012)

. . . See § 916.107, Fla. Stat. (2010). BENTON, C.J., THOMAS, and SWANSON, JJ., concur. . . .
LOUISMA, v. STATE, 78 So. 3d 50 (Fla. Dist. Ct. App. 2012)

. . . medication was deemed necessary and essential by his multidisciplinary team, as required by section 916.107 . . . Section 916.107(3)(a), provides that “[a] forensic client shall be asked to give express and informed . . . of the client,” such treatment may be provided under certain statutorily enumerated circumstances. § 916.107 . . . and that the trial court has considered at least the four factors specified in clauses ad of section 916.107 . . . the patient’s multidisciplinary treatment team at the forensic facility” within the terms of section 916.107 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 916.107(8), Fla. Stat. _ Estate inventories and account-ings. § 733.604(1), Fla. . . .
PANGBURN, v. L. BRADSHAW,, 39 So. 3d 578 (Fla. Dist. Ct. App. 2010)

. . . Compare § 916.107(1), Fla. Stat. (2009). . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 916.107(8), Fla. Stat. (xi) Estate inventories and account-ings. § 733.604(1), Fla. Stat. . . . of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. § 916.107 . . .
KENDRICK, v. STATE, 21 So. 3d 122 (Fla. Dist. Ct. App. 2009)

. . . review the trial court’s denial of her Petition for Writ of Habeas Corpus, filed pursuant to section 916.107 . . . Section 916.107(9)(b) is the enforcement mechanism for section 916.107, which acts as a committed defendant . . . See particularly § 916.107, Fla. Stat. (1991). . . . [Section 916.107(9) confers the right of a patient (extending to a guardian, representative, friend, . . . Here, appellant expressly raised her action under the authority of section 916.107(9)(b). . . .
ABREU- GUTIERREZ, v. R. JAMES, A., 1 So. 3d 262 (Fla. Dist. Ct. App. 2009)

. . . This is permissible under section 916.107(9)(a), Florida Statutes (2008), which permits a forensic client . . .
EVERETTE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 961 So. 2d 270 (Fla. 2007)

. . . client under section 916.106(7), Florida Statutes (2004) and his transport was governed by section 916.107 . . . Everette Is Not a Criminal Defendant Subject to Section 916.107(10) In addition to failing to join the . . . below also erred in holding that the sheriff is responsible for transporting Everette under section 916.107 . . . Section 916.107(10) is part of chapter 916 of the Florida Statutes, which addresses the treatment of . . . As Everette is currently a civilly committed person, the transportation provision of section 916.107( . . . his transportation would also be governed by the provisions of chapter 916, and, pursuant to section 916.107 . . . See § 916.107(10), Fla. Stat. (2004). . . . Stat. (2004) (providing unrestricted right to visitation), with § 916.107(5)(c), Fla. . . . to establish reasonable policies with regard to visitation and telephone communication); see also § 916.107 . . .
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. LEONS,, 948 So. 2d 988 (Fla. Dist. Ct. App. 2007)

. . . The DCF argues that part of the trial court’s order effectively amends section 916.107(l)(a), Florida . . . Nevertheless, the DCF argues that section 916.107(l)(a) eliminated any mandate to provide treatment to . . . or any other appropriate program until the client is transferred to a civil or forensic facility. § 916.107 . . . The DCF next suggests that section 916.107(l)(a) should supercede the responsibility imposed by section . . . We agree with the trial court’s finding that the amendment to section 916.107(l)(a) merely provided options . . .
DEPARTMENT OF CHILDREN AND FAMILIES, v. SOLIMAN, 947 So. 2d 568 (Fla. Dist. Ct. App. 2006)

. . . DCF should not be held in contempt and requiring DCF to explain why it had not complied with section 916.107 . . .
D. HADI, v. CORDERO,, 955 So. 2d 17 (Fla. Dist. Ct. App. 2006)

. . . Section 916.107, Florida Statutes (2006), states as follows: (1) RIGHT TO INDIVIDUAL DIGNITY.— (a) The . . . order containing all documentation required by the applicable Florida Rules of Criminal Procedure. § 916.107 . . . skillfully, safely, and humanely, with full respect for the client’s dignity and personal integrity.... § 916.107 . . .
AGENCY FOR PERSONS WITH DISABILITIES, v. RAMOS,, 925 So. 2d 455 (Fla. Dist. Ct. App. 2006)

. . . whether Everett continued to meet the criteria for secure residential placement, we found that section 916.107 . . .
STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. EVERETTE,, 911 So. 2d 119 (Fla. Dist. Ct. App. 2004)

. . . The Department objected, arguing that pursuant to section 916.107(10), Florida Statutes, the County Sheriff . . . Specifically, section 916.107(10), provides: The sheriff shall consult with the governing board of the . . . Thus, contrary to the dissent’s suggestion, section 916.107(10)(a), Florida Statutes, does apply in the . . . Section 916.107(10), Florida Statutes (2004), which governs transporting forensic clients, places the . . . transportation responsibility on the Sheriff. § 916.107(10)(a), Fla. . . . LEGAL ANALYSIS Both the majority opinion and the petitioner rely on section 916.107(10)(a), Florida Statutes . . . The trial court thought that this would violate section 916.107(l)(a), which states that “a jail may . . . The basic problem with the majority’s reliance on section 916.107(10) is that this statute does not apply . . . Section 916.107(10)(b), Florida Statutes, states that "[t]he governing board of each county is authorized . . . department had failed to take custody of them within fifteen days of commitment as mandated by section 916.107 . . .
PALM BEACH COUNTY SHERIFF, Ed J. A. C. W. v. STATE, 854 So. 2d 278 (Fla. Dist. Ct. App. 2003)

. . . of an incarcerated, incompetent criminal defendant after the fifteen-day period described in section 916.107 . . . Department had failed to take custody of them within fifteen days of commitment as mandated by section 916.107 . . .
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. M. H. v. D. T. v. D. T. v. V. F., 830 So. 2d 849 (Fla. Dist. Ct. App. 2002)

. . . Section 916.107(l)(a), Florida Statutes (2001), concerns placement of adults adjudicated incompetent . . .
FACYSON, Jr. v. JENNE,, 821 So. 2d 1169 (Fla. Dist. Ct. App. 2002)

. . . Section 916.107(l)(a), which contains a “bill of-rights” for forensic detainees, provides that a jail . . . from the county jail to an appropriate facility within the fifteen-day period specified in section 916.107 . . .
FRANKLIN, v. KEARNEY,, 814 So. 2d 462 (Fla. Dist. Ct. App. 2001)

. . . commitment by filing a petition for writ of habeas corpus with the Broward circuit court under section 916.107 . . . A prior version of section 916.107(9)(a) has been interpreted to require that such a challenge be made . . .
STATE DEPARTMENT OF CHILDREN FAMILIES, a v. MORRISON,, 727 So. 2d 404 (Fla. Dist. Ct. App. 1999)

. . . For the same reason we express no opinion on the effect of section 916.107, Florida Statutes (1997), . . .
UNGERBUEHLER, v. STATE, 729 So. 2d 954 (Fla. Dist. Ct. App. 1998)

. . . evidence that the multidisciplinary team deemed the treatment to be necessary, as required by section 916.107 . . .
PATTON, v. STATE, 712 So. 2d 1206 (Fla. Dist. Ct. App. 1998)

. . . Section 916.107(4), relating to quality of treatment, provides: Each patient committed pursuant to this . . .
DINARDO, v. STATE, 742 So. 2d 287 (Fla. Dist. Ct. App. 1998)

. . . substantial evidence sufficient to establish the necessity for the authorized treatment pursuant to section 916.107 . . . See § 916.107(3)(a), Fla. Stat. (1997). . . . Vaughn also ruled “again as in Meeker, such a finding [of compliance with the requirements of section 916.107 . . . Section 916.107(3)(a)3 requires the trial court to determine by clear and convincing evidence (i) that . . . In the order on review, the trial court makes the ultimate determinations required by section 916.107 . . .
HILLS, v. STATE, 706 So. 2d 103 (Fla. Dist. Ct. App. 1998)

. . . The order is premised on section 916.107, Florida Statutes (1995). . . . Section 916.107 provides in relevant part: Rights of forensic clients.— (3) RIGHT TO EXPRESS AND INFORMED . . . State, 584 So.2d 169 (Fla. 1st DCA 1991), applying section 916.107, that the evidence was not sufficient . . . Compare § 916.107, Fla. Stat. (1991) with § 916.107, Fla. Stat. (1995). . . .
MORELAND, v. STATE, 706 So. 2d 71 (Fla. Dist. Ct. App. 1998)

. . . Although the order purports to authorize treatment in accordance with section 916.107(3)(a), Florida . . . judicially imposed after commitment, pursuant to chapter 916, was that which was authorized under section 916.107 . . .
SIMPSON, v. STATE, 704 So. 2d 1145 (Fla. Dist. Ct. App. 1998)

. . . may be judicially imposed after commitment, pursuant to chapter 916 is that authorized under section 916.107 . . .
VAUGHN, v. STATE, 705 So. 2d 951 (Fla. Dist. Ct. App. 1998)

. . . Although purporting to authorize treatment in accordance with section 916.107(3), Florida Statutes, the . . . The court made findings by recitation of the statutory language of section 916.107(3)(a)3 in the challenged . . . team in the order, or whether the team had deemed the treatment to be necessary as required by section 916.107 . . .
HILLS, v. STATE, 699 So. 2d 735 (Fla. Dist. Ct. App. 1997)

. . . Earnest Hills appeals a final order approving treatment pursuant to section 916.107(3), Florida Statutes . . . argued that the trial court’s order was nonfinal and not otherwise appealable since, under section 916.107 . . .
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS,, 675 So. 2d 700 (Fla. Dist. Ct. App. 1996)

. . . placement of Myers in a secure community in-patient residential facility recites sections 916.105(3) and 916.107 . . .
STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MAXWELL,, 667 So. 2d 980 (Fla. Dist. Ct. App. 1996)

. . . See § 916.107(l)(a), Fla.Stat. (1993) (mandating that mentally ill defendants, after they have been found . . .
OZBOURN, v. STATE, 651 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . ." § 916.107(9), Fla.Stat. (1993). . . .
STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. R. STOUTAMIRE, E., 602 So. 2d 564 (Fla. Dist. Ct. App. 1992)

. . . See particularly § 916.107, Fla.Stat. (1991). . . . In subsection 916.107(4), the legislature has specifically dictated that “each patient committed pursuant . . . Section 916.107(11), inapplicable here, authorizes a suit for damages against “[a]ny person who violates . . . Section 916.107(9) confers the right of a patient (extending to a guardian, represent-. ative, friend . . .
MEEKER, v. STATE, 584 So. 2d 169 (Fla. Dist. Ct. App. 1991)

. . . patient’s multidisciplinary treatment team at the forensic facility” (e.s.), within the terms of Sec. 916.107 . . . The four findings required by Sec. 916.107(3)(a)3, supra, for nonconsensual treatment all relate to “ . . .
IN RE CORDERO, 27 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1988)

. . . has been afforded notice, counsel and a right to a hearing at which the criteria in Florida Statute § 916.107 . . . to the provision for a “petition” and an “order” in Florida Statute § 945.48(2)(b), Florida Statute §916.107 . . . Compare the criteria of Florida Statute § 916.107(3)(a)3. . . .
K. REILLY, v. FLORIDA STATE HOSPITAL,, 502 So. 2d 40 (Fla. Dist. Ct. App. 1987)

. . . This cause is before us on appeal from final orders entered pursuant to Section 916.107(3), Florida Statutes . . . present an unreasonable risk of serious, hazardous, or irreversible side effects” as required by Section 916.107 . . . Section 916.107(3)(a)3 provides, in pertinent part with emphasis added, the following: At the hearing . . .

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