Florida Statute 916.115 | 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. 916.115

916.115 Appointment of experts.—

(1) The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to proceed, insanity, involuntary placement, and treatment. The experts may evaluate the defendant in jail or in another appropriate local facility or in a facility of the Department of Corrections.

(a) To the extent possible, the appointed experts shall have completed forensic evaluator training approved by the department, and each shall be a psychiatrist, licensed psychologist, or physician.

(b) The department shall maintain and annually provide the courts with a list of available mental health professionals who have completed the approved training as experts.

(2) The court shall pay for any expert that it appoints by court order, upon motion of counsel for the defendant or the state or upon its own motion. If the defense or the state retains an expert and waives the confidentiality of the expert’s report, the court may pay for no more than two additional experts appointed by court order. If an expert appointed by the court upon motion of counsel for the defendant specifically to evaluate the competence of the defendant to proceed also addresses issues related to sanity as an affirmative defense, the court shall pay only for that portion of the expert’s fees relating to the evaluation on competency to proceed, and the balance of the fees shall be chargeable to the defense.

(a) Pursuant to s. 29.006, the office of the public defender shall pay for any expert retained by the office.

(b) Pursuant to s. 29.005, the office of the state attorney shall pay for any expert retained by the office and for any expert whom the office retains and whom the office moves the court to appoint in order to ensure that the expert has access to the defendant.

(c) An expert retained by the defendant who is represented by private counsel appointed under s. 27.5303 shall be paid by the Justice Administrative Commission.

(d) An expert retained by a defendant who is indigent for costs as determined by the court and who is represented by private counsel, other than private counsel appointed under s. 27.5303, on a fee or pro bono basis, or who is representing himself or herself, shall be paid by the Justice Administrative Commission from funds specifically appropriated for these expenses.

(e) State employees shall be reimbursed for expenses pursuant to s. 112.061.

(f) The fees shall be taxed as costs in the case.

(g) In order for an expert to be paid for the services rendered, the expert’s report and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.

History.—s. 1, ch. 80-75; s. 5, ch. 82-176; s. 5, ch. 83-274; s. 25, ch. 84-285; s. 34, ch. 85-167; s. 18, ch. 94-154; s. 1528, ch. 97-102; s. 14, ch. 98-92; s. 58, ch. 2005-236; s. 10, ch. 2006-195.

Note.—Former s. 916.11.

F.S. 916.115 on Google Scholar

F.S. 916.115 on Casetext

Amendments to 916.115

Arrestable Offenses / Crimes under Fla. Stat. 916.115

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.115.

Annotations, Discussions, Cases:

Cases Citing Statute 916.115

Total Results: 19

Alagabara Awolowo v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: Rule of Criminal Procedure 3.210(b) and section 916.115, Florida Statutes. In the motion, counsel alleged

DEPARTMENT OF CHILDREN AND FAMILIES v. STATE OF FLORIDA AND WILLIAM ELVEY

Court: District Court of Appeal of Florida | Date Filed: 2024-02-29

Snippet: involuntary placement, and treatment.” See § 916.115(1), Fla. Stat. Finally, when, as here, Elvey has

Aaron Beal Wanless v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-06

Citation: 271 So. 3d 1219

Snippet: about his sanity. Wanless argues that section 916.115(1)(a), Florida Statutes—which provides that court-appointed

Manuel v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-04-24

Citation: 162 So. 3d 1157, 2015 Fla. App. LEXIS 6001, 2015 WL 1851542

Snippet: Rule of Criminal Procedure 3.216(a) and section 916.115(2), Florida Statutes (2012), as well as the numerous

Gregory David Larkin v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-05-22

Citation: 147 So. 3d 452, 2014 Fla. LEXIS 1671

Snippet: Ct. 788, 4 L.Ed.2d 824 (1960); see § 916.115, Fla. Stat. (2009) (providing for appoint

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-06-29

Citation: 93 So. 3d 404, 2012 WL 2471318, 2012 Fla. App. LEXIS 10580

Snippet: section 916.12(1), the trial court, under section 916.115(1), appointed two mental health experts to examine

Yancy v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-05-30

Citation: 88 So. 3d 1040, 2012 WL 1934462, 2012 Fla. App. LEXIS 8743

Snippet: is recognized by section 916.115, Florida Statutes (2011). Section 916.115 initially states in subsection

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-04

Citation: 134 So. 3d 975, 2012 WL 1109129, 2012 Fla. App. LEXIS 5234

Snippet: Appointed counsel filed a notice under section 916.115, Florida Statutes (2009), and Florida Rule of Criminal

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: assertion of improper intent. Cf. Miller, 515 U.S. at 916, 115 S.Ct. 2475 (stating that in racial gerrymandering

Madison v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-04-08

Citation: 58 So. 3d 384, 2011 Fla. App. LEXIS 4878, 2011 WL 1326279

Snippet: not have been assessed against Madison. See § 916.115, Fla. Stat. (2010); also cf. W.Z. v. State, 35

TITA v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-28

Citation: 42 So. 3d 838, 2010 Fla. App. LEXIS 10846, 2010 WL 2925435

Snippet: competency"); Ch. 2005-236, Laws of Fla. (amending section 916.115 to eliminate language requiring the court to appoint

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: forensic facility if certain criteria are met. See §§ 916.115, *833 et seq., Fla. Stat.[1] Part III of Chapter

W.Z. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

Citation: 35 So. 3d 51, 2010 Fla. App. LEXIS 5048

Snippet: in criminal proceedings are governed by section 916.115.

WZ v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

Citation: 35 So. 3d 51, 2010 WL 1507010

Snippet: in criminal proceedings are governed by section 916.115.

Department of Children & Families v. Alvarado

Court: District Court of Appeal of Florida | Date Filed: 2007-01-19

Citation: 946 So. 2d 130, 2007 Fla. App. LEXIS 483, 2007 WL 120072

Snippet: reports of experts appointed pursuant to section 916.115, Florida Statutes (2006), and Florida Rule of Criminal

Department of Children and Families v. Clem

Court: District Court of Appeal of Florida | Date Filed: 2005-06-10

Citation: 903 So. 2d 1011, 2005 Fla. App. LEXIS 8788, 2005 WL 1364562

Snippet: the accused incompetent to stand trial. See §§ 916.115, 916.12, & 916.13, Fla. Stat. (2003). In addition

OFFICE OF STATE ATTORNEY v. Polites

Court: District Court of Appeal of Florida | Date Filed: 2005-05-25

Citation: 904 So. 2d 527

Snippet: health professionals appointed pursuant to section 916.115(2), Florida Statutes (2004), and required in a

Gaskin v. State

Court: Supreme Court of Florida | Date Filed: 2001-10-18

Citation: 798 So. 2d 721, 26 Fla. L. Weekly Supp. 685, 2001 Fla. LEXIS 2080, 2001 WL 1241185

Snippet: 793 So.2d at 906 (“[W]e determine that section 916.115, Florida Statutes (2000), dictates that the County

Miami-Dade County v. Jones

Court: Supreme Court of Florida | Date Filed: 2001-08-23

Citation: 793 So. 2d 902, 26 Fla. L. Weekly Supp. 533, 2001 Fla. LEXIS 1658, 2001 WL 950230

Snippet: from the court-approved list, pursuant to section 916.115(1), Florida Statutes (2000). CCRC suggested the