Florida Statute 916.12 | 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. 916.12

916.12 Mental competence to proceed.—

(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.

(2) Mental health experts appointed pursuant to s. 916.115 shall first determine whether the defendant has a mental illness and, if so, consider the factors related to the issue of whether the defendant meets the criteria for competence to proceed as described in subsection (1). A defendant must be evaluated by no fewer than two experts before the court commits the defendant or takes other action authorized by this chapter or the Florida Rules of Criminal Procedure, except if one expert finds that the defendant is incompetent to proceed and the parties stipulate to that finding, the court may commit the defendant or take other action authorized by this chapter or the rules without further evaluation or hearing, or the court may appoint no more than two additional experts to evaluate the defendant. Notwithstanding any stipulation by the state and the defendant, the court may require a hearing with testimony from the expert or experts before ordering the commitment of a defendant.

(3) In considering the issue of competence to proceed, an examining expert shall first consider and specifically include in his or her report the defendant’s capacity to:

(a) Appreciate the charges or allegations against the defendant.

(b) Appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against the defendant.

(d) Disclose to counsel facts pertinent to the proceedings at issue.

(e) Manifest appropriate courtroom behavior.

(f) Testify relevantly.

In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.

(4) If an expert finds that the defendant is incompetent to proceed, the expert shall report on any recommended treatment for the defendant to attain competence to proceed. In considering the issues relating to treatment, the examining expert shall specifically report on:

(a) The mental illness causing the incompetence.

(b) The completion of a clinical assessment by approved mental health experts trained by the department to ensure safety of the patient and the community.

(c) The treatment or treatments appropriate for the mental illness of the defendant and an explanation of each of the possible treatment alternatives, including, at a minimum, mental health services, treatment services, rehabilitative services, support services, and case management services as described in s. 394.67, which may be provided by or within multidisciplinary community treatment teams, such as Florida Assertive Community Treatment, conditional release programs, outpatient services or intensive outpatient treatment programs, and supportive employment and supportive housing opportunities in treating and supporting the recovery of the patient.

(d) The availability of acceptable treatment and, if treatment is available in the community, the expert shall so state in the report.

(e) The likelihood of the defendant’s attaining competence under the treatment recommended, an assessment of the probable duration of the treatment required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future.

The examining expert’s report to the court shall include a full and detailed explanation regarding why the alternative treatment options referenced in the evaluation are insufficient to meet the needs of the defendant.

(5) A defendant who, because of psychotropic medication, is able to understand the nature of proceedings and assist in the defendant’s own defense shall not automatically be deemed incompetent to proceed simply because the defendant’s satisfactory mental functioning is dependent upon such medication. As used in this subsection, “psychotropic medication” means any drug or compound used to treat mental or emotional disorders affecting the mind, behavior, intellectual functions, perception, moods, or emotions and includes antipsychotic, antidepressant, antimanic, and antianxiety drugs.

History.—s. 1, ch. 80-75; s. 1529, ch. 97-102; s. 15, ch. 98-92; s. 59, ch. 2005-236; s. 11, ch. 2006-195; s. 21, ch. 2010-117; s. 3, ch. 2023-270.

F.S. 916.12 on Google Scholar

F.S. 916.12 on Casetext

Amendments to 916.12

Arrestable Offenses / Crimes under Fla. Stat. 916.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.12.

Annotations, Discussions, Cases:

Cases Citing Statute 916.12

Total Results: 20

Leo L. Boatman v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-10-17

Snippet: statutorily enumerated competence factors in section 916.12(3), Florida Statutes (2019). Although her findings

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: was incompetent to proceed. As defined by section 916.12, he would be incompetent to proceed if he “does

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Supreme Court of Florida | Date Filed: 2023-11-22

Snippet: Scoresheet). 1 The amendments reflect changes to sections 916.12, 916.13, 921.0024, and 775.0823, Florida Statutes

Barry A. Noetzel v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-11-10

Snippet: that were made by the expert in this case. See § 916.12, Fla. Stat. (2020); Fla R. Crim. P. 3.211-3.212

STATE OF FLORIDA v. CHARLES MORRIS

Court: District Court of Appeal of Florida | Date Filed: 2020-06-03

Snippet: competency. See § 916.12(4), Fla. Stat. (2019); Fla. R. Crim. P. 3.212(c). Section 916.12(4) states, “If

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

Court: District Court of Appeal of Florida | Date Filed: 2019-07-17

Snippet: availability of treatment in different settings. See § 916.12(4), Fla. Stat. (2018); Fla. R. Crim. P. 3.211(b)(3)

Dep't of Children & Families v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 267 So. 3d 1087

Snippet: properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule of Criminal

Dep't of Children & Families v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 267 So. 3d 1087

Snippet: properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule of Criminal

CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 890

Snippet: underlie a competency determination. See generally § 916.12. Florida statutes also provide a

BROWARD BEHAVIORAL HEALTH COALITION, INC. v. MERTILEINE GENESTANT

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 260 So. 3d 293

Snippet: competency restoration services pursuant to section 916.12, Florida Statutes (2017). We grant the petition

DCF v. Kamaluddin

Court: District Court of Appeal of Florida | Date Filed: 2018-03-05

Citation: 240 So. 3d 844

Snippet: 784.08(2)(c), Fla. Stat. (2017). 2 Section 916.12(2), Florida Statutes (2017), provides that a defendant

Robert L. Rumph v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 1092, 2017 WL 1372097, 2017 Fla. App. LEXIS 5110

Snippet: 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); accord § 916.12(1), Fla. Stat. (2014); Whitfield v. State, 164

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-22

Citation: 194 So. 3d 545, 2016 Fla. App. LEXIS 9525, 2016 WL 3421533

Snippet: period of legal incompetence. See § 916.12, Fla. Stat. (2010). He was not restored to competency

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: questioned. To make this determination, section 916.12(2) states that the defendant shall be evaluated

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: evaluations will be conducted in compliance with section 916.12, Florida Statutes (2010) and Rule 3.211, Florida

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: psychologists- considered the factors articulated in section 916.12(3)(a)-(f), Florida Statutes (2011), including whether

Quawn M. Franklin v. Michael D. Crews, etc.

Court: Supreme Court of Florida | Date Filed: 2014-01-16

Snippet: State, 716 So. 2d 761, 763 (Fla. 1998)); see also § 916.12(1), Fla. Stat. (2012); Fla. R. Crim. P. 3.851(g)(8)(A)

Quawn M. Franklin v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-01-16

Citation: 137 So. 3d 969

Snippet: 2d 761, 768 (Fla.1998)); see also § 916.12(1), Fla. Stat. (2012); Fla. R.Crim. P. 3.851(g)(8)(A)

Hernandez-Alberto v. State

Court: Supreme Court of Florida | Date Filed: 2013-07-03

Citation: 126 So. 3d 193, 2013 WL 3334919

Snippet: 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (2010); Fla. R.Crim. P. 3.211(a)(1);

Barnes v. State

Court: Supreme Court of Florida | Date Filed: 2013-06-27

Citation: 124 So. 3d 904, 38 Fla. L. Weekly Supp. 490, 2013 WL 3214422, 2013 Fla. LEXIS 1313

Snippet: understanding of the proceedings against her or him.” §' 916.12(1), Fla. Stat. (2006). “As this Court succinctly