Florida Statute 916.14 - 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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916.14 Statute of limitations; former jeopardy.—The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is declared incompetent to proceed during trial and afterwards is declared competent to proceed, the defendant’s other, uncompleted trial shall not constitute former jeopardy.

History.—s. 1, ch. 80-75; s. 1531, ch. 97-102; s. 17, ch. 98-92.

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Amendments to 916.14

Annotations, Discussions, Cases:

Cases Citing Statute 916.14

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In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992).

Cited 9 times | Published | Supreme Court of Florida | 1992 WL 246494

...tes (1979). (c) Since commitment criteria for a defendant determined to be incompetent to stand trial are the same as for civil hospitalization, there is no need to continue the difference between felony and misdemeanor procedure. *289 Section 925.24916.14, Florida Statutes (Supp. 1980) [designated as Fla.St. 1980, Supp. § 916.14], makes the statute of limitations and defense of former jeopardy inapplicable to criminal charges dismissed because of incompetence of defendant to stand trial....

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Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2006 WL 1210208

...Thus, Byrd was not authority for determining whether the issue presented here was substantive or procedural. As noted, section 916.303(1) provides that dismissal of criminal charges is without prejudice to the State to refile, should Petitioner become competent. In addition, section 916.14, Florida Statutes (2002), provides that "[t]he statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed." Although the substantive right created by section 916...

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Amendments to the Florida Rules of Crim. Procedure, 794 So. 2d 457 (Fla. 2000).

Published | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548

...in case of retardation, see chapter 393, Florida Statutes (1979). (c) Since commitment criteria for a defendant determined to be incompetent to stand trial are the same as for civil hospitalization, there is no need to continue the difference between felony and misdemean- or procedure. Section 916.14, Florida Statutes, makes the statute of limitations and defense of former jeopardy inapplicable to criminal charges dismissed because of incompetence of defendant to stand trial....

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Perkins v. State, 84 So. 3d 336 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 385477, 2012 Fla. App. LEXIS 1786

...t charge. The stipulated dismissal is without prejudice. And, we note that the State may prosecute Mr. Perkins "for a capital felony, a life felony, or a felony that resulted in a death ... at any time." § 775.15(1), Fla. Stat. (2003). In addition, section 916.14, Florida Statutes (2003), provides that "[t]he statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed.”