916.145
Dismissal of charges.
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916.145 Dismissal of charges.—
(1) The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The court may dismiss such charges at least 3 years after such determination, unless the charge is:
(a) Arson;
(b) Sexual battery;
(c) Robbery;
(d) Kidnapping;
(e) Aggravated child abuse;
(f) Aggravated abuse of an elderly person or disabled adult;
(g) Aggravated assault with a deadly weapon;
(h) Murder;
(i) Manslaughter;
(j) Aggravated manslaughter of an elderly person or disabled adult;
(k) Aggravated manslaughter of a child;
(l) Unlawful throwing, projecting, placing, or discharging of a destructive device or bomb;
(m) Armed burglary;
(n) Aggravated battery;
(o) Aggravated stalking;
(p) A forcible felony as defined in s. 776.08 and not listed elsewhere in this subsection;
(q) An offense where an element of the offense requires the possession, use, or discharge of a firearm;
(r) An attempt to commit an offense listed in this subsection;
(s) An offense allegedly committed by a defendant who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the nonviolent felony sought to be dismissed;
(t) An offense allegedly committed by a defendant who, after having been found incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the Office of the Statewide Prosecutor with a new felony offense; or
(u) An offense for which there is an identifiable victim and such victim has not consented to the dismissal.
(2) This section does not prohibit the state from refiling dismissed charges if the defendant is declared to be competent to proceed in the future.
History.—s. 6, ch. 83-274; s. 74, ch. 87-226; s. 1532, ch. 97-102; s. 18, ch. 98-92; s. 13, ch. 2006-195; s. 3, ch. 2016-135.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 2002–2021 · leading case: Mosher v. State
Mosher v. State (2004)
“213 and section 916.145, Florida Statutes (2002), relate to the dismissal of charges that have been pending for more than five years and that neither was applicable to Mosher.”
Sharris v. Commonwealth (2018)
“5-116 ; Fla. Stat. § 916.145 ; Ga. Code Ann. § 17-7-130 ; Haw.”
State v. Everette (2004)
“§ 916.145, Fla. Stat. (1996). Moreover, section 916.”
State of Florida v. Cynthia J. Benninghoff (2016)
“§ 916.145, Fla. Stat. (2015) (emphasis added).”
McCray v. State (2016)
“4th DCA 2016) (providing a collection of cases that stand for the proposition that “[c]ases reviewing the dismissal of charges, pursuant to section 916.145, Florida Statutes, and rule 3.”
DCF v. Wehrwein (2006)
“NOTES [1] Section 916.145, Florida Statutes (2005) provides: The charges against any defendant adjudicated incompetent to proceed due to the defendant's mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed 5 years after…”
State v. Ray (2012)
“32 Fla. Stat. Ann. § 916.145 (West 2011 & Supp.”
State v. Offill (2003)
“We next observe that the statute addressing this situation, section 916.145, Florida Statutes (2001), appears to conflict with the corresponding rule of criminal procedure, rule 3.”
Gonzalez v. State (2009)
“By comparison, section 916.145, applicable to mentally ill defendants, provides a similar right to dismissal of criminal charges after a specific period, i.”
McCray v. State (2017)
“at 1297 (citing § 916.145). -2- Following our opinion in McCray, the trial court conducted a hearing and entered the order that prompted the instant certiorari proceeding (Petition II).”
In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT. (2018)
“shall be dismissed no later than 2 years after a finding if incompetency is due to intellectual disability or autism; (3) may be dismissed 3 years after a finding, unless a charge is listed in section 916.145, Florida Statutes; or (4) shall be dismissed after a finding that the…”
Columbus Williams v. State of Florida (2018)
“§ 916.145, Fla. Stat. * We note that Dr. Blandino’s report was based on a limited review of Williams’ medical history, while he testified at the hearing after he had a more complete understanding of Williams’ history.”
— 916.145(1) — 4 cases
In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT. (2018)
“shall be dismissed no later than 2 years after a finding if incompetency is due to intellectual disability or autism; (3) may be dismissed 3 years after a finding, unless a charge is listed in section 916.145, Florida Statutes; or (4) shall be dismissed after a finding that the…”
— 916.145(l)(n) — 1 case
State v. Carey (2017)
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