Florida Statute 916.145 | 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. 916.145

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;

(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.

F.S. 916.145 on Google Scholar

F.S. 916.145 on Casetext

Amendments to 916.145

Arrestable Offenses / Crimes under Fla. Stat. 916.145

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.145.

Annotations, Discussions, Cases:

Cases Citing Statute 916.145

Total Results: 20

ALAN NERETTE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-07-21T00:53:00-07:00

Snippet: 3.213(a)(1). Morris, however, was based on section 916.145, Florida Statutes (2019), which provides that charges…, rather than mandatory as it is under section 916.145. There does appear to have been considerable

STATE OF FLORIDA v. CHARLES MORRIS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-03T00:53:00-07:00

Snippet: trial court dismissed the case based on section 916.145, Florida Statutes (2019), due to continuous mental… filed a motion to dismiss pursuant to section 916.145, Florida Statutes (2019), which provides: “The …Offill. Instead, consistent with section 916.145(1), the rule makes those findings necessary only…court decides not to dismiss the charges. See § 916.145(1), Fla. Stat. (2019) (providing that charges shall… filed a motion to dismiss pursuant to section 916.145, Florida Statutes (2019), which was granted by

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

Snippet: court's order appears to be based upon section 916.145(1), Florida Statutes (2017): "The charges

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 494

Snippet: three years if the charge is not listed in section 916.145(1), Florida Statutes (Dismissal of charges), as… finding, unless a charge is listed in section 916.145, Florida Statutes; or (4) shall be dismissed

Columbus Williams v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-02T00:53:00-07:00

Snippet: 898 So. 2d 1070, 1073 (Fla. 5th DCA 2005); cf. § 916.145, Fla. Stat. * We note that Dr. Blandino’s

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Fla. | Date Filed: 2018-07-19T00:53:00-07:00

McCray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-04T00:53:00-07:00

Snippet: to mental illness." Id. at 1297 (citing § 916.145). … renewed motion to dismiss pursuant to section 916.145. Certiorari

State v. Carey

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-11T00:00:00-08:00

Citation: 212 So. 3d 448

Snippet: [.] § 916.145(l)(n), Fla. Stat. (2015). Both Rule 3.213(a)(1) and section 916.145(l)(n), leave…the future. (Emphasis added). Section 916.145 of the Florida Statutes similarly provides for …defendant discharged, to be consistent with section 916.145, this provision must be read to apply only to the…five year before dismissal requirement of section 916.145. In sum, while the court below was authorized…correctly ruled that Fla. R.Crim. P. 3.213 and section 916.145, by their plain language, relate to the dismissal

McCray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 200 So. 3d 1296

Snippet: proceed due to mental illness. See § 916.145; Fla. R. Crim. P. 3.213(a)(1); State v. Benninghoff… the dismissal of charges, pursuant to section 916.145, Florida Statutes, and rule 3.213 of the Florida

State of Florida v. Cynthia J. Benninghoff

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-23T00:00:00-07:00

Citation: 188 So. 3d 64

Snippet: )(1) (emphasis added). Similarly, section 916.145, Florida Statutes, provides: The charges against…declared competent to proceed in the future. § 916.145, Fla. Stat. (2015) (emphasis added). Cases…the dismissal- of charges, pursuant to section 916.145, Florida Statutes, and rule 3.213 of the Florida…Based on a plain reading of rule 3.213, section 916.145, and case law, the trial court erred in dismissing

Department of Children & Families v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

Citation: 201 So. 3d 78

Snippet: dismissed without prejudice pursuant to section 916.145 of the Florida Statutes (2014). However, we agree

Kendrick Joseph v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-03T00:00:00-08:00

Citation: 152 So. 3d 741, 2014 Fla. App. LEXIS 19609

Snippet: disability.” § 916.106(14), Fla. Stat. (2013). Section 916.145, Florida Statutes (2013), provides for the dismissal

Paolercio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-10T00:00:00-08:00

Citation: 129 So. 3d 1174

Snippet: a new offense while on pretrial release. See § 916.145, Fla. Stat. (2012); § 916.303(1), Fla. Stat. (2012

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-20T00:00:00-07:00

Citation: 15 So. 3d 37, 2009 Fla. App. LEXIS 5513, 2009 WL 1393071

Snippet: restored to competency. By comparison, section 916.145, applicable to mentally ill defendants, provides

Everette v. FLORIDA DCF

Court: Fla. | Date Filed: 2007-06-28T00:53:00-07:00

Citation: 961 So. 2d 270

Snippet: December 18, 1996, pursuant to then-numbered section 916.145 of the Florida Statutes, which provided a two-year…dissenting in part). NOTES [1] In 1998, section 916.145 was amended to address only persons adjudicated…. See ch. 98-92, § 18, at 718, Laws of Fla.; § 916.145, Fla. Stat. (Supp.1998). In that same chapter law

DCF v. Wehrwein

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-17T00:00:00-08:00

Citation: 942 So. 2d 947

Snippet: were essentially unrefuted. Pursuant to section 916.145, it appeared likely that Wehrmein's criminal…PALMER and MONACO, JJ., concur. NOTES [1] Section 916.145, Florida Statutes (2005) provides: The charges

State v. Everette

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-27T00:53:00-07:00

Citation: 911 So. 2d 119

Snippet: Everette's criminal case pursuant to section 916.145, Florida Statutes (1996), committed Everette, pursuant…and retained jurisdiction over Everette. Section 916.145, which has since been renumbered to section 916.303…stand trial two years after such adjudication. § 916.145, Fla. Stat. (1996). Moreover, section 916.13, Florida…secure, forensic residential setting pursuant to § 916.145, Fla. Stat. (1996) and § 393.11, Fla. Stat. (1996

Mosher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-10T00:53:00-07:00

Citation: 876 So. 2d 1230

Snippet: ruling that Fla. R.Crim. P. 3.213 and section 916.145, Florida Statutes (2002), relate to the dismissal…correctly ruled that Fla. R.Crim. P. 3.213 and section 916.145, by their plain language, relate to the dismissal… pursuant to Fla. R.Crim. P. 3.213 and section 916.145. We reject Mosher's argument that Jackson v

State v. Offill

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-11T23:53:00-08:00

Citation: 837 So. 2d 533

Snippet: the statute addressing this situation, section 916.145, Florida Statutes (2001), appears to conflict with… applies to competency determinations. Section 916.145 provides that the court shall dismiss the charges

State, Department of Children & Families v. Reyes

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-04T00:00:00-07:00

Citation: 829 So. 2d 252

Snippet: dismiss his criminal charges pursuant to section 916.145, Florida Statutes (2001).1 He also filed a motion…committing court to dismiss the criminal charges. See § 916.145, Fla. Stat. (2001); Fla. R.Crim. P. 3.213(b) (2001…petition for writ of certiorari is denied. . Section 916.145, Florida Statutes (2001), provides that "[