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: District Court of Appeal of Florida | Date Filed: 2021-07-21

Snippet: 213(a)(1). Morris, however, was based on section 916.145, Florida Statutes (2019), which provides that charges

STATE OF FLORIDA v. CHARLES MORRIS

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

Snippet: trial court dismissed the case based on section 916.145, Florida Statutes (2019), due to continuous mental

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: 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: Supreme Court of Florida | Date Filed: 2018-10-04

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

Columbus Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-10-02

Citation: 256 So. 3d 954

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: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: three years if the charge is not listed in section 916.145(1), Florida Statutes (Dismissal of charges), as

McCray v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 230 So. 3d 495

Snippet: to mental illness." Id. at 1297 (citing § 916.145).

State v. Carey

Court: District Court of Appeal of Florida | Date Filed: 2017-01-11

Citation: 212 So. 3d 448, 2017 Fla. App. LEXIS 209

Snippet: the future. (Emphasis added). Section 916.145 of the Florida Statutes similarly provides for

McCray v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

Citation: 200 So. 3d 1296, 2016 Fla. App. LEXIS 14829, 2016 WL 5845694

Snippet: proceed due to mental illness. See § 916.145; Fla. R. Crim. P. 3.213(a)(1); State v. Benninghoff

State of Florida v. Cynthia J. Benninghoff

Court: District Court of Appeal of Florida | Date Filed: 2016-03-23

Citation: 188 So. 3d 64, 2016 Fla. App. LEXIS 4521

Snippet: 213(a)(1) (emphasis added). Similarly, section 916.145, Florida Statutes, provides: The charges against

Department of Children & Families v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

Citation: 201 So. 3d 78, 2015 Fla. App. LEXIS 13447

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

Kendrick Joseph v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

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: District Court of Appeal of Florida | Date Filed: 2014-01-10

Citation: 129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

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

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

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: Supreme Court of Florida | Date Filed: 2007-06-28

Citation: 961 So. 2d 270, 2007 WL 1836953

Snippet: December 18, 1996, pursuant to then-numbered section 916.145 of the Florida Statutes, which provided a two-year

DCF v. Wehrwein

Court: District Court of Appeal of Florida | Date Filed: 2006-11-17

Citation: 942 So. 2d 947, 2006 WL 3327724

Snippet: were essentially unrefuted. Pursuant to section 916.145, it appeared likely that Wehrmein's criminal case

State v. Everette

Court: District Court of Appeal of Florida | Date Filed: 2004-10-27

Citation: 911 So. 2d 119, 2004 WL 2389922

Snippet: dismissed Everette's criminal case pursuant to section 916.145, Florida Statutes (1996), committed Everette, pursuant

Mosher v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-10

Citation: 876 So. 2d 1230, 2004 WL 1263716

Snippet: ruling that Fla. R.Crim. P. 3.213 and section 916.145, Florida Statutes (2002), relate to the dismissal

State v. Offill

Court: District Court of Appeal of Florida | Date Filed: 2003-02-12

Citation: 837 So. 2d 533, 2003 WL 289001

Snippet: the statute addressing this situation, section 916.145, Florida Statutes (2001), appears to conflict with

State, Department of Children & Families v. Reyes

Court: District Court of Appeal of Florida | Date Filed: 2002-09-04

Citation: 829 So. 2d 252, 2002 Fla. App. LEXIS 12775, 2002 WL 2009793

Snippet: dismiss his criminal charges pursuant to section 916.145, Florida Statutes (2001).1 He also filed a motion