Florida Statute 916.15 | 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. 916.15

916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.—

(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal Procedure.

(2) A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others.

(3)(a) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure.

(b) Immediately after receipt of a completed copy of the court commitment order containing all documentation required by the applicable Florida Rules of Criminal Procedure, the department shall request all medical information relating to the defendant from the jail. The jail shall provide the department with all medical information relating to the defendant within 3 business days after receipt of the department’s request or at the time the defendant enters the physical custody of the department, whichever is earlier.

(c) The department shall admit a defendant so adjudicated to an appropriate facility or program for treatment and shall retain and treat such defendant. No later than 6 months after the date of admission, prior to the end of any period of extended commitment, or at any time that the administrator or his or her designee determines that the defendant no longer meets the criteria for continued commitment placement, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court. Evidence at such hearing may be presented by the hospital administrator or the administrator’s designee as well as by the state and the defendant. The defendant shall have the right to counsel at any such hearing. In the event that a defendant is determined to be indigent pursuant to s. 27.52, the public defender shall represent the defendant. The parties shall have access to the defendant’s records at the treating facilities and may interview or depose personnel who have had contact with the defendant at the treating facilities.

(5) The commitment hearing shall be held within 30 days after the court receives notification that the defendant no longer meets the criteria for continued commitment. The defendant must be transported to the committing court’s jurisdiction for the hearing. Each defendant returning to a jail shall continue to receive the same psychotropic medications as prescribed by the facility physician at the time of discharge from a forensic or civil facility, unless the jail physician determines there is a compelling medical reason to change or discontinue the medication for the health and safety of the defendant. If the jail physician changes or discontinues the medication and the defendant is later determined at the competency hearing to be incompetent to stand trial and is recommitted to the department, the jail physician may not change or discontinue the defendant’s prescribed psychotropic medication upon the defendant’s next discharge from the forensic or civil facility.

History.—s. 1, ch. 80-75; s. 36, ch. 85-167; s. 1533, ch. 97-102; s. 19, ch. 98-92; s. 121, ch. 2003-402; s. 14, ch. 2006-195; s. 4, ch. 2016-135; s. 14, ch. 2020-39.

F.S. 916.15 on Google Scholar

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Amendments to 916.15

Arrestable Offenses / Crimes under Fla. Stat. 916.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.15.

Annotations, Discussions, Cases:

Cases Citing Statute 916.15

Total Results: 20

McDaniel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: Department of Children and Families pursuant to section 916.15, Florida Statutes (2016). In 2017, Mr. McDaniel

Reynolds v. State of Florida and Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-05-02

Snippet: a commitment hearing as contemplated by section 916.15(2), Florida Statutes (2023), and Florida Rule of

CHARITY NOELLE WOOD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9).

STATE OF FLORIDA v. CHARLES MORRIS

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

Snippet: commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate

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: commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate

Daniel Kellond v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-12-08

Citation: 206 So. 3d 138, 2016 Fla. App. LEXIS 18091

Snippet: manifestly dangerous to himself or herself or others.” § 916.15(2), Fla. Stat. (2015). 1 We agree.

Charles Michael Phillips v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

Citation: 178 So. 3d 468, 2015 Fla. App. LEXIS 15634

Snippet: probation violation. Pursuant to Rule 3.218 and section 916.15, Florida Statutes (2004), Phillips was committed

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: facility pursuant to *82 s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate

Carole Louise Kendrick v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-05-26

Snippet: the necessary findings as required by section 916.15, Florida Statutes, and because those findings

Vista St. Lucie Ass'n v. Dellatore

Court: District Court of Appeal of Florida | Date Filed: 2015-05-20

Citation: 165 So. 3d 731, 2015 Fla. App. LEXIS 7644, 2015 WL 2393300

Snippet: dated July 11, 2011.” The trial court awarded $6,916.15 in fees. The association moved for rehearing, arguing

Day Of October, 1997

Court: District Court of Appeal of Florida | Date Filed: 2015-05-20

Snippet: dated July 11, 2011.” The trial court awarded $6,916.15 in fees. The association moved for rehearing

Kendrick v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-05-19

Citation: 163 So. 3d 1256, 2015 Fla. App. LEXIS 7501, 2015 WL 2375272

Snippet: contains the necessary findings as required by section 916.15, Florida Statutes, and because those findings are

Morrow v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-18

Citation: 153 So. 3d 402, 2014 Fla. App. LEXIS 20564, 2014 WL 7184252

Snippet: section 916.13(1). § 916.106(9), Fla. Stat. Section 916.15 sets forth the process for the commitment of a

Furqan v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-13

Citation: 136 So. 3d 636, 2013 WL 5989675, 2013 Fla. App. LEXIS 17978

Snippet: retained jurisdiction over him pursuant to sections 916.15 and 916.16, Florida Statutes (2008).2 The last

Furqan v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-06

Citation: 91 So. 3d 913, 2012 WL 2614549, 2012 Fla. App. LEXIS 10868

Snippet: County. See Fla. R.Crim. P. 3.217(b). Sections 916.15-.17, Florida Statutes (2008), provide the statutory

Furqan v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-04

Citation: 56 So. 3d 96, 2011 Fla. App. LEXIS 2838, 2011 WL 748132

Snippet: his involuntary commitment pursuant to section 916.15(2), Florida Statutes (2010). Furqan argues that

Department of Children & Family Services v. Amaya

Court: District Court of Appeal of Florida | Date Filed: 2009-03-25

Citation: 10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

Snippet: department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302. (emphasis added). Section 916.13

CORDONES v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-19

Citation: 997 So. 2d 496, 2008 WL 5262716

Snippet: for involuntary commitment under s. 916.13 or s. 916.15. [3] § 916.17(3), Fla. Stat. (2007).

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-06

Citation: 994 So. 2d 480, 2008 WL 4809898

Snippet: may nevertheless pose a danger to society. See § 916.15(2), Fla. Stat. (2006) ("A defendant who is acquitted

Woods v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-10-24

Citation: 969 So. 2d 408, 2007 WL 3085006

Snippet: Children and Family Services pursuant to section 916.15, Florida Statutes, for treatment in a mental health