Florida Statute 916.15 - 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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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.

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Amendments to 916.15

Annotations, Discussions, Cases:

Cases Citing Statute 916.15

Total Results: 37

Johnson v. Feder

485 So. 2d 409, 11 Fla. L. Weekly 120

Supreme Court of Florida | Filed: Mar 20, 1986 | Docket: 1275715

Cited 30 times | Published

for involuntary hospitalization pursuant to section 916.15, Florida Statutes (1981), and Florida Rule

Thompson v. Crawford

479 So. 2d 169, 10 Fla. L. Weekly 2597

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1514375

Cited 12 times | Published

that Thompson met the criteria set forth in section 916.15, Florida Statutes *173 (Supp. 1980), and committing

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

(Supp. 1980) [designated as Fla.St. 1980, Supp. § 916.15]. 1988 Amendment. The amendments to this rule

Department of Children and Families v. Harter

861 So. 2d 1274, 2003 Fla. App. LEXIS 19251, 2003 WL 22970952

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 2507436

Cited 7 times | Published

M.S., 841 So.2d 621 (Fla. 5th DCA 2003).[2] Section 916.15(2), Florida Statutes (2002), states in pertinent

Fisher v. State

506 So. 2d 1052

District Court of Appeal of Florida | Filed: May 1, 1987 | Docket: 1336877

Cited 7 times | Published

410 So.2d 528, 530 (Fla. 2d DCA 1982). See also § 916.15, Fla. Stat. (1985); Fla.R. Crim.P. 3.217. Therefore

Brown v. State

994 So. 2d 480, 2008 WL 4809898

District Court of Appeal of Florida | Filed: Nov 6, 2008 | Docket: 1218776

Cited 5 times | Published

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

Woods v. State

969 So. 2d 408, 2007 WL 3085006

District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1726007

Cited 4 times | Published

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

Tavares v. State

871 So. 2d 974, 2004 WL 741443

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1300376

Cited 4 times | Published

court subsequently held a hearing pursuant to section 916.15, Florida Statutes (2003), and Rule 3.217, Florida

Wisniewski v. State

805 So. 2d 901, 2001 WL 1200898

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 2352029

Cited 4 times | Published

For commitment to be continued pursuant to section 916.15(1), Florida Statutes (1999), the court must

Mannarelli v. State

767 So. 2d 480, 2000 WL 390342

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 313988

Cited 3 times | Published

criteria for involuntary commitment pursuant to section 916.15(1), Florida Statutes (1997), the trial court

Thomas v. State

443 So. 2d 406

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 1746626

Cited 3 times | Published

394.467, Florida Statutes (Supp. 1982) and Section 916.15, Florida Statutes (1981), and now applicable

McShay v. State

447 So. 2d 444

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 1374064

Cited 2 times | Published

Florida Rule of Criminal Procedure 3.218 and section 916.15, Florida Statutes (1981). Therefore, we reverse

Daniel Kellond v. State of Florida

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

District Court of Appeal of Florida | Filed: Dec 8, 2016 | Docket: 4551394

Cited 1 times | Published

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

Furqan v. State

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

District Court of Appeal of Florida | Filed: Mar 4, 2011 | Docket: 60298750

Cited 1 times | Published

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

STATE, DHRS v. Bentley

617 So. 2d 368, 1993 WL 114774

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1512496

Cited 1 times | Published

supreme court resolved an analogous problem under section 916.15 (involuntary commitment of defendant adjudicated

MacNeil v. State

586 So. 2d 98, 1991 Fla. App. LEXIS 9445, 1991 WL 188319

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 64661709

Cited 1 times | Published

seeking release from involuntary commitment under section 916.15; petition granted and order of commitment quashed)

Gerus v. State

565 So. 2d 1382, 1990 WL 110292

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 1725841

Cited 1 times | Published

involuntary hospitalization set forth in [section] 916.15(1), and [section] 394.467(1)(a), Florida Statutes

Thurston v. Navarro

546 So. 2d 448, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3873, 1989 WL 75764

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 64643762

Cited 1 times | Published

the criteria for involuntary commitment under section 916.15, Florida Statutes (1987). After finding petitioner

Husk v. State

453 So. 2d 153

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 1162904

Cited 1 times | Published

Doctors Sall and Larsen to re-examine him; and Section 916.15(1), Florida Statutes (1983), is unconstitutionally

Abel Navarro v. State of Florida

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70988586

Published

[sic], Florida Rules of Criminal Procedure and § 916.15, Florida [S]tatutes” and that the court had “reasonable

McDaniel v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369599

Published

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

District Court of Appeal of Florida | Filed: May 2, 2024 | Docket: 68496570

Published

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

Charles Michael Phillips v. State of Florida

178 So. 3d 468, 2015 Fla. App. LEXIS 15634, 2015 WL 6160697

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991043

Published

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

Department of Children & Families v. State

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

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757117

Published

be non-restorable under section 916.13, and section 916.15 deals with defendants who have been adjudicated

Carole Louise Kendrick v. State of Florida

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659807

Published

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

Kendrick v. State

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

District Court of Appeal of Florida | Filed: May 19, 2015 | Docket: 60247668

Published

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

Kendrick v. State

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

District Court of Appeal of Florida | Filed: May 19, 2015 | Docket: 60247668

Published

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

Morrow v. State

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

District Court of Appeal of Florida | Filed: Dec 18, 2014 | Docket: 60245242

Published

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

Furqan v. State

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

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60240048

Published

petition.5 In Johnson, the supreme court construed section 916.15, Florida Statutes (1981), and the relevant

Mannarelli v. State

770 So. 2d 214, 2000 Fla. App. LEXIS 13490, 2000 WL 1532792

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 64801340

Published

Florida Rule of Criminal Procedure 3.218 and section 916.15, Florida Statutes (1997), he was entitled to

Miller v. State

532 So. 2d 1290, 13 Fla. L. Weekly 2348, 1988 Fla. App. LEXIS 4629, 1988 WL 116934

District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 64638098

Published

410 So.2d 528, 530 (Fla. 2d DCA 1982). See also § 916.15, Fla.Stat. (1985); Fla.R.Crim.P. 3.217. Therefore

Hockensmith v. State

524 So. 2d 462, 1988 Fla. App. LEXIS 1560, 1988 WL 32907

District Court of Appeal of Florida | Filed: Apr 13, 1988 | Docket: 64634519

Published

order. In the mandated review procedures of section 916.15, Florida Statutes (1985),1 and Florida Rule

Brooks v. State

504 So. 2d 27, 12 Fla. L. Weekly 739, 1987 Fla. App. LEXIS 7231

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 64625891

Published

485 So.2d 409 (Fla.1986), in accordance with section 916.15, Florida Statutes, and Fla.R.Crim.P. 3.218

Johnson v. Feder

463 So. 2d 431, 1985 Fla. App. LEXIS 12233, 10 Fla. L. Weekly 339

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 64609875

Published

for involuntary hospitalization pursuant to section 916.15, Florida Statutes (1981), and Florida Rule

Anthony v. State

456 So. 2d 582, 9 Fla. L. Weekly 2064, 1984 Fla. App. LEXIS 15220

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 64607033

Published

transfer to his brother’s custody- We disagree. Section 916.15 allows a court to hospitalize a person found

Gerry v. State

448 So. 2d 83, 1984 Fla. App. LEXIS 12652

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604075

Published

for continued involuntary hospitalization. Section 916.-15(2), Fla.Stat. (1983). Thus, by mandating in

Husk v. State

438 So. 2d 989, 1983 Fla. App. LEXIS 22493

District Court of Appeal of Florida | Filed: Oct 11, 1983 | Docket: 64600028

Published

manifestly dangerous to himself or others. Section 916.15(1), Florida Statutes (1981). He further contends