Florida Statutes

Fla. Stat. § 916.16 (2025)

Jurisdiction of committing court.

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916.16 Jurisdiction of committing court.—

(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.

(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.

History.—s. 1, ch. 80-75; s. 7, ch. 83-274; s. 20, ch. 98-92; s. 15, ch. 2006-195.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1984–2024 · leading case: State v. Heidrick, 707 So. 2d 1165 (Fla. 3d DCA 1998).

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State v. Heidrick, 707 So. 2d 1165 (Fla. 3d DCA 1998). · cites it 5× “*1167 Thereafter, the State moved to have the committing courts determine whether the defendants should remain involuntarily hospitalized. As to both defendants, the committing courts entered orders finding that they lacked jurisdiction to make such a determination.”

Linn v. State, 79 So. 3d 783 (Fla. 2d DCA 2011). · cites it 3× “Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal court has jurisdiction over this commitment.”

Gerus v. State, 565 So. 2d 1382 (Fla. 1st DCA 1990). · cites it 4× “Appellant seeks review of an order entered in the circuit court for Columbia County by which appellant's involuntary hospitalization was continued under section 916.16, Florida Statutes. We reverse, concluding that on the record before us the court lacked jurisdiction to enter…”

Wardell v. State, 944 So. 2d 1089 (Fla. 5th DCA 2006). · cites it 4× “Section 916.16(1), Florida Statutes (2001), provides: The committing court shall retain jurisdiction in the case of any defendant hospitalized as incompetent to proceed or because of a finding of not guilty by reason of insanity pursuant to this chapter.”

Wood v. Polisknowski, Harris (Fla. 1st DCA 2024). · cites it 2× “In addition, Appellant demonstrates no preliminary basis for reversal of the Gadsden County circuit court’s order transferring the petition for filing in Appellant’s felony case in Pinellas County, Case No. 2022 CF 005106.”

Charles Michael Phillips v. State of Florida, 178 So. 3d 468 (Fla. 4th DCA 2015). · cites it 2× “Importantly, section 916.16, Florida Statutes (2004), allows for the continued jurisdiction of the committing court over the defendant even after hospitalization: (1) The committing court shall retain jurisdiction in the case of any defendant hospitalized as incompetent to…”

Morrow v. State, 153 So. 3d 402 (Fla. 1st DCA 2014). · cites it 2× “(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court_ Section 916.16 provides the trial court with continuing jurisdiction over a defendant it either involuntarily commits or places on…”

State, Dep't of Child. & Families v. Reyes, 829 So. 2d 252 (Fla. 3d DCA 2002). · cites it 2× “§ 916.16, Fla. Stat. (2001). After a defendant has been hospitalized as incompetent, he or she may file a motion for the committing court to dismiss the criminal charges.”

Anthony v. State, 456 So. 2d 582 (Fla. 2d DCA 1984). · cites it 2× “The order specified that the court would retain jurisdiction consistent with section 916.16, Florida Statutes (1981). In 1983 the trial court agreed with a hospital staff recommendation that appellant be transferred to a civil unit at the hospital.”

— 916.16(1) — 2 cases

Wardell v. State, 944 So. 2d 1089 (Fla. 5th DCA 2006). “Section 916.16(1), Florida Statutes (2001), provides: The committing court shall retain jurisdiction in the case of any defendant hospitalized as incompetent to proceed or because of a finding of not guilty by reason of insanity pursuant to this chapter.”

Linn v. State, 79 So. 3d 783 (Fla. 2d DCA 2011). “Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal court has jurisdiction over this commitment.”

— 916.16(2) — 1 case

Morrow v. State, 153 So. 3d 402 (Fla. 1st DCA 2014). “(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court_ Section 916.16 provides the trial court with continuing jurisdiction over a defendant it either involuntarily commits or places on…”

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