Florida Statute 916.16 - 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. 916.16

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.

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Amendments to 916.16

Annotations, Discussions, Cases:

Cases Citing Statute 916.16

Total Results: 9

Wardell v. State

944 So. 2d 1089, 2006 WL 3327073

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1649411

Cited 1 times | Published

of probation charges. This appeal followed. Section 916.16(1), Florida Statutes (2001), provides: The

State v. Heidrick

707 So. 2d 1165, 1998 WL 88372

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1676006

Cited 1 times | Published

follow. The State contends that pursuant to section 916.16, Florida Statutes (1995),[1] the committing

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 was continued under section 916.16, Florida Statutes. We reverse, concluding that

Wood v. Polisknowski, Harris

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369589

Published

challenging the legality of an involuntary commitment. § 916.16, Fla. Stat.; Lewis v. James, 88 So. 3d 381, 381

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

of Criminal Procedure...'. Importantly, section 916.16, Florida Statutes (2004), allows for the continued

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

right to a hearing before the committing court_ Section 916.16 provides the trial court with continuing jurisdiction

Linn v. State

79 So. 3d 783, 2011 WL 6184469

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60305381

Published

charge. Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal

State, Department of Children & Families v. Reyes

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

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 64818564

Published

released except by order of the committing court. § 916.16, Fla. Stat. (2001). After a defendant has been

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

court would retain jurisdiction consistent with section 916.16, Florida Statutes (1981). In 1983 the trial