Florida Statutes

Fla. Stat. § 916.301 (2025)

Appointment of experts.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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916.301 Appointment of experts.—

(1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual disability or autism. The agency shall maintain and provide the courts annually with a list of available professionals who are appropriately licensed and qualified to perform evaluations of defendants alleged to be incompetent to proceed due to intellectual disability or autism. The courts may use professionals from this list when appointing experts and ordering evaluations under this part.

(2) If a defendant’s suspected mental condition is intellectual disability or autism, the court shall appoint the following:

(a) At least one, or at the request of any party, two experts to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to proceed; and

(b) A psychologist selected by the agency who is licensed or authorized by law to practice in this state, with experience in evaluating persons suspected of having an intellectual disability or autism, and a social service professional, with experience in working with persons who have an intellectual disability or autism.

1. The psychologist shall evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is incompetent to proceed due to intellectual disability or autism.

2. The social service professional shall provide a social and developmental history of the defendant.

(3) The experts may examine the defendant in jail, in another appropriate local facility, in a facility of the Department of Corrections, or on an outpatient basis.

(4) Experts appointed by the court to evaluate the mental condition of a defendant in a criminal case shall be allowed reasonable fees for services rendered as evaluators and as witnesses, which shall be paid by the court. State employees shall be paid expenses pursuant to s. 112.061. The fees shall be taxed as costs in the case. In order for the experts to be paid for the services rendered, the reports and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.

History.—s. 23, ch. 98-92; s. 60, ch. 2005-236; s. 17, ch. 2006-195; s. 17, ch. 2008-244; s. 31, ch. 2013-162.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2003–2025 · leading case: Dep't of Child. & Families v. Harrison, 848 So. 2d 460 (Fla. 4th DCA 2003).

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Dep't of Child. & Families v. Harrison, 848 So. 2d 460 (Fla. 4th DCA 2003). · cites it 4× “The Department argues that the trial court departed from the essential requirements of law by failing to comply with section 916.301, Florida Statutes (2002), regarding the appointment of the experts for the respondent's incompetency evaluations and in ordering the Department to…”

Larry Lamar Koonce III v. State of Florida (Fla. 4th DCA 2025). · cites it 11× “301(1) requires that “[a]ll evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual disability,” § 916.301(1), Fla. Stat. (2024) (emphases added), section 916.”

Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010). “Under section 916.301(2), the Agency selects at least one of the experts appointed by the court to evaluate a defendant pursuant to section 916.”

Antonio Reyes Reina v. State of Florida (Fla. 6th DCA 2024). · cites it 2× “The State, in response, filed a motion under section 916.301, Florida Statutes (2023), seeking the appointment of a committee to re-evaluate Reina’s competency.”

— 916.301(1) — 1 case

Larry Lamar Koonce III v. State of Florida (Fla. 4th DCA 2025). “301(1) requires that “[a]ll evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual disability,” § 916.301(1), Fla. Stat. (2024) (emphases added), section 916.”

— 916.301(2) — 1 case

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