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Florida Statute 916.301 - Full Text and Legal Analysis
Florida Statute 916.301 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
View Entire Chapter
F.S. 916.301
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.

F.S. 916.301 on Google Scholar

F.S. 916.301 on CourtListener

Amendments to 916.301


Annotations, Discussions, Cases:

Cases Citing Statute 916.301

Total Results: 4

Agency for Persons With Disabilities v. Dallas

38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1658830

Cited 2 times | Published

proceed." § 916.106(1), Fla. Stat. (2009). Under section 916.301(2), the Agency selects at least one of the

Larry Lamar Koonce III v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454069

Published

departed from the essential requirements of section 916.301(1), Florida Statutes (2024). Specifically,

ANTONIO REYES REINA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814397

Published

The State, in response, filed a motion under section 916.301, Florida Statutes (2023), seeking the appointment

Department of Children & Families v. Harrison

848 So. 2d 460, 2003 Fla. App. LEXIS 9979, 2003 WL 21507090

District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 1309478

Published

requirements of law by failing to comply with section 916.301, Florida Statutes (2002), regarding the appointment