Florida Statute 916.3012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.3012

916.3012 Mental competence to proceed.—

(1) A defendant whose suspected mental condition is intellectual disability or autism is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against the defendant.

(2) Experts in intellectual disability or autism appointed pursuant to s. 916.301 shall first consider whether the defendant meets the definition of intellectual disability or autism and, if so, consider the factors related to the issue of whether the defendant meets the criteria for competence to proceed as described in subsection (1).

(3) In considering the issue of competence to proceed, an examining expert shall first consider and specifically include in his or her report the defendant’s capacity to:

(a) Appreciate the charges or allegations against the defendant.

(b) Appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against the defendant.

(d) Disclose to counsel facts pertinent to the proceedings at issue.

(e) Manifest appropriate courtroom behavior.

(f) Testify relevantly.

In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.

(4) If the experts find that the defendant is incompetent to proceed, the experts shall report on any recommended training for the defendant to attain competence to proceed. In considering the issues relating to training, the examining experts shall specifically report on:

(a) The intellectual disability or autism causing the incompetence;

(b) The training appropriate for the intellectual disability or autism of the defendant and an explanation of each of the possible training alternatives in order of choices;

(c) The availability of acceptable training and, if training is available in the community, the expert shall so state in the report; and

(d) The likelihood of the defendant’s attaining competence under the training recommended, an assessment of the probable duration of the training required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future.

History.—s. 24, ch. 98-92; s. 18, ch. 2006-195; s. 22, ch. 2010-117; s. 32, ch. 2013-162.

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Amendments to 916.3012

Arrestable Offenses / Crimes under Fla. Stat. 916.3012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.3012.

Annotations, Discussions, Cases:

Cases Citing Statute 916.3012

Total Results: 6

ANTONIO REYES REINA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-05-31

Snippet: declared incompetent to proceed under section 916.3012, Florida Statutes (2021), by virtue of intellectual

State v. Miranda

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

Citation: 137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823

Snippet: 12(1) (pertaining to mentally ill defendants); § 916.3012(1) (pertaining to a “defendant whose suspected

Agency for Persons With Disabilities v. Dallas

Court: District Court of Appeal of Florida | Date Filed: 2010-06-21

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

Snippet: defendant is competent to proceed. See §§ 916.301, 916.3012(2), (3), Fla. Stat. In addition to reporting on

Everette v. FLORIDA DCF

Court: Supreme Court of Florida | Date Filed: 2007-06-28

Citation: 961 So. 2d 270, 2007 WL 1836953

Snippet: charges, chapter 916 has direct application. See § 916.3012, Fla. Stat. (2004). Section 916.303 addresses

Roddenberry v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-18

Citation: 898 So. 2d 1070, 2005 WL 623340

Snippet: S.Ct. 1845, 32 L.Ed.2d 435 (1972). See also § 916.3012(4), Florida Statutes (2002). This is an issue

Department of Children & Families v. Harrison

Court: District Court of Appeal of Florida | Date Filed: 2003-07-02

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

Snippet: defendant to attain competence to proceed." § 916.3012(4). Specifically, the expert's report must include