Florida Statutes
Fla. Stat. § 916.303 (2025)
Determination of incompetency; dismissal of charges.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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916.303 Determination of incompetency; dismissal of charges.—
(1) The charges against any defendant found to be incompetent to proceed due to intellectual disability or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The charges may be refiled by the state if the defendant is declared competent to proceed in the future.
(2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services and lacks the basic survival and self-care skills to provide for his or her well-being or is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant’s attorney shall apply to the committing court to involuntarily admit the defendant to residential services pursuant to s. 393.11.
(3) If the defendant is considered to need involuntary residential services for reasons described in subsection (2) and, further, there is a substantial likelihood that the defendant will injure another person or continues to present a danger of escape, and all available less restrictive alternatives, including services in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate, the agency, the state attorney, or the defendant’s counsel may request the committing court to continue the defendant’s placement in a secure facility pursuant to this part. Any placement so continued must be reviewed by the court at least annually at a hearing. The annual review and hearing must determine whether the defendant continues to meet the criteria described in this subsection and, if so, whether the defendant still requires involuntary placement in a secure facility and whether the defendant is receiving adequate care, treatment, habilitation, and rehabilitation, including psychotropic medication and behavioral programming. Notice of the annual review and review hearing shall be given to the state attorney and the defendant’s attorney. A defendant’s placement in a secure facility may not exceed the maximum sentence for the crime for which the defendant was charged.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 2002–2025 · leading case: Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006).
Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006). “In his motion to dismiss, Petitioner alleges that the criminal charge against him must be dismissed pursuant to section 916.303(1), Florida Statutes (2002).”
Gonzalez v. State, 15 So. 3d 37 (Fla. 2d DCA 2009). “1st DCA 2006) (granting certiorari review of order denying incompetent defendant’s motion to dismiss filed under § 916.303, Fla. Stat.). To obtain common law certiorari relief, a petitioner must show that there has been a departure from the essential requirements of law that…”
State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent defendant are dismissed, the department, the state attorney, or the defendant's attorney may ask the trial court to involuntarily commit the defendant pursuant to section 393.”
Everette v. FLORIDA DCF, 961 So. 2d 270 (Fla. 2007). “See § 916.303, Fla. Stat. (2004). Section 916.”
State v. Smith, 982 So. 2d 756 (Fla. 4th DCA 2008). “to retardation or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, unless the court in its order specifies its reasons for believing that the…”
J.R. v. Michael Hansen, 736 F.3d 959 (11th Cir. 2013). “For example, the District Court recognized that an admitting court may choose to admit an intellectually disabled person into secure residential services under Fla. Stat. § 916.303 (3). In that context, the secure placement is reviewed annually at a hearing.”
J.R. v. Michael Hansen, 803 F.3d 1315 (11th Cir. 2015). “Compare Fla. Stat. § 916.303 (3) (mandating that admissions to a secure facility, which are not at issue here, “must be reviewed by the court at least annually at a hearing”), with § 393.”
Henry v. State, 178 So. 3d 928 (Fla. 5th DCA 2015). “§ 916.303(1), Fla. Stat. (2013). This procedure is more clearly set out in Florida Rule of Criminal Procedure 3.”
Columbus Williams v. State of Florida, 256 So. 3d 954 (Fla. 1st DCA 2018). “Lastly, we reject the State’s argument that Williams is not entitled to dismissal of his charges because the two-year limit under section 916.303(1), Florida Statutes, has yet to expire.”
J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). “The Eleventh Circuit also noted “that the Florida legislature has required periodic judicial review in other contexts,” such as secure detention of intellectually disabled persons under section 916.303(3), Florida Statutes, involuntary commitment of persons with mental illness…”
Byrd v. State, 834 So. 2d 872 (Fla. 1st DCA 2002). “Petitioner, Lawanda Byrd, filed a petition for writ of certiorari to review the trial court's decision to deny her motion to dismiss without prejudice, which was filed pursuant to section 916.303(1), Florida Statutes (1999).”
Amendments to Rules of Crim. Procedure, 942 So. 2d 407 (Fla. 2006). “Section 916.303(1), Florida Statutes (2005), provides that "[t]he charges against any defendant found to be incompetent to proceed due to retardation or autism shall be dismissed without prejudice.”
— 916.303(1) — 15 cases
Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006). “In his motion to dismiss, Petitioner alleges that the criminal charge against him must be dismissed pursuant to section 916.303(1), Florida Statutes (2002).”
Gonzalez v. State, 15 So. 3d 37 (Fla. 2d DCA 2009). “1st DCA 2006) (granting certiorari review of order denying incompetent defendant’s motion to dismiss filed under § 916.303, Fla. Stat.). To obtain common law certiorari relief, a petitioner must show that there has been a departure from the essential requirements of law that…”
State v. Smith, 982 So. 2d 756 (Fla. 4th DCA 2008). “to retardation or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, unless the court in its order specifies its reasons for believing that the…”
Henry v. State, 178 So. 3d 928 (Fla. 5th DCA 2015). “§ 916.303(1), Fla. Stat. (2013). This procedure is more clearly set out in Florida Rule of Criminal Procedure 3.”
Columbus Williams v. State of Florida, 256 So. 3d 954 (Fla. 1st DCA 2018). “Lastly, we reject the State’s argument that Williams is not entitled to dismissal of his charges because the two-year limit under section 916.303(1), Florida Statutes, has yet to expire.”
— 916.303(2) — 3 cases
Gonzalez v. State, 15 So. 3d 37 (Fla. 2d DCA 2009). “1st DCA 2006) (granting certiorari review of order denying incompetent defendant’s motion to dismiss filed under § 916.303, Fla. Stat.). To obtain common law certiorari relief, a petitioner must show that there has been a departure from the essential requirements of law that…”
Everette v. FLORIDA DCF, 961 So. 2d 270 (Fla. 2007). “See § 916.303, Fla. Stat. (2004). Section 916.”
Tillman v. State, 208 So. 3d 307 (Fla. 4th DCA 2016).
— 916.303(2)(a) — 2 cases
State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent defendant are dismissed, the department, the state attorney, or the defendant's attorney may ask the trial court to involuntarily commit the defendant pursuant to section 393.”
Everette v. FLORIDA DCF, 961 So. 2d 270 (Fla. 2007). “See § 916.303, Fla. Stat. (2004). Section 916.”
— 916.303(2)(b) — 3 cases
Everette v. FLORIDA DCF, 961 So. 2d 270 (Fla. 2007). “See § 916.303, Fla. Stat. (2004). Section 916.”
State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent defendant are dismissed, the department, the state attorney, or the defendant's attorney may ask the trial court to involuntarily commit the defendant pursuant to section 393.”
Agency for Persons with Disabilities v. Ramos, 925 So. 2d 455 (Fla. 3d DCA 2006).
— 916.303(3) — 3 cases
J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). “The Eleventh Circuit also noted “that the Florida legislature has required periodic judicial review in other contexts,” such as secure detention of intellectually disabled persons under section 916.303(3), Florida Statutes, involuntary commitment of persons with mental illness…”
Charles Vansmith v. State of Florida, 247 So. 3d 64 (Fla. 1st DCA 2018).
Tillman v. State, 208 So. 3d 307 (Fla. 4th DCA 2016).
— 916.303(a) — 1 case
State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004). “Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent defendant are dismissed, the department, the state attorney, or the defendant's attorney may ask the trial court to involuntarily commit the defendant pursuant to section 393.”
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