Florida Statute 916.303 | 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. 916.303

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.

History.—s. 27, ch. 98-92; s. 56, ch. 99-7; s. 21, ch. 2006-195; s. 35, ch. 2013-162.

F.S. 916.303 on Google Scholar

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Amendments to 916.303

Arrestable Offenses / Crimes under Fla. Stat. 916.303

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.303.

Annotations, Discussions, Cases:

Cases Citing Statute 916.303

Total Results: 19

ANTONIO REYES REINA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-31T00:00:00-07:00

Snippet: order denying his motion to dismiss under section 916.303(1), Florida Statutes (2023); and (2) an order …Reina filed a motion to dismiss under section 916.303(1), which states: The charges against…failure to make findings in accordance section 916.303(1) and its entry of the consequent orders. …is expected to become competent to proceed.” § 916.303(1), Fla. Stat. The trial court did not find that…failed to make the necessary findings under section 916.303(1), it departed from the essential requirements

Columbus Williams v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-02T00:53:00-07:00

Snippet: limit under section 916.303(1), Florida Statutes, has yet to expire. Section 916.303(1) mandates dismissal

Charles Vansmith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-10T00:53:00-07:00

Snippet: committed with the aid of section 916.303 and no evidence that section 916.303 criminalizes behavior, section…a secure residential facility based on section 916.303(3), Florida Statutes (2017). We find that the trial…jurisdiction for fifteen years based on section 916.303(3). The trial court denied the motion finding that…predicated on the language contained in section 916.303(3). When interpreting statutes, courts focus on…, 87 So. 3d 774, 777 (Fla. 2012). Section 916.303(3), states in relevant part: A defendant’s

Charles Hughes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-09T00:00:00-07:00

Citation: 221 So. 3d 1238, 2017 WL 2491605, 2017 Fla. App. LEXIS 8532

Snippet: charges without prejudice pursuant to section 916.303, Florida Statutes (2016). The trial court separately

Tillman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 208 So. 3d 307, 2016 Fla. App. LEXIS 18771

Snippet: the person needing services. § 916.303(2), Fla. Stat. Section 916.303(2) states: (2) If the charges are…services pursuant to s. 393.11. § 916.303(2), Fla. Stat. (2014). Section 916.303(3) provides, in pertinent part…request dismissal of his charges pursuant to section 916.303, Florida Statutes (2014), for incompetency due …intellectual disability. He asserted that section 916.303 required the dismissal of the charges because there…home with 24-hour supervision pursuant to section 916.303(2) and section 916.3025, Florida Statutes (2014

Tyrell L. Holly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

Citation: 187 So. 3d 313

Snippet: dismiss without prejudice, filed pursuant to section 916.303(1), Florida Statutes (2015). Based upon the record…dismiss the charges in both cases based on section 916.303(1), Florida Statutes (2015), which provides: …of pending criminal charges pursuant to section 916.303, Florida Statutes, 1 nor does it appear

Henry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-06T00:00:00-08:00

Citation: 178 So. 3d 928, 2015 Fla. App. LEXIS 16711, 2015 WL 6757300

Snippet: denial of his motion to dismiss under section 916.303(1), Florida Statutes (2013). We grant the petition…of the charges without prejudice under section 916.303(1). In response, the State moved to strike the …provided an expected timeframe- for competency. § 916.303(1), Fla. Stat. (2013). This procedure is more clearly

J.R. v. Barbara Palmer, etc.

Court: Fla. | Date Filed: 2015-05-14T00:00:00-07:00

Citation: 175 So. 3d 710, 40 Fla. L. Weekly Supp. 267, 2015 Fla. LEXIS 1055, 2015 WL 2236760

Snippet: intellectually disabled persons under section 916.303(3), Florida Statutes, involuntary commitment of… intellectually disabled persons under section 916.303(3), involuntary commitments of persons with mental

Kendrick Joseph v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-03T00:00:00-08:00

Citation: 152 So. 3d 741, 2014 Fla. App. LEXIS 19609

Snippet: “intellectual disability or autism” in section 916.303(1), Florida Statutes (2013). No testing was done

Paolercio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-10T00:00:00-08:00

Citation: 129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

Snippet: pretrial release. See § 916.145, Fla. Stat. (2012); § 916.303(1), Fla. Stat. (2012). In such cases, the defendant

Drayton v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-19T00:00:00-08:00

Citation: 27 So. 3d 243, 2010 Fla. App. LEXIS 1798

Snippet: without prejudice in April 2006 pursuant to section 916.303(1), Florida Statutes (2005), and Drayton was released… admission petition filed pursuant to sections 916.303 and 393.11, Florida Statutes (2006). APD subsequently

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-20T00:00:00-07:00

Citation: 15 So. 3d 37, 2009 Fla. App. LEXIS 5513, 2009 WL 1393071

Snippet: motion to dismiss the criminal charge under section 916.303(1). After a hearing, the court denied the motion…defendant's motion to dismiss filed under § 916.303, Fla. Stat.). To obtain common law certiorari relief…is a violation of the plain language of section 916.303(1). Chapter 916 applies to criminal defendants … determination, not to exceed 2 years." § 916.303(1); see also Hines, 931 So.2d 148. The only exception… a specified time in the foreseeable future. § 916.303(1). In this case, the experts and the parties agree

State v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-04T00:53:00-07:00

Citation: 982 So. 2d 756

Snippet: retardation is involved. The state appeals. Section 916.303(1), Florida Statutes, provides for the dismissal…future. The First District has held that section 916.303 creates a substantive right to dismissal. See Hines…to reflect such a distinction."). Section 916.303(1), Florida Statutes (2005), provides that "

Everette v. FLORIDA DCF

Court: Fla. | Date Filed: 2007-06-28T00:53:00-07:00

Citation: 961 So. 2d 270

Snippet: to mental retardation. See § 916.303, Fla. Stat. (2004). Section 916.303(1) directs that charges shall… pursuant to s. 393.11. § 916.303(2)(a), Fla. Stat. (2004). Section 916.303(2)(b) provides: If the defendant…section. See § 916.303(2)(b), Fla. Stat. (2004).[3] The plain language of section 916.303(2)(b) seems to…involved in this dispute. [3] Sections 916.303(2)(a) and 916.303(2)(b) were amended and renumbered in 2006…commitment to a secure facility pursuant to section 916.303(2)(b) of the Florida Statutes (2004), Everette

Amendments to Rules of Criminal Procedure

Court: Fla. | Date Filed: 2006-11-08T23:53:00-08:00

Citation: 942 So. 2d 407

Snippet: to reflect such a distinction."). Section 916.303(1), Florida Statutes (2005), provides that "

Hines v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-08T00:00:00-07:00

Citation: 931 So. 2d 148

Snippet: section 916.303(1), Florida Statutes (2002). The issue before us is whether section 916.303(1) creates…charge after two years when it enacted section 916.303(1), we grant Petitioner's writ. Petitioner…rather than following the clear language of section 916.303(1). In Byrd, Judge Miner explained that Florida…Procedure 3.213(a) "superseded" section 916.303(1). Id. at 873. Florida Rule of Criminal Procedure…proceed in the future. (Emphasis added.) Section 916.303(1), Florida Statutes (2002), conflicts with rule

Agency for Persons with Disabilities v. Ramos

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-12T00:00:00-07:00

Citation: 925 So. 2d 455, 2006 Fla. App. LEXIS 5356, 2006 WL 931938

Snippet: statutorily-mandated evaluation under section 916.303(2)(b), Florida Statutes (2004), to determine whether

State v. Everette

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-27T00:53:00-07:00

Citation: 911 So. 2d 119

Snippet: 916.145, which has since been renumbered to section 916.303(a), Florida Statutes (2003), required the dismissal…916.13(b), Fla. Stat. (1996). Currently, section 916.303, Florida Statutes (2003), provides that if charges…pursuant to section 393.11, Florida Statutes. § 916.303(2)(a), Fla. Stat. (2003). Consequently, Mr. Everette…needed to schedule an annual hearing under section 916.303(2)(b), Florida Statutes (2004), to determine whether

Byrd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-23T00:53:00-07:00

Citation: 834 So. 2d 872

Snippet: prejudice, which was filed pursuant to section 916.303(1), Florida Statutes (1999). We agree with the