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.

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

Snippet: order denying his motion to dismiss under section 916.303(1), Florida Statutes (2023); and (2) an order

Columbus Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-10-02

Citation: 256 So. 3d 954

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: District Court of Appeal of Florida | Date Filed: 2018-05-10

Citation: 247 So. 3d 64

Snippet: a secure residential facility based on section 916.303(3), Florida Statutes (2017). We find that the trial

Charles Hughes v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-06-09

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: District Court of Appeal of Florida | Date Filed: 2016-12-21

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

Snippet: request dismissal of his charges pursuant to section 916.303, Florida Statutes (2014), for incompetency due

Tyrell L. Holly v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

Citation: 187 So. 3d 313

Snippet: dismiss without prejudice, filed pursuant to section 916.303(1), Florida Statutes (2015). Based upon the record

Henry v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-11-06

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

J.R. v. Barbara Palmer, etc.

Court: Supreme Court of Florida | Date Filed: 2015-05-14

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

Kendrick Joseph v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

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

Snippet: is entitled to dismissals pursuant to section 916.303(1), Florida Statutes (2013), which provides:

Paolercio v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-01-10

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: District Court of Appeal of Florida | Date Filed: 2010-02-19

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

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

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

State v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2008-06-04

Citation: 982 So. 2d 756, 2008 WL 2261539

Snippet: retardation is involved. The state appeals. Section 916.303(1), Florida Statutes, provides for the dismissal

Everette v. FLORIDA DCF

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

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

Snippet: 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: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 942 So. 2d 407, 2006 WL 3229930

Snippet: 213 to reflect such a distinction."). Section 916.303(1), Florida Statutes (2005), provides that "[t]he

Hines v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-05-08

Citation: 931 So. 2d 148, 2006 WL 1210208

Snippet: section 916.303(1), Florida Statutes (2002). The issue before us is whether section 916.303(1) creates

Agency for Persons with Disabilities v. Ramos

Court: District Court of Appeal of Florida | Date Filed: 2006-04-12

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: District Court of Appeal of Florida | Date Filed: 2004-10-27

Citation: 911 So. 2d 119, 2004 WL 2389922

Snippet: 145, which has since been renumbered to section 916.303(a), Florida Statutes (2003), required the dismissal

Byrd v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-10-23

Citation: 834 So. 2d 872, 2002 WL 31373628

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