Florida Statutes

Fla. Stat. § 921.09 (2025)

Fees of physicians who determine sanity at time of sentence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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921.09 Fees of physicians who determine sanity at time of sentence.—The court shall allow reasonable fees to physicians appointed by the court to determine the mental condition of a defendant who has alleged insanity as a cause for not pronouncing sentence. The fees shall be paid by the county in which the indictment was found or the information or affidavit filed.

History.—s. 255, ch. 19554, 1939; CGL 1940 Supp. 8663(264); s. 121, ch. 70-339.

Notes of Decisions

Cited in 5 cases, 1970–1998 · leading case: Pericola v. State, 499 So. 2d 864 (Fla. 1st DCA 1986).

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Pericola v. State, 499 So. 2d 864 (Fla. 1st DCA 1986). · cites it 4× “720 nor its predecessor statute, Section 921.09, Florida Statutes (1969), define "insanity" in the sentencing context, we find no error in the employment by the trial court of the standard for insanity sufficient to preclude execution of the death penalty by the Governor.”

Walker v. State, 296 So. 2d 27 (Fla. 1974). · cites it 4× “and Section 921.09, Florida Statutes. The trial judge had the duty at the time of pronouncing sentence, pursuant to Rule 3.”

Milligan v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 704 So. 2d 1050 (Fla. 1998). “§ 921.09 (county must pay fees of physicians who examine defendants who allege insanity as a cause for not pronouncing sentence); id.”

Gazda v. State, 244 So. 2d 454 (Fla. 4th DCA 1970). “1969, section 921.09, F.S.A. But neither of these specific statutory exceptions pertain to the facts in the present case.”

Milligan v. Cnty. Bd. of Co. Com'rs, 704 So. 2d 1050 (Fla. 1998). “§ 921.09 (county must pay fees of physicians who examine defendants who allege insanity as a cause for not pronouncing sentence); id.”

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