CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2487, 2009 WL 763584
...5th DCA 2006) (granting DCF's petition for writ of certiorari and quashing a trial court order that committed an incompetent defendant to DCF's custody in violation of the statute because the defendant could not be restored to competency). Analysis In section 916.105(1), the legislature described the scope of DCF's responsibilities: It is the intent of the Legislature that the Department of Children and Family Services and the Agency for Persons with Disabilities, as appropriate, establish, locate...
...llness, mental retardation, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under the provisions of this chapter. § 916.105(1), Fla....
...The statute also provides: (7) "Department" means the Department of Children and Family Services. The department is responsible for the treatment of forensic clients who have been determined incompetent to proceed due to mental illness or who have been acquitted of a felony by reason of insanity. § 916.105(7), Fla....
...DCF is not responsible for providing treatment to incompetent defendants who have not properly been committed to DCF's legal custody. See State, Dep't of Health and Rehabilitative Servs. v. Myers,
696 So.2d 863 (Fla. 4th DCA 1997) (granting a writ of certiorari and finding that section
916.105(1) did not require HRS to pay for mental health treatment for a pretrial detainee who had not been committed to the Department as a "forensic client")....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 346952
...if the arrest was for violation of a municipal ordinance. See §
901.35(2)(a), (b), Fla.Stat. (1995). The trial court's order directing HRS to arrange for the placement of Myers in a secure community in-patient residential facility recites sections
916.105(3) and
916.107(1)(a) as granting the authority. Although section
916.105(1) does state that it is *702 the responsibility of HRS to establish, locate, and maintain treatment facilities for mentally retarded, mentally ill, or insane defendants, neither statute mentions transportation or imposes the costs of same upon HRS. See §
916.105(1), Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...The subject order in question which provides the basis of these certiorari petitions provides in pertinent part as follows: 1. This aspect of my ruling recognizes the Florida Department of Health *865 and Rehabilitative Services' ("HRS") responsibilities under § 916.105(1), Florida Statutes....
...FF RON COCHRAN, are hereby ordered to pay one-half (½) of the cost of MICHAEL MYERS' mental health treatment at the Palm Beach County Jail; and HRS is ordered to pay one-half (½) of the cost of said treatment. 2. If HRS had a facility, pursuant to § 916.105(1), Florida Statutes, an inmate would be a patient rather than a prisoner and the transportation to such facility would be the sole responsibility of HRS. However, since HRS does not have a facility as mandated by § 916.105(1), Florida Statutes, the cost of transportation shall be borne by COUNTY OF BROWARD, FLORIDA....
...an's position that they should not be responsible for payment of Myers' medical care. Rather the county is the liable party responsible for the medical care of the detained prisoner. Comeau v. State,
611 So.2d 68 (Fla. 1st DCA 1992). We turn next to section
916.105(1), Florida Statutes which provides as follows: (1) It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the trea...
...Instead, Myers had to be transferred to Palm Beach County Jail, from the Broward Sheriff's custody *867 to the Palm Beach County Sheriff's custody. Thus, he was never in HRS custody. The order in this case which is the subject of this petition did in fact provide that HRS was required under section 916.105(1), Florida Statutes, to place Myers in a secure treatment residence....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...vene regarding appropriate placement for Maxwell. We further find no abuse of discretion in the steps taken by that judge in furtherance of this statutory responsibility. Chapter 916, Florida Statutes, is entitled the "Forensic Client Services Act." § 916.105, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2389922
...After such consultation with the governing board of the county, the sheriff shall determine the most appropriate and cost-effective means of transportation for forensic clients committed for treatment or training. §
916.107(10)(a), Fla. Stat. (2003). Moreover, section
916.105, explains the legislative intent of the chapter: It is the intent of the Legislature that the Department of Children and Family Services establish, locate, and maintain separate and secure facilities and programs for the treatment or...
...to their mental illness, retardation, or autism, or who have been acquitted of felonies by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department under the provisions of this chapter. § 916.105(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8917, 2010 WL 2472272
...Chapter 916, Florida Statutes, provides for treatment or training of criminal defendants who are charged with a felony but deemed incompetent to proceed due to mental illness, mental retardation, or autism, or who have been acquitted of a felony by reason of insanity. § 916.105(1), Fla....
...On the contrary, such authority lies plainly and exclusively with the circuit court, and the Agency's subordinate role is to provide treatment and/or training designed to restore a defendant to competency. The scope of the Agency's responsibility under Chapter 916 is clearly articulated in the following provisions. First, section 916.105(1) provides: It is the intent of the Legislature that the Department of Children and Family Services and the Agency for Persons with Disabilities, as appropriate, establish, locate, and maintain separate and secure forensic facilities...
...s, mental retardation, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under the provisions of this chapter. *835 § 916.105(1), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 330162
...to a less restrictive civil facility. Where a defendant has met the criteria for involuntary hospitalization and has been committed to the custody of HRS, HRS has exclusive authority to determine the appropriate facility placement over this client. § 916.105(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...rensic unit. HRS appeals from this separate order, which we reverse for the following reason. On appeal, HRS argues that the trial court did not have jurisdiction to commit Pelz to a secure forensic unit. HRS contends that subsections (1) and (3) of section 916.105, Florida Statutes (1991), give HRS the authority to determine where to place clients in its custody....
...Therefore, HRS asserts that the trial court violated the separation of powers doctrine by directing HRS to place Pelz in a secure forensic unit when HRS alone has the authority to place clients committed to HRS under chapter 916 in civil facilities. Section 916.105(1), Florida Statutes (1991), provides in pertinent part: It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the...
...The separate, secure facilities shall be sufficient to accommodate the number of clients committed under the conditions noted above, except those clients found by the department to be appropriate for treatment in a civil mental health treatment facility. [Emphasis added]. Section 916.105(3), Florida Statutes (1991), provides: *157 It is the intent of the Legislature that evaluation and treatment of mentally ill and mentally retarded defendants be provided in community inpatient or outpatient settings, in community res...
...Prior to the assignment to a civil facility, that facility must be contacted and approval obtained. A forensic client who is dangerous, is a serious escape risk, or who is severely physically ill shall not be assigned to a civil facility. As a result, both the legislative intent stated in section 916.105 and the related administrative rules provide support for HRS's argument that HRS, and not the trial court, has the discretion to determine the placement of a forensic client....
...early release in his same (or worse) dangerous mental condition. The trial court's order clearly reflects the court's intention to avoid or at least prolong the disastrous result of Pelz's premature return to society. However, the plain language of section 916.105(1) places full discretion in HRS to determine whether to place Pelz in a secure forensic unit....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13447
...u of”
means “in place of.” Bryan A. Garner, A Dictionary of Modern Legal Usage, 449
(2d ed. 1995). Here, “in lieu of” means in place of involuntary commitment. The
provision carries out the intent of the Florida legislature expressed in section
916.105(3) that “evaluation and services to defendants who have mental illness ....
...otection of our
Constitutions ….” Shuman,
358 So. 2d at 1335; see also Morel v. Wilkins,
84 So.
3d 226 (Fla. 2012); Mitchell v. State,
911 So. 2d 1211 (Fla. 2005). The Florida
Legislature recognizes as much in the preamble to Chapter 916. See §
916.105(3),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 16139, 2009 WL 3491035
...2d DCA 1992). In Stoutamire , the Second District intervened in the placement of a committed defendant based in part on the application of section
916.107(9)(b), stating: Chapter 916, Florida Statutes, is entitled the “Forensic Client Services Act.” §
916.105, Fla....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
asked this office's opinion on this issue. Section
916.105(1), Florida Statutes, provides that it is the
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5159
...The subject order in question which provides the basis of these certiorari petitions provides in pertinent part as follows: 1. This aspect of my ruling recognizes the Florida Department of Health *865 and Rehabilitative Services’ (“HRS”) responsibilities under § 916.105(1), Florida Statutes....
...RON COCHRAN, are hereby ordered to pay one-half 0/¿) of the cost of MICHAEL MYERS’ mental health treatment at the Palm Beach County Jail; and HRS is ordered to pay one-half (%) of the cost of said treatment. 2. If HRS had a facility, pursuant to § 916.105(1), Florida Statutes, an inmate would be a patient rather than a prisoner and the transportation to such facility would be the sole responsibility of HRS. However, since HRS does not have a facility as mandated by § 916.105(1), Florida Statutes, the cost of transportation shall be borne by COUNTY OF BROWARD, FLORIDA....
...s position that they should not be responsible for payment of Myers’ medical care. Rather the county is the liable party responsible for the medical care of the detained prisoner. Comeau v. State,
611 So.2d 68 (Fla. 1st DCA 1992). We turn next to section
916.105(1), Florida Statutes which provides as follows: (1) It is the intent of the Legislature that the Department of Health and Rehabilitative Services establish, locate, and maintain separate and secure facilities and programs for the trea...
...Instead, Myers had to be transferred to Palm Beach County Jail, from the Broward Sheriffs cus *867 tody to the Palm Beach County Sheriffs custody. Thus, he was never in HRS custody. The order in this case which is the subject of this petition did in fact provide that HRS was required under section 916.105(1), Florida Statutes, to place Myers in a secure treatment residence....
CopyPublished | Florida 1st District Court of Appeal
...e based on
a trial court’s sentencing structure. Since the relevant portion of
section
916.303(3) is ambiguous, this Court resorts to the rules of
statutory interpretation and construction.
The legislative intent for chapter 916 is stated in section
916.105, Florida Statutes (2017). The language contained in this
section has remained relatively unchanged since it was enacted,
with the exception of the enactment of subsection (4), which was
added in 2006. See §
916.105, Fla....
...United States Supreme Court found that the Act did not violate
the principles against double jeopardy. Id. at 369-71.
Even though section
916.303 is contained in the criminal
procedure and corrections section, that label is not definitive.
Upon examining sections
916.303 and
916.105, we find no evidence
of retribution or deterrence....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 3266, 2001 WL 246043
...m the state hospital immediately. We then received a response from the Department of Children and Family Services agreeing that the trial court’s order departed from the essential requirements of Chapter 916, Florida Statutes. The Department cited section 916.105(3), Florida Statutes (2000) which provides that treatment in community outpatient settings be provided whenever it is a feasible alternative to treatment in a state forensic facility....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11403, 2015 WL 4549631
...After a circuit judge
entered an order adopting the magistrate’s recommendation, appellant
timely appealed.
Chapter 916, the Forensic Client Services Act, establishes the authority
for treatment of persons adjudicated guilty by reason of insanity. Section
916.105, Florida Statutes (2014), provides:
(2) It is the intent of the Legislature that treatment ....
...3d at 52 (the record must “contain evidence . . . that
the patient has refused to give express and informed consent as defined in
the statute”). We do not think that the approval of a wide variety of drugs,
which may or may not be used, comports with the intent of the law, as
section 916.105(2), Florida Statutes (2014), states that the legislative
intent is to provide treatment in a manner to ensure a defendant’s rights.
If such a blanket approval of a variety of treatments were authorized,
whether or not the facility i...
CopyPublished | Florida 4th District Court of Appeal
...wever, have statutory rights.
§
916.107, Fla. Stat. (2018). Moreover, if a trial court were permitted to order treatment
in a custodial facility when less restrictive options are available and appropriate, it
would undermine the legislative intent. §
916.105(3), Fla....
