Florida/Georgia Personal Injury & Workers Compensation

...2242, 153 L.Ed.2d 335 (2002), a mentally retarded person cannot be executed, and it is up to the states to determine who is "mentally retarded." Under Florida law, one of the criteria to determine if a person is mentally retarded is that he or she has an IQ of 70 or below. See § 916.106(12), Fla....

...a mentally retarded person cannot be executed, and it is up to the states to determine who is "mentally retarded." Under Florida law, one of the criteria to determine if a person is mentally retarded is that he or she has an IQ of 70 or below. See § 916.106(12), Fla....

...." The court emphasized that Dr. Latterner admitted on cross-examination that, in reaching her finding of mental retardation, she looked only at testing results and "refuse[d] to consider" Arbelaez's ability to adapt to his surroundings, even though section 916.106(12), Florida Statutes (2003), defines mental retardation as necessarily *36 including "deficits in adaptive behavior." The court also emphasized that Dr....

...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. Stat. (2008) (emphasis added). Section 916.106(9) defines a "forensic client" as one who has been "committed" to the Department pursuant to statutory criteria: (9) "Forensic client" or "client" means any defendant who has been committed to the department or agency pursuant to s....

...Williamson’s letter, the trial court entered an order reciting specific unusual behaviors that Defendant had exhibited over the course of several appearances. In that same order, the trial court ruled that Defendant was incompetent to proceed due to her mental illness as defined in section 916.106(13), *986 Florida Statutes (2014), and further that Defendant met the criteria for involuntary placement with DCF pursuant to section 916.13(1), Florida Statutes (2014)....

...e communication and comprehension skills necessary to meet the basic due process standards to stand trial. The trial court declared him incompetent to proceed. The court also determined that Graham met the statutory definition of "retardation" under section 916.106(12), Florida Statutes (2001), given his significantly sub-average general intellectual functioning....

...t II establishes forensic services for persons who are mentally ill; and Part III provides forensic services for those who are retarded or autistic. The terms "retardation," "mental illness," and "incompetent to proceed," are defined by statute. See § 916.106(9), (11)-(12), Fla....

...In Part III, the court's authority to order the involuntary commitment of someone who is retarded and adjudicated incompetent to proceed is governed by section 916.302. *558 There is no doubt that Graham is "incompetent to proceed" as that term is defined in section 916.106(9)....

...If not, Chapter 916 does not permit a court to order a defendant committed simply because he is incompetent to proceed. The trial court determined that Graham was "borderline retarded." The court improperly analogized prelinguistic deafness and low intelligence with mental retardation, as defined in section 916.106(12)....

...Intelligence testing revealed that Graham's I.Q. is "above the level of Mental Retardation." Equating his linguistic deficiency and low I.Q. scores with mental retardation is not supported by the record and contravenes the definition of "retardation" found in section 916.106(12)....

...The use of "and" at the end of subsection (b) indicates that subsection (c) is the last component of the list of requirements for involuntary commitment contained in section 916.13(1). Here there was a lack of clear and convincing evidence that Graham was suffering from a "mental illness" as defined in section 916.106(11), or that there was a "substantial likelihood that in the near future" Graham would "inflict serious bodily harm on" himself or another person....

...rt for further proceedings consistent with our decision. KLEIN, SHAHOOD and GROSS, JJ., concur. NOTES [1] DCF's Program Office of Developmental Disabilities Statement to the Circuit Court of the Seventeenth Judicial Circuit, dated July 16, 2002. [2] Section 916.106(12), Florida Statutes (2002), provides: "Retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18....

...le for security in order to protect the client, hospital personnel, other clients, and citizens in adjacent communities. In this case, the trial court never committed Myers to HRS custody as a "forensic client" or mentally ill detainee as defined by section 916.106(4), Florida Statutes. Myers was never committed to a "forensic facility" as defined by section 916.106(5), Florida Statutes....

...competency order. The second order, filed on January 9, 2002, was more detailed, specifying that (1) Offill had previously been found incompetent to proceed to trial due to a mental illness and was unlikely to be restored to competency as defined in section 916.106(11), Florida Statutes (2002); (2) the charges were dismissed without prejudice pursuant to rule 3.213(a); and (3) because Offill had been conditionally released and monitored by Mental Health Care, Inc., and had complied with treatment, he was released from the jurisdiction of the court....

...ts." See particularly § 916.107, Fla. Stat. (1991). This chapter, whose last substantial revision occurred in 1985, [5] applies both to patients committed as incompetent to stand trial, and those acquitted of criminal charges by reason of insanity. § 916.106(4)(b), Fla....

...s defendant was in need of treatment available only through commitment. We leave it up to the trial judge to decide whether to proceed on the current record or to order new evaluations. Petition granted. SHAHOOD and GROSS, JJ., concur. NOTES [1] See § 916.106(9), Fla....

...defendant might be expected to testify, entry of a plea . . . sentencing. . . ."). [2] There was evidence that defendant has an IQ of 59 and suffers from schizophrenia. The order of incompetency found that he meets the definition of "retardation" in section 916.106(12)....

...he defendant's attorney may ask the trial court to involuntarily commit the defendant pursuant to section 393.11, Florida Statutes. § 916.303(2)(a), Fla. Stat. (2003). Consequently, Mr. Everette is clearly a "forensic client," within the meaning of section 916.106(7), Florida Statutes (2003), i.e., a "defendant who is mentally ill, retarded, or autistic and who is committed to the department *121 pursuant to this chapter and: (a) Who has been determined to need treatment for a mental illness or...

...or autism; (b) who has been found incompetent to proceed on a felony offense or has been acquitted of a felony offense by reason of insanity; (c) Who has been determined by the department to: 1. Be dangerous to himself or herself or others;. . . ." § 916.106(7), Fla....

...her ordered Everette's commitment to a "secure Residential Placement." As will be seen later, these are important distinctions. [2] This statute repeatedly refers to "residential services" under section 393.11. [3] "Forensic client" is defined under section 916.106(7), Florida Statutes, as "any defendant...." The majority assumes without discussion that Everette is a forensic client....

...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. Stat. (2009) (emphasis added). Section 916.106 provides further that "[t]he [Agency] is responsible for training forensic clients who are developmentally disabled due to mental retardation or autism and have been determined incompetent to proceed." § 916.106(1), Fla....

...and shall order the defendant to be examined by no more than 3, nor fewer than 2, experts prior to the date of the hearing. Attorneys for the state and the defendant may be present at the examination. [4] Mr. Dallas was 35 years old when evaluated by Drs. Levin and Abeles. [5] See § 916.106(15), Fla....

...the provision of mental health treatment to the defendant in the Broward County Jail pending his[/her] transport to a forensic hospital facility forthwith. We find this order in complete compliance with existing law. In 2006, the legislature amended section 916.106(7) of the Florida Statutes....

...That section now provides: "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. § 916.106(7), Fla....

...Once these defendants are declared incompetent and are committed to the DCF, they are wards of the State. The stark reality that the State through the DCF does not take physical possession of them does not relieve the DCF of its statutorily-imposed duty to provide treatment. See § 916.106(7), Fla....

...The order therefore avoids any violation of the separation of powers doctrine. See Dep't of Children & Families v. Morrison, 727 So.2d 404, 405-06 (Fla. 3d DCA 1999). The DCF next suggests that section 916.107(1)(a) should supercede the responsibility imposed by section 916.106(7)....

...why it has failed to comply with a court order. See, e.g., Facyson v. Jenne, 821 So.2d 1169 (Fla. 4th DCA 2002). We further agree with the trial court that Facyson suggested the very relief that the legislature has now authorized by its amendment of section 916.106(7)....

...The modified sentence suspended a 30 year term of incarceration, with credit for time already served in jail, and then imposed a 28 year term of probation with the condition that Pelz live in a secure hospital under the supervision of HRS pursuant to chapter 394, Florida Statutes (1991) and to section 916.106(4)(b), Florida Statutes (1991)....

...rded defendants be provided in community inpatient or outpatient settings, in community residential facilities, or in civil, nonforensic facilities, whenever this is a feasible alternative to treatment in a state forensic facility. [Emphasis added]. Section 916.106(4), which defines a forensic client, provides in subsection (c) that HRS determines whether the client is dangerous or liable to escape....

...la. Stat. (2011), including the involuntary commitment of incompetent defendants. At the time of the psychologists’ evaluations, Chapter 916, utilized the word “retardation,” which was defined as having “the same meaning as in s. 398.063.” § 916.106(15), Fla....

...s release. Reversed and remanded with instructions. WELLS, J., concurs. . This Court has jurisdiction to review a non-final order finding a criminal defendant incompetent to proceed. See Fla. R. App. P. 9.130(a)(2); Fla. R. App. P. 9.140(c)(1)(H). . Section 916.106(13), Florida Statutes (2011), provides: "Mental illness” means an impairment of the emotional processes that exercise conscious control of one's actions, or of the ability to perceive or understand reality, which impairment substant...

...(d)(13). This case does not involve an issue as to which mental health hospital Watts should be transferred. CMHI is the only mental health hospital available to inmates within the DOC and CMHI is specifically recognized as a forensic facility under section 916.106(8)....

...ed due to mental illness, and who meets the criteria for involuntary commitment to the department under the provisions of this chapter, may be committed to the department, and the department shall retain and treat the defendant.... (Emphasis added.) Section 916.106(13) defines “mental illness” as an impairment of the emotional processes that exercise conscious control of one’s actions, or of the ability to perceive or understand reality, which impairment substantially interferes with a defendant’s ability to meet the ordinary de *1124 mands of living....

...The district court reasoned that although Everette was committed pursuant to section 393.11, after the dismissal of the criminal charges against him, his placement in a secure facility was pursuant to chapter 916, and, therefore, he was a forensic client under section 916.106(7), Florida Statutes (2004) and his transport was governed by section 916.107(10)....

...Instead, these statutes reflect that chapter 393 references "residential placement" or "residential facilities," while chapter 916 refers to "placement in a secure facility." See, e.g., §§ 393.063(34), Fla. Stat. (2004) (defining "residential facility"); 916.106(8), Fla....

...mpetent to proceed during a criminal proceeding or who are found not guilty by reason of insanity in a criminal proceeding. The parties argue some inconsistency between the provisions governing commitment under current chapter 916, Florida Statutes, section 916.106(2), and the pertinent rules of criminal procedure....

...ghts.” See particularly § 916.107, Fla. Stat. (1991). This chapter, whose last substantial revision occurred in 1985, applies both to patients committed as incompetent to stand trial, and those acquitted of criminal charges by reason of insanity. § 916.106(4)(b), Fla....

...Each client shall receive a written notice of the right to petition for a writ of habeas corpus. Id. A " '[f]orensic client' . . . means any defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9), Fla....

...sent. Ultimately, Dr. Bernstein opined that Davis was incompetent to proceed due to age-immaturity as well as educational and informational deficits. Significantly, Dr. Bernstein did not conclude that Davis was incompetent due to mental illness. See § 916.106(13), Fla....

...that Reynolds is mentally ill, and because of that illness, manifestly dangerous to himself or others. Therefore, the trial court was well within its discretion to commit Reynolds. 3 defendant’s ability to meet the ordinary demands of living.” § 916.106(14), Fla....

substantially the following question: Whether section 916.106(12), Florida Statutes, authorizes the Department

...or security in order to protect the client, hospital personnel, other clients, and citizens in adjacent communities. In this ease, the trial court never committed Myers to HRS custody as a “forensic client” or mentally ill detainee as defined by section 916.106(4), Florida Statutes. Myers was never committed to a “forensic facility” as defined by section 916.106(5), Florida Statutes....

...The findings of fact recited in the court’s order reflect that the incompetency was based upon the factors outlined in the experts’ reports. Although none of the experts suggested that Petitioner suffered from any mental illness, the court found Petitioner incompetent to proceed due to mental illness as defined in section 916.106(13), Florida Statutes....

...The problem began with the discrepancy between the trial court’s finding that incompetency was based upon mental retardation and cultural issues, rather than mental illness, and its legal ruling that Petitioner suffered from some unspecified mental illness under section 916.106(14), rather than an intellectual disability under section 916.106(13)....

...The incompetence is best attributed to deficits in cultural-specific knowledge and low cognitive functioning.... I do not consider hospitalization to be necessary for treatment of any mental illness.” . No appeal was taken from that order. Notably, subsection (13) of section 916.106 defines "intellectual disability”; subsection (14) defines "mental illness.” Presumably, the trial court either cited the statute incorrectly or intended to find that Petitioner had an intellectual disability rather than a mental illness....

...Myers, 696 So.2d 863 (Fla. 4th DCA 1997) (recognizing the appropriateness of a Writ of ■Certiorari, where governmental entities, who were non-parties to the underlying criminal proceeding would suffer irreparable harm). For the following reasons, we grant the petition. Section 916.106(5), Florida Statutes (1997) provides that a forensic facility, such as SFETC, is a “separate and secure facility established within the department for the treatment of forensic clients.” Section 916.106(4), Florida Statutes (1997) defines a forensic client as a “mentally ill person ......

...4th DCA 2014). 4  Appellant argues that the state established his need for only Lithium, not the remaining drugs listed in the petition. He also contends that, contrary to section 916.107(3)(a), Florida Statutes (2014), and section 916.106(8), Florida Statutes (2014), the facility did not give him “the opportunity to prove express and informed consent to any medication other than Lithium or Saphris.” While appellant’s psychiatrist testified to the use of Lith...

...However, Chapter 916 does not address competency proceedings for convicted felons subject to civil commitment proceedings under section 394.912. Indeed, the respondent does not satisfy the definition of “defendant” as defined by Chapter 916. 1 § 916.106(6) Fla....

...Both of the experts also agreed that it was improbable that Mr. Carmona could be restored to competency. Based on the opinions of the two experts, the trial court found Mr. Carmona incompetent to proceed to trial due to a mental illness as defined in section 916.106(11), Florida Statutes (2013)....

...-3- corrected on appeal, we grant the petition for the writ of certiorari and quash the April 20, 2014, order of the trial court to the extent that it orders the commitment of Mr. Carmona to the Department. Section 916.106(11) clearly defines when a person is incompetent to proceed in a criminal proceeding.1 In the instant case, the reports of the experts who examined Mr....

...ontrol, sentencing, and hearings on issues regarding a defendant's failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered." § 916.106(11). -4- implementing the statute indicate that conditional release under section 916.17 is appropriate only when a defendant meets the criteria for commitment to [the Department]." See id. Here, after finding that Mr....

chapter 394, Florida Statutes (1991) and to section 916.106(4)(b), Florida Statutes (1991). Under a separate

...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. (Emphasis added). Section 916.106(13) defines “intellectual disability” as having “the same meaning as in s....

...have met the statutory definition of “intellectual disability.” Some recent evaluations found that Joseph suffered from a mental illness; however, the statutory definition of “mental illness” “does not apply to defendants who have only an intellectual disability.” § 916.106(14), Fla....

...Review of a trial court’s ruling on a petition for writ of habeas corpus “is limited to a determination of whether the circuit court afforded petitioner due process or departed from the essential requirements of law.” Edge v. State, 893 So.2d 610, 612 (Fla. 4th DCA 2005). Section 916.106(7), Florida Statutes (2013), provides that DCF “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.” A “forensic client” includes one who has been committed to DCF custody under section 916.13(1). § 916.106(9), Fla....

...held by such person, and the court shall forward the same, together with a record of the adjudication to the department. Section 744.331, Florida Statutes (2008), provides the procedures for determining incapacity under the Florida Guardianship Law. Section 916.106(11), Florida Statutes (2008), determines competency for the purpose of trial and provides: "Incompetent to proceed" means unable to proceed at any material stage of a criminal proceeding, which shall include trial of the case, pretria...

...Section 322.2505, Florida Statutes (2008), plainly provides that the court shall require a person adjudicated incompetent pursuant to section 744.331 to surrender his or her driver's license. It references no other statute. The state argues that the procedures for determining incompetency under sections 744.331 and 916.106 are similar....

be eligible for developmental services." 11 Section 916.106(7), Fla. Stat., defines a "[f]orensic client"

...forensic facility as a result of having been found incompetent to proceed. 2 " 'Forensic client' . . . means any defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9). 2  such detention and request that the committing court issue a writ for release....

...Onwu's argument is predicated upon chapter 916, Florida Statutes (1995), which provides for court-ordered commitment of persons found incompetent to stand trial to the Department of Health and Rehabilitative Services [1] for placement in a so-called forensic facility. Section 916.106, Florida Statutes (1995), contains the following pertinent definitions: (2) "Court" means the circuit court....

...oluntarily committed upon the finding of certain criteria. The fallacy in the State's argument is that section 916.13(1) also specifies that these findings are to be made by "the court." Because the word "court" is defined to mean "circuit court" in section 916.106(2), it necessarily follows that only the circuit court can make the findings necessary for a forensic commitment under chapter 916....

...*716 Because the trial court departed from the essential requirements of law by usurping APD’s jurisdiction to direct funding in this instance, we grant the petition and quash the trial court’s order. Respondent was found incompetent to proceed, as defined in section 916.106(1) or (12), Florida Statutes, due to retardation or autism, and was referred to, and accepted by, APD for treatment and training....

...Because the trial court departed from the essential requirements of law by usurping APD's jurisdiction to direct funding in this instance, we grant the petition and quash the trial court's order. Respondent was found competent to proceed, as defined in section 916.106(1) or (12), Florida Statutes....