The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.106

916.106 Definitions.—For the purposes of this chapter, the term:

(1) “Agency” means the Agency for Persons with Disabilities. The agency is responsible for training forensic clients who are developmentally disabled due to intellectual disability or autism and have been determined incompetent to proceed.

(2) “Autism” has the same meaning as in s. 393.063.

(3) “Chemical weapon” means any shell, cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN), chlorobenzalmalononitrile (CS) or any derivatives thereof in any form, or any other agent with lacrimatory properties, and shall include products such as that commonly known as “mace.”

(4) “Civil facility” means:

(a) A mental health facility established within the department or by contract with the department to serve individuals committed pursuant to chapter 394 and those defendants committed pursuant to this chapter who do not require the security provided in a forensic facility; or

(b) An intermediate care facility for the developmentally disabled, a foster care facility, a group home facility, or a supported living setting, as defined in s. 393.063, designated by the agency to serve those defendants who do not require the security provided in a forensic facility.

(5) “Court” means the circuit court.

(6) “Defendant” means an adult, or a juvenile who is prosecuted as an adult, who has been arraigned and charged with a felony offense under the laws of this state.

(7) “Department” means the Department of Children and Families. 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.

(8) “Express and informed consent” or “consent” means consent given voluntarily in writing after a conscientious and sufficient explanation and disclosure of the purpose of the proposed treatment, the common side effects of the treatment, if any, the expected duration of the treatment, and any alternative treatment available.

(9) “Forensic client” or “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.

(10) “Forensic facility” means a separate and secure facility established within the department or agency, or contracted using department funding, to serve forensic clients. A separate and secure facility means a security-grade building for the purpose of separately housing persons who have mental illness from persons who have intellectual disabilities or autism and separately housing persons who have been involuntarily committed pursuant to this chapter from nonforensic residents. The term includes a facility serving forensic clients committed to the department which is colocated in a county jail and operated by a community mental health provider through a contract.

(11) “Incompetent to proceed” means unable to proceed at any material stage of a criminal proceeding, which includes the trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violation of probation or violation of community control, 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.

(12) “Institutional security personnel” means the staff of forensic facilities who meet or exceed the requirements of s. 943.13 and who are responsible for providing security, protecting clients and personnel, enforcing rules, preventing and investigating unauthorized activities, and safeguarding the interests of residents in the surrounding communities.

(13) “Intellectual disability” has the same meaning as in s. 393.063.

(14) “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 substantially interferes with the defendant’s ability to meet the ordinary demands of living. For the purposes of this chapter, the term does not apply to defendants who have only an intellectual disability or autism or a defendant with traumatic brain injury or dementia who lacks a co-occurring mental illness, and does not include intoxication or conditions manifested only by antisocial behavior or substance abuse impairment.

(15) “Restraint” means a physical device, method, or drug used to control dangerous behavior.

(a) A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to a person’s body so that he or she cannot easily remove the restraint and that restricts freedom of movement or normal access to one’s body.

(b) A drug used as a restraint is a medication used to control the person’s behavior or to restrict his or her freedom of movement and not part of the standard treatment regimen of the person with a diagnosed mental illness who is a client of the department. Physically holding a person during a procedure to forcibly administer psychotropic medication is a physical restraint.

(c) Restraint does not include physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, supportive body bands, or other physical holding necessary for routine physical examinations and tests; for purposes of orthopedic, surgical, or other similar medical treatment; to provide support for the achievement of functional body position or proper balance; or to protect a person from falling out of bed.

(16) “Seclusion” means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. The prevention may be by physical barrier or by a staff member who is acting in a manner, or who is physically situated, so as to prevent the person from leaving the room or area. For purposes of this chapter, the term does not mean isolation due to a person’s medical condition or symptoms, the confinement in a forensic facility to a bedroom or area during normal hours of sleep when there is not an active order for seclusion, or during an emergency such as a riot or hostage situation when clients may be temporarily placed in their rooms for their own safety.

(17) “Social service professional” means a person whose minimum qualifications include a bachelor’s degree and at least 2 years of social work, clinical practice, special education, habilitation, or equivalent experience working directly with persons who have intellectual disabilities, autism, or other developmental disabilities.

History.—s. 31, ch. 85-167; s. 1527, ch. 97-102; s. 6, ch. 98-92; s. 2, ch. 2006-195; s. 28, ch. 2013-162; s. 309, ch. 2014-19; s. 12, ch. 2020-39; s. 1, ch. 2022-62.

F.S. 916.106 on Google Scholar

F.S. 916.106 on Casetext

Amendments to 916.106

Arrestable Offenses / Crimes under Fla. Stat. 916.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.106.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. LOTTON, 172 So. 3d 983 (Fla. Dist. Ct. App. 2015)

. . . court ruled that Defendant was incompetent to proceed due to her mental illness as defined in section 916.106 . . .

LIZZI, v. STATE, 168 So. 3d 1285 (Fla. Dist. Ct. App. 2015)

. . . He also contends that, contrary to section 916.107(3)(a), Florida Statutes (2014), and section 916.106 . . .

D. S. v. STATE, 164 So. 3d 1257 (Fla. Dist. Ct. App. 2015)

. . . illness, the court found Petitioner incompetent to proceed due to mental illness as defined in section 916.106 . . . 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). . . . Notably, subsection (13) of section 916.106 defines "intellectual disability”; subsection (14) defines . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. CARMONA, 159 So. 3d 165 (Fla. Dist. Ct. App. 2015)

. . . Carmona incompetent to proceed to trial due to a mental illness as defined in section 916.106(11), Florida . . . Section 916.106(11) clearly defines when a person is incompetent to proceed in a criminal proceeding. . . . mental competence of the defendant is necessary for a just resolution of the issues being considered.” § 916.106 . . .

MORROW, v. STATE, 153 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . Section 916.106(7), Florida Statutes (2013), provides that DCF “is responsible for the treatment of forensic . . . A “forensic client” includes one who has been committed to DCF custody under section 916.13(1). § 916.106 . . .

JOSEPH, v. STATE, 152 So. 3d 741 (Fla. Dist. Ct. App. 2014)

. . . Section 916.106(13) defines “intellectual disability” as having “the same meaning as in s. 393.063.” . . . definition of “mental illness” “does not apply to defendants who have only an intellectual disability.” § 916.106 . . .

STATE v. MIRANDA,, 137 So. 3d 1133 (Fla. Dist. Ct. App. 2014)

. . . .” § 916.106(15), Fla. Stat. (2011). . . . Section 916.106(13), Florida Statutes (2011), provides: "Mental illness” means an impairment of the emotional . . .

DEPARTMENT OF CHILDREN FAMILIES, v. DAVIS, 114 So. 3d 983 (Fla. Dist. Ct. App. 2012)

. . . See § 916.106(13), Fla. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. RAMOS, 82 So. 3d 1121 (Fla. Dist. Ct. App. 2012)

. . . Section 916.106(13) defines “mental illness” as an impairment of the emotional processes that exercise . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. DALLAS, 38 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . Section 916.106 provides further that “[t]he [Agency] is responsible for training forensic clients who . . . developmentally disabled due to mental retardation or autism and have been determined incompetent to proceed.” § 916.106 . . . See § 916.106(15), Fla. Stat. . . .

KENDRICK, v. STATE, 21 So. 3d 122 (Fla. Dist. Ct. App. 2009)

. . . . § 916.106(4)(b), Fla. Stat. (1991). . . .

LEGG, v. STATE, 15 So. 3d 918 (Fla. Dist. Ct. App. 2009)

. . . Section 916.106(11), Florida Statutes (2008), determines competency for the purpose of trial and provides . . . The state argues that the procedures for determining incompetency under sections 744.331 and 916.106 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . Section 916.106(9) defines a “forensic client” as one who has been “committed” to the Department pursuant . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. A. BLACKBURNE,, 961 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . . § 916.106(6) Fla. Stat. (2007); cf. Dep’t of Children & Family Services v. . . .

EVERETTE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 961 So. 2d 270 (Fla. 2007)

. . . secure facility was pursuant to chapter 916, and, therefore, he was a forensic client under section 916.106 . . . Stat. (2004) (defining “residential facility”); 916.106(8), Fla. . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. CARLISLE, 954 So. 2d 715 (Fla. Dist. Ct. App. 2007)

. . . Respondent was found incompetent to proceed, as defined in section 916.106(1) or (12), Florida Statutes . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. REYNOLDS, 954 So. 2d 716 (Fla. Dist. Ct. App. 2007)

. . . Respondent was found competent to proceed, as defined in section 916.106(1) or (12), Florida Statutes . . .

CHERRY, v. STATE, 959 So. 2d 702 (Fla. 2007)

. . . See § 916.106(12), Fla. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. LEONS,, 948 So. 2d 988 (Fla. Dist. Ct. App. 2007)

. . . In 2006, the legislature amended section 916.106(7) of the Florida Statutes. . . . incompetent to proceed due to mental illness or who have been acquitted of a felony by reason of insanity. § 916.106 . . . See § 916.106(7), Fla. Stat. (2006). . . . DCF next suggests that section 916.107(l)(a) should supercede the responsibility imposed by section 916.106 . . . Fa-cyson suggested the very relief that the legislature has now authorized by its amendment of section 916.106 . . .

DOUSE, Jr. v. STATE L., 930 So. 2d 838 (Fla. Dist. Ct. App. 2006)

. . . See § 916.106(9), Fla. . . . The order of incompetency found that he meets the definition of "retardation” in section 916.106(12). . . .

ZACK, v. STATE, 911 So. 2d 1190 (Fla. 2005)

. . . See § 916.106(12), Fla. . . .

ARBELAEZ, v. STATE v. V. Jr., 898 So. 2d 25 (Fla. 2005)

. . . results and “refuse[d] to consider” Arbelaez’s ability to adapt to his surroundings, even though section 916.106 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. EVERETTE,, 911 So. 2d 119 (Fla. Dist. Ct. App. 2004)

. . . Everette is clearly a “forensic client,” within the meaning of section 916.106(7), Florida Statutes ( . . . Be dangerous to himself or herself or others; .... ” § 916.106(7), Fla. Stat. (emphasis added). . . . "Forensic client” is defined under section 916.106(7), Florida Statutes, as "any defendant. ...” . . .

PALM BEACH COUNTY SHERIFF, Ed J. A. C. W. v. STATE, 854 So. 2d 278 (Fla. Dist. Ct. App. 2003)

. . . determined to be incompetent to proceed, either because of mental retardation, pursuant to sections 916.106 . . . (12) and 916.302, Florida Statutes (2001), or mental illness pursuant to sections 916.106(11) and 916.12 . . .

STATE v. OFFILL,, 837 So. 2d 533 (Fla. Dist. Ct. App. 2003)

. . . to trial due to a mental illness and was unlikely to be restored to competency as defined in section 916.106 . . .

L. GRAHAM, v. JENNE,, 837 So. 2d 554 (Fla. Dist. Ct. App. 2003)

. . . The court also determined that Graham met the statutory definition of “retardation” under section 916.106 . . . See § 916.106(9), (11)-(12), Fla. Stat. (2002). . . . There is no doubt that Graham is “incompetent to proceed” as that term is defined in section 916.106( . . . analogized prelinguistic deafness and low intelligence with mental retardation, as defined in section 916.106 . . . Section 916.106(12), Florida Statutes (2002), provides: ''Retardation” means significantly subaver-age . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WATTS,, 800 So. 2d 225 (Fla. 2001)

. . . to inmates within the DOC and CMHI is specifically recognized as a forensic facility under section 916.106 . . .

STATE DEPARTMENT OF CHILDREN FAMILIES, a v. GARCIA,, 711 So. 2d 1342 (Fla. Dist. Ct. App. 1998)

. . . Section 916.106(5), Florida Statutes (1997) provides that a forensic facility, such as SFETC, is a “separate . . . Section 916.106(4), Florida Statutes (1997) defines a forensic client as a “mentally ill person ... . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS, STATE v. MYERS, BROWARD COUNTY, v. MYERS,, 696 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . committed Myers to HRS custody as a “forensic client” or mentally ill detainee as defined by section 916.106 . . . Myers was never committed to a “forensic facility” as defined by section 916.106(5), Florida Statutes . . .

ONWU, v. STATE, 692 So. 2d 881 (Fla. 1997)

. . . Section 916.106, Florida Statutes (1995), contains the following pertinent definitions: (2) “Court” means . . . Because the word “court” is defined to mean “circuit court” in section 916.106(2), it necessarily follows . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PELZ, Jr., 609 So. 2d 155 (Fla. Dist. Ct. App. 1992)

. . . hospital under the supervision of HRS pursuant to chapter 394, Florida Statutes (1991) and to section 916.106 . . . Section 916.106(4), which defines a forensic client, provides in subsection (c) that HRS determines whether . . .

GERUS, v. STATE, 565 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

. . . inconsistency between the provisions governing commitment under current chapter 916, Florida Statutes, section 916.106 . . .