CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...equired in a court hearing by law. The respondent further contends that sections
29.005(4) and
29.006(4) require the State Attorney's Office and the Public Defender's Office, respectively, to pay for mental health professionals appointed pursuant to section
916.115(2), Florida Statutes (2004), and required in a court hearing involving an indigent defendant....
...On August 26, 2004, the Chair of the Trial Court Budget Commission sent a memorandum to all Chief Judges and Trial Court Administrators explaining the policy decisions of the Commission. The memorandum states that any experts appointed pursuant to section 916.115(2) are to be paid from either the State Attorney's, Public Defender's, or court-appointed counsel's budget regardless of who asks for the appointment....
...3d DCA 1983) (common law certiorari held as the appropriate vehicle for appellate court to review a trial court's order requiring the State Attorney's Office to pay for half of a defense exhibit ordered by the Public Defender's Office). The relevant statutes and rules are sections
29.004(6),
29.005(3) and (4), [2]
916.115, Florida Statutes (2004), and Florida Rules of Criminal Procedure 3.210(b) and 3.218(c)....
...the state attorney deems necessary for the performance of his or her duties. 4) Mental health professionals appointed pursuant to s.
394.473 and required in a court hearing involving an indigent, and mental health professionals appointed pursuant to s.
916.115(2) and required in a court hearing involving an indigent. Section
916.115 sets forth the scheme for the appointment of experts: (1)(b) The court may appoint no more than three nor fewer than two experts to determine issues of the mental conditions of a defendant in a criminal case, including the issues of competency to proceed, insanity and involuntary hospitalization or placement ....
...ndant.... In addition, the Florida Legislature provided for the application of state revenues to the State Attorney's Office, the Public Defender's Office, and court-appointed counsel to cover the costs of mental health experts appointed pursuant to section 916.115(2)....
...The Florida Legislature also provided for the application of state revenues to the courts' system to cover the costs of expert witnesses not requested by any party that are appointed by the court pursuant to an express grant of statutory authority. See §
29.004(6), Fla. Stat. (2004). Section
916.115(1)(b) provides that express grant of statutory authority....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...twenty-year term (also pursuant to 10-20-Life) for the remaining
count.
II.
Wanless’s first argument is that the trial court should have
excluded the State’s expert testimony about his sanity. Wanless
argues that section
916.115(1)(a), Florida Statutes—which
provides that court-appointed experts who evaluate defendants for
1 §
775.087, Fla....
...t a
psychiatrist, licensed psychologist, or physician. But this
argument confuses the qualifications of experts the court appoints
to evaluate sanity with the qualifications of experts parties present
at trial. Although experts appointed pursuant to section 916.115
sometimes testify at trial, see Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 1109129, 2012 Fla. App. LEXIS 5234
PER CURIAM. An amended information charged Re-nard Williams (Appellant) with two counts of armed robbery with a firearm while wearing a mask. Appointed counsel filed a notice under section 916.115, Florida Statutes (2009), and Florida Rule of Criminal *976 Procedure 3.210(b)(1) alleging reasonable grounds to believe Appellant was not mentally competent to stand trial and seeking a hearing....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 WL 1507010
...t reporter shall furnish with reasonable diligence a transcript of the testimony and proceedings; and the costs for same shall be taxed as costs in the case. (emphasis added). [3] Mental competency evaluations in criminal proceedings are governed by section 916.115.
CopyCited 2 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 533, 2001 Fla. LEXIS 1658, 2001 WL 950230
...for determination of competency pursuant to this Court's ruling in Carter. The trial court found that a competency evaluation was necessary, and asked each party to submit the names of two experts, but only from the court-approved list, pursuant to section 916.115(1), Florida Statutes (2000)....
...he training of mental health experts, the appointment and compensation of these experts, and the nature and scope of the competency evaluations of defendants who are alleged to be mentally ill. After careful review of this chapter, we determine that section 916.115, Florida Statutes (2000), dictates that the County has financial responsibility for the court expert witness cost at issue in this case. Section 916.115 provides in pertinent part: 916.115 Appointment of experts. (1)(a).......
...igated for the expert witness fees incurred during competency evaluations authorized by rule 3.851(d), which are fundamentally designed to protect the identical interests recognized under the statutory provisions. The County maintains, however, that section 916.115 cannot provide a statutory basis requiring them to be financially obligated to cover the cost at issue in this case because this statute relates to "criminal" proceedings, whereas postconviction proceedings are "civil" in nature....
...Both parties were only allowed to suggest an expert from the court-approved list. Thus, CCRC did not independently seek out and hire Dr. Latterner. III. CONCLUSION After thorough review of the issue presented, we conclude that this case is governed by sections 43.28 and 916.115 of the Florida Statutes....
...SHAW, HARDING, ANSTEAD, PARIENTE, and LEWIS, JJ., concur. QUINCE, J., concurs in result only. WELLS, C.J., concurs in part and dissents in part with an opinion. WELLS, C.J., concurring in part and dissenting in part. I concur in the result that this county can be properly required to pay this cost under section 916.115, Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 5048
...urt reporter shall furnish with reasonable diligence a transcript of the testimony and proceedings; and the costs for same shall be taxed as costs in the case. (emphasis added). . Mental competency evaluations in criminal proceedings are governed by section 916.115.
CopyCited 1 times | Published | Supreme Court of Florida | 2014 Fla. LEXIS 1671, 2014 WL 2118192
...resent ability to
consult with his lawyer with a reasonable degree of rational understanding—and
whether he has a rational as well as factual understanding of the proceedings
against him.” Dusky v. United States,
362 U.S. 402, 402 (1960); see §
916.115,
Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10846, 2010 WL 2925435
...See In re Amendments to the Florida Rules of Criminal Procedure,
26 So.3d 534, 537 (Fla.2009) (amending Rule 3.210 to "reflect statutory changes relating to funding of experts and examinations to determine mental competency"); Ch. 2005-236, Laws of Fla. (amending section
916.115 to eliminate language requiring the court to appoint no fewer than two experts)....
...ding the court " may order the defendant to be examined by no more than 3 experts, as needed, prior to the date of the hearing." Fla. R.Crim. P. 3.210(b) (2010) (emphasis supplied). As discussed above, the statute relating to appointment of experts, section 916.115, was amended in 2005 to remove language that required a court to appoint no fewer than two experts. The current statute provides that a court "shall appoint no more than three experts ..." § 916.115(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 6001, 2015 WL 1851542
...This was error. As will be discussed below, although Kidder provided support for the reasoning offered by the trial court to compel production of Dr. Olander’s report, we find the provisions contained within Florida Rule of Criminal Procedure 3.216(a) and section 916.115(2), Florida Statutes (2012), as well as the numerous decisions discussing the confidentiality of mental health evaluations, to be far more specific on the issue of whether the reports of mental health experts are protected by the attorney-client privilege....
...sing and calling as witnesses psychiatrists hired by an accused or his counsel for the sole purpose of aiding in the preparation of an insanity defense, except in cases where the public interest in the administration of justice is undermined). *1161 Section 916.115(2), Florida Statutes (2012), also supports the principle that a competency evaluation prepared by an expert retained by the defense is a confidential document....
...if disclosed. However, ... the Wuesthoff report does not contain work product.”) (citation omitted). . We reject any contention that without Dr. Olander’s report the State has no way of knowing whether Manuel is competent to proceed. Pursuant to section 916.115, Florida Statutes, the State may request the trial court to appoint no more than three experts for the purpose of determining Manuel’s competency to proceed. See § 916.115, Fla....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 685, 2001 Fla. LEXIS 2080, 2001 WL 1241185
...The clerks’ fees at issue in these cases are like transcript costs, which we have already determined are the financial responsibility of CCRC. See Porter,
700 So.2d at 648 . Importantly, in Jones , we found a statutory basis requiring counties to pay for competency exams. See Jones,
793 So.2d at 906 (“[W]e determine that section
916.115, Florida Statutes (2000), dictates that the County has financial responsibility for the court expert witness cost....”)....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1934462, 2012 Fla. App. LEXIS 8743
...Here, the defendant has not asserted a mental health defense and the defendant’s mental health is not at issue during the penalty phase of the case. This dichotomy regarding the appointment of experts, depending on the nature of the examination, is recognized by section 916.115, Florida Statutes (2011). Section 916.115 initially states in subsection (1): “The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to proceed, insanity, involuntary placement, and treatment.” (emphasis added)....
CopyPublished | District Court of Appeal of Florida
Florida Rule of Criminal Procedure 3.210(b) and section
916.115, Florida Statutes. In the motion, counsel alleged
CopyPublished | Florida 1st District Court of Appeal
...3.216(a) (emphasis supplied). Unlike rule 3.210, rule 3.216
provides that the “expert shall report only to the attorney for the
defendant,” matters contained therein “fall[ing] under the lawyer-
client privilege.” Id. This rule works in conjunction with section
916.115, Florida Statutes, which allows a private attorney
appointed to represent an indigent defendant—like Emerson’s
counsel was—to have access to expert services at public expense.
That clearly is what counsel was trying to do as he prepared
for sentencing....
...3.210(b) (emphasis supplied).
The motion also did not set out any facts to demonstrate this
reasonable ground, and it mentioned that the Justice
Administration Commission will not be responding to the motion
because the expert, if appointed by court order, would be paid by
the court—another reference to section 916.115’s indigency cost-
payment provisions. The trial court’s order nevertheless cited both
rule 3.210 and section 916.115, but it did not find there to be a
18
“reasonable ground to believe” that Emerson was not competent to
proceed to sentencing....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 483, 2007 WL 120072
...Alvarado incompetent to proceed in his criminal case, and involuntarily committing Alvarado to the Department for mental health treatment pursuant to section
916.13, Florida Statutes (2006). The order on review states that the trial court based its decision solely upon the written reports of experts appointed pursuant to section
916.115, Florida Statutes (2006), and Florida Rule of Criminal Procedure 3.210(b)....
CopyPublished | Florida 5th District Court of Appeal
...understanding of the proceedings against . . . him.” See §
916.12(1),
Fla. Stat. (2023). Generally, an expert witness is required “to
determine [Elvey’s] mental condition . . . , including competency to
proceed, insanity, involuntary placement, and treatment.” See §
916.115(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4878, 2011 WL 1326279
PER CURIAM. Channing James Madison appeals an order requiring him to pay $1,400 for competency evaluations ordered by the court. The State correctly acknowledges that this cost should not have been assessed against Madison. See § 916.115, Fla....
