Florida Statute 916.12 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.12

916.12 Mental competence to proceed.—

(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.

(2) Mental health experts appointed pursuant to s. 916.115 shall first determine whether the defendant has a mental illness and, if so, consider the factors related to the issue of whether the defendant meets the criteria for competence to proceed as described in subsection (1). A defendant must be evaluated by no fewer than two experts before the court commits the defendant or takes other action authorized by this chapter or the Florida Rules of Criminal Procedure, except if one expert finds that the defendant is incompetent to proceed and the parties stipulate to that finding, the court may commit the defendant or take other action authorized by this chapter or the rules without further evaluation or hearing, or the court may appoint no more than two additional experts to evaluate the defendant. Notwithstanding any stipulation by the state and the defendant, the court may require a hearing with testimony from the expert or experts before ordering the commitment of a defendant.

(3) In considering the issue of competence to proceed, an examining expert shall first consider and specifically include in his or her report the defendant’s capacity to:

(a) Appreciate the charges or allegations against the defendant.

(b) Appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against the defendant.

(d) Disclose to counsel facts pertinent to the proceedings at issue.

(e) Manifest appropriate courtroom behavior.

(f) Testify relevantly.

In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.

(4) If an expert finds that the defendant is incompetent to proceed, the expert shall report on any recommended treatment for the defendant to attain competence to proceed. In considering the issues relating to treatment, the examining expert shall specifically report on:

(a) The mental illness causing the incompetence.

(b) The completion of a clinical assessment by approved mental health experts trained by the department to ensure safety of the patient and the community.

(c) The treatment or treatments appropriate for the mental illness of the defendant and an explanation of each of the possible treatment alternatives, including, at a minimum, mental health services, treatment services, rehabilitative services, support services, and case management services as described in s. 394.67, which may be provided by or within multidisciplinary community treatment teams, such as Florida Assertive Community Treatment, conditional release programs, outpatient services or intensive outpatient treatment programs, and supportive employment and supportive housing opportunities in treating and supporting the recovery of the patient.

(d) The availability of acceptable treatment and, if treatment is available in the community, the expert shall so state in the report.

(e) The likelihood of the defendant’s attaining competence under the treatment recommended, an assessment of the probable duration of the treatment required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future.

The examining expert’s report to the court shall include a full and detailed explanation regarding why the alternative treatment options referenced in the evaluation are insufficient to meet the needs of the defendant.

(5) A defendant who, because of psychotropic medication, is able to understand the nature of proceedings and assist in the defendant’s own defense shall not automatically be deemed incompetent to proceed simply because the defendant’s satisfactory mental functioning is dependent upon such medication. As used in this subsection, “psychotropic medication” means any drug or compound used to treat mental or emotional disorders affecting the mind, behavior, intellectual functions, perception, moods, or emotions and includes antipsychotic, antidepressant, antimanic, and antianxiety drugs.

History.—s. 1, ch. 80-75; s. 1529, ch. 97-102; s. 15, ch. 98-92; s. 59, ch. 2005-236; s. 11, ch. 2006-195; s. 21, ch. 2010-117; s. 3, ch. 2023-270.

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Amendments to 916.12

Annotations, Discussions, Cases:

Cases Citing Statute 916.12

Total Results: 56

Hunter v. State

660 So. 2d 244, 1995 WL 324080

Supreme Court of Florida | Filed: Jun 1, 1995 | Docket: 1639619

Cited 134 times | Published

788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla.R.Crim.P. 3.211(a)(1)

McCray v. State

71 So. 3d 848, 36 Fla. L. Weekly Supp. 383, 2011 Fla. LEXIS 1565, 2011 WL 2637377

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2353993

Cited 43 times | Published

402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); § 916.12(1), Fla. Stat. (2008); Fla. R.Crim. P. 3.211(a)(1)

Caraballo v. State

39 So. 3d 1234, 35 Fla. L. Weekly Supp. 374, 2010 Fla. LEXIS 992, 2010 WL 2517974

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1932861

Cited 43 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. Stat. (2006). This fundamental principle

Hertz v. State

803 So. 2d 629, 2001 WL 1338444

Supreme Court of Florida | Filed: Nov 1, 2001 | Docket: 1785147

Cited 42 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla.Stat. (1993); Fla. *640 R.Crim.P. 3.211(a)(1)

Muhammad v. State

494 So. 2d 969, 11 Fla. L. Weekly 359

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 1510815

Cited 39 times | Published

understanding of the proceedings against him. § 916.12(1), Fla. Stat.(1981). Muhammad attacks the determination

Mora v. State

814 So. 2d 322, 2002 WL 87463

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1368919

Cited 30 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

Carter v. State

706 So. 2d 873, 1997 WL 709671

Supreme Court of Florida | Filed: Nov 13, 1997 | Docket: 1280719

Cited 28 times | Published

1982); Lane v. State, 388 So.2d 1022 (Fla. 1980); § 916.12, Fla. Stat. (1995). This principle of law, while

Evans v. State

800 So. 2d 182, 2001 WL 1194326

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 401027

Cited 27 times | Published

788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

Alston v. State

894 So. 2d 46, 2004 WL 2297848

Supreme Court of Florida | Filed: Oct 14, 2004 | Docket: 2527466

Cited 23 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (2003); Fla. R.Crim. P. 3.211(a)(1)

Hardy v. State

716 So. 2d 761, 1998 WL 306613

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 424729

Cited 23 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

Bryant v. State

785 So. 2d 422, 2001 WL 326697

Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 1510173

Cited 22 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim.P. 3.211(a)(1)

Hernandez-Alberto v. State

889 So. 2d 721, 2004 WL 2109981

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 480033

Cited 21 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

In Re Commitment of Reilly

970 So. 2d 453, 2007 WL 4270584

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 1694688

Cited 14 times | Published

" This stipulation was entered pursuant to section 916.12(2), Florida Statutes (2006), which permits

Barnes v. State

124 So. 3d 904, 38 Fla. L. Weekly Supp. 490, 2013 WL 3214422, 2013 Fla. LEXIS 1313

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60235576

Cited 9 times | Published

understanding of the proceedings against her or him.” §' 916.12(1), Fla. Stat. (2006). “As this Court succinctly

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

(Supp. 1980), [designated as Fla.St. 1980, Supp. § 916.12] is a companion statute relating to mental competence

Department of Children & Families v. Lotton

172 So. 3d 983, 2015 Fla. App. LEXIS 12850, 2015 WL 5051125

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250184

Cited 7 times | Published

is questioned. To make this determination, section 916.12(2) states that the defendant shall be evaluated

Castro v. State

744 So. 2d 986, 1999 WL 685712

Supreme Court of Florida | Filed: Sep 2, 1999 | Docket: 1721418

Cited 5 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

Ozbourn v. State

651 So. 2d 795, 1995 WL 93822

District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 1518164

Cited 5 times | Published

order that has been appealed was entered under section 916.12(1), Florida Statutes (1991),[2] and adjudicated

Pericola v. State

499 So. 2d 864, 11 Fla. L. Weekly 2555

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1443764

Cited 5 times | Published

understanding of the proceedings against him. Section 916.12(1), Florida Statutes (1985); Rule 3.211(a)

Department of Children and Families v. Clem

903 So. 2d 1011, 2005 Fla. App. LEXIS 8788, 2005 WL 1364562

District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 1675218

Cited 4 times | Published

restrictive commitment." See § 916.12(4), Fla. Stat. (2003). Section 916.12(4) provides: (4) If the experts

Douse v. State

930 So. 2d 838, 2006 WL 1626908

District Court of Appeal of Florida | Filed: Jun 12, 2006 | Docket: 1749607

Cited 3 times | Published

defendant evaluated once again for competency under section 916.12(2), the previous evaluating doctors both opined

Harris v. State

864 So. 2d 1252, 2004 WL 177020

District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 1425727

Cited 3 times | Published

788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), Fla. Stat. (1993); Fla.R.Crim.P. 3.211(a)(1)

State v. Miranda

137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240187

Cited 2 times | Published

psychologists- considered the factors articulated in section 916.12(3)(a)-(f), Florida Statutes (2011), including

Hernandez-Alberto v. State

126 So. 3d 193, 2013 WL 3334919

Supreme Court of Florida | Filed: Jul 3, 2013 | Docket: 60236341

Cited 2 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (2010); Fla. R.Crim. P. 3.211(a)(1);

Horton v. Judd

80 So. 3d 439, 2012 WL 556170, 2012 Fla. App. LEXIS 2672

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 2415622

Cited 2 times | Published

determine whether he is competent to proceed to trial. § 916.12(2). If a felony defendant is adjudged to be incompetent

Reeves v. State

987 So. 2d 103, 2008 WL 2386295

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 1390960

Cited 2 times | Published

80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. Stat. (1993); Fla. R.Crim. P. 3.211(a)(1)

Miami-Dade County v. Jones

793 So. 2d 902, 26 Fla. L. Weekly Supp. 533, 2001 Fla. LEXIS 1658, 2001 WL 950230

Supreme Court of Florida | Filed: Aug 23, 2001 | Docket: 1678068

Cited 2 times | Published

is outlined in the following provisions of section 916.12, Florida Statutes (2000). This section is the

Jones v. State

465 So. 2d 1330, 10 Fla. L. Weekly 730

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 1324235

Cited 2 times | Published

understanding of the proceedings against him." § 916.12(1), Fla. Stat. (1983); Fla.R.Crim.P. 3.210(a)(1);

Manuel v. State

162 So. 3d 1157, 2015 Fla. App. LEXIS 6001, 2015 WL 1851542

District Court of Appeal of Florida | Filed: Apr 24, 2015 | Docket: 60247389

Cited 1 times | Published

evaluations will be conducted in compliance with section 916.12, Florida Statutes (2010) and Rule 3.211, Florida

Florida Department of Corrections v. Watts

800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295

Cited 1 times | Published

involuntary hospitalization as set forth in section 916.12, Florida Statutes (1999),4 and section 394

Martinez v. State

712 So. 2d 818, 1998 WL 374715

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1471915

Cited 1 times | Published

understanding of the pending proceedings." See § 916.12(1), Fla. Stat. (1995); Fla. R.Crim. P. 3.211(a)(1)

STATE, DHRS v. Bentley

617 So. 2d 368, 1993 WL 114774

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1512496

Cited 1 times | Published

from the concerns addressed in chapter 394. See § 916.12.[3] Although it is not controlling since it was

Leo L. Boatman v. State of Florida

Supreme Court of Florida | Filed: Oct 17, 2024 | Docket: 69270921

Published

statutorily enumerated competence factors in section 916.12(3), Florida Statutes (2019). Although her findings

DEPARTMENT OF CHILDREN AND FAMILIES v. STATE OF FLORIDA AND WILLIAM ELVEY

District Court of Appeal of Florida | Filed: Feb 29, 2024 | Docket: 68297694

Published

Elvey was incompetent to proceed. As defined by section 916.12, he would be incompetent to proceed if he “does

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Supreme Court of Florida | Filed: Nov 22, 2023 | Docket: 68029139

Published

with language from the statutory changes to section 916.12(4)(b) and (c), Florida Statutes. See ch. 2023-270

Barry A. Noetzel v. State of Florida

Supreme Court of Florida | Filed: Nov 10, 2021 | Docket: 60858240

Published

that were made by the expert in this case. See § 916.12, Fla. Stat. (2020); Fla R. Crim. P. 3.211-3.212

STATE OF FLORIDA v. CHARLES MORRIS

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218379

Published

competency. See § 916.12(4), Fla. Stat. (2019); Fla. R. Crim. P. 3.212(c). Section 916.12(4) states, “If

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928486

Published

availability of treatment in different settings. See § 916.12(4), Fla. Stat. (2018); Fla. R. Crim. P. 3.211(b)(3)

Dep't of Children & Families v. Rodriguez

267 So. 3d 1087

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710113

Published

properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule

Dep't of Children & Families v. Rodriguez

267 So. 3d 1087

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710114

Published

properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and Florida Rule

CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY

268 So. 3d 890

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865434

Published

underlie a competency determination. See generally § 916.12. Florida statutes also provide

BROWARD BEHAVIORAL HEALTH COALITION, INC. v. MERTILEINE GENESTANT

260 So. 3d 293

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015488

Published

competency restoration services pursuant to section 916.12, Florida Statutes (2017). We grant the petition

DCF v. Kamaluddin

240 So. 3d 844

District Court of Appeal of Florida | Filed: Mar 5, 2018 | Docket: 6336047

Published

784.08(2)(c), Fla. Stat. (2017). 2 Section 916.12(2), Florida Statutes (2017), provides that

Robert L. Rumph v. State

217 So. 3d 1092, 2017 WL 1372097, 2017 Fla. App. LEXIS 5110

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099884

Published

402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); accord § 916.12(1), Fla. Stat. (2014); Whitfield v. State, 164

Miller v. State

194 So. 3d 545, 2016 Fla. App. LEXIS 9525, 2016 WL 3421533

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081289

Published

lengthy period of legal incompetence. See § 916.12, Fla. Stat. (2010). He was not restored to competency

Quawn M. Franklin v. State of Florida

137 So. 3d 969, 2014 WL 148578

Supreme Court of Florida | Filed: Jan 16, 2014 | Docket: 694700

Published

So.2d 761, 768 (Fla.1998)); see also § 916.12(1), Fla. Stat. (2012); Fla. R.Crim. P. 3.851(g)(8)(A)

Quawn M. Franklin v. Michael D. Crews, etc.

Supreme Court of Florida | Filed: Jan 16, 2014 | Docket: 694367

Published

State, 716 So. 2d 761, 763 (Fla. 1998)); see also § 916.12(1), Fla. Stat. (2012); Fla. R. Crim. P. 3.851(g)(8)(A)

Rodriguez v. State

112 So. 3d 618, 2013 WL 1748834, 2013 Fla. App. LEXIS 6571

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231188

Published

(1960)); Muhammad v. State, 494 So.2d 969 (Fla.1986); § 916.12(1), Fla. Stat. (2012). In 2000, Rodriguez was

Thomas v. State

93 So. 3d 404, 2012 WL 2471318, 2012 Fla. App. LEXIS 10580

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310573

Published

incompetent to proceed within the meaning of section 916.12(1), the trial court, under section 916.115(1)

Gatlin v. State

79 So. 3d 202, 2012 WL 413808, 2012 Fla. App. LEXIS 1943

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 60305259

Published

whether he or she is competent to proceed to trial. § 916.12(2). In accordance with section 916.13(1): Every

Sampson v. State

88 So. 3d 209, 2011 Fla. App. LEXIS 16152, 2011 WL 4809151

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60308193

Published

understanding of the proceedings against her or him.” § 916.12(1), Fla. Stat. (2010). Rule 3.210 also states

In Re Amendments to Rules of Juv. Procedure

952 So. 2d 517, 32 Fla. L. Weekly Supp. 99, 2007 Fla. LEXIS 434, 2007 WL 763718

Supreme Court of Florida | Filed: Mar 15, 2007 | Docket: 1703247

Published

medication in chapter 39, Florida Statutes. But see § 916.12(5), Fla. Stat. (2006) (defining "psychotropic

Douse v. Bradshaw

938 So. 2d 579, 2006 Fla. App. LEXIS 15485, 2006 WL 2683113

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64847067

Published

defendant evaluated once again for competency under section 916.12(2), the previous evaluating doctors both opined

Sally v. State

489 So. 2d 210, 1986 Fla. App. LEXIS 8154, 11 Fla. L. Weekly 1255

District Court of Appeal of Florida | Filed: Jun 3, 1986 | Docket: 64619718

Published

defendant was mentally incompetent to stand trial. See § 916.12, Fla.Stat. (1983); Fla.R.Crim.P. 3.214(c). Beyond

Gonzalez v. State

476 So. 2d 329, 1985 Fla. App. LEXIS 16324

District Court of Appeal of Florida | Filed: Oct 15, 1985 | Docket: 64614536

Published

S. 916, 101 S.Ct. 1994, 68 L.Ed.2d 308 (1981); § 916.12(2), Fla.Stat. (1980); Fla.R.Crim.P. 3.214(c)(1)

Baranko v. State

428 So. 2d 324, 1983 Fla. App. LEXIS 18905

District Court of Appeal of Florida | Filed: Mar 18, 1983 | Docket: 64595738

Published

standard of insanity to preclude sentencing. Section 916.12(1), Florida Statutes (1981), provides: A person