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Florida Statute 916.12 | Lawyer Caselaw & Research
F.S. 916.12 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 916.12

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
View Entire Chapter
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.
(c) Understand the adversarial nature of the legal process.
(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.

F.S. 916.12 on Google Scholar

F.S. 916.12 on Casetext

Amendments to 916.12


Arrestable Offenses / Crimes under Fla. Stat. 916.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.12.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. RODRIGUEZ, 267 So. 3d 1087 (Fla. App. Ct. 2019)

. . . The trial court properly ordered an evaluation pursuant to section 916.12, Florida Statutes (2018), and . . .

SCHOFIELD, v. C. JUDD,, 268 So. 3d 890 (Fla. App. Ct. 2019)

. . . See generally § 916.12. . . .

BROWARD BEHAVIORAL HEALTH COALITION, INC. v. GENESTANT,, 260 So. 3d 293 (Fla. App. Ct. 2018)

. . . ("the provider"), for competency restoration services pursuant to section 916.12, Florida Statutes (2017 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. KAMALUDDIN, 240 So. 3d 844 (Fla. App. Ct. 2018)

. . . Section 916.12(2), Florida Statutes (2017), provides that a defendant "must be evaluated by no fewer . . .

RUMPH, v. STATE, 217 So. 3d 1092 (Fla. Dist. Ct. App. 2017)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); accord § 916.12(1), Fla. . . .

MILLER, v. STATE, 194 So. 3d 545 (Fla. Dist. Ct. App. 2016)

. . . See § 916.12, Fla. Stat. (2010). He was not restored to competency until nearly four years later. . . .

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

. . . To make this determination, section 916.12(2) states that the defendant shall be evaluated by no fewer . . . Both section 916.12(2)-(4) and rule 3.211(a) state that the experts shall examine the defendant and mandate . . . the contents and findings that are necessary in the experts’ reports. § 916.12(3)-(4), Fla. . . .

E. MANUEL, v. STATE, 162 So. 3d 1157 (Fla. Dist. Ct. App. 2015)

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

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

. . . the defendant’s competency, each of the psychologists- considered the factors articulated in section 916.12 . . . (f) Testify relevantly. § 916.12(3) (relating to mentally ill defendant); § 916.3012(3) (relating to . . . P. 3.211(a)(2) (2011) (relying on materially the same factors as set forth in sections 916.12(3) and . . . “shall consider and include in his or her report any other factor deemed relevant by the expert.” § 916.12 . . . The bracketed language reflects the differences between section 916.12(4) regarding treatment for mental . . .

M. FRANKLIN, v. STATE M. v. D., 137 So. 3d 969 (Fla. 2014)

. . . State, 716 So.2d 761, 768 (Fla.1998)); see also § 916.12(1), Fla. Stat. (2012); Fla. R.Crim. . . .

HERNANDEZ- ALBERTO, v. STATE v. D., 126 So. 3d 193 (Fla. 2013)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. . . . Section 916.12(3), Florida Statutes (2010), provides that an expert examining a defendant for competence . . .

BARNES, v. STATE, 124 So. 3d 904 (Fla. 2013)

. . . .” §' 916.12(1), Fla. Stat. (2006). “As this Court succinctly stated in State v. . . . Section 916.12(1), Florida Statutes (2006), provides that a defendant is incompetent to proceed if he . . .

RODRIGUEZ, v. STATE, 112 So. 3d 618 (Fla. Dist. Ct. App. 2013)

. . . State, 494 So.2d 969 (Fla.1986); § 916.12(1), Fla. Stat. (2012). . . . State, 88 So.3d 209 (Fla. 3d DCA 2011); see also § 916.12(1), Fla. Stat. (2012); Fla. R. Crim. . . . State, 852 So.2d 330 (Fla. 2d DCA 2003); see also § 916.12(1), Fla. Stat. (2012); Fla. R. Crim. . . .

THOMAS, v. STATE, 93 So. 3d 404 (Fla. Dist. Ct. App. 2012)

. . . Thomas was incompetent to proceed within the meaning of section 916.12(1), the trial court, under section . . . Thomas was incompetent to proceed within the meaning of section 916.12(1). Ms. . . .

In S. LEPRE, Jr. S. Jr. v., 466 B.R. 727 (Bankr. W.D. Pa. 2012)

. . . These amounts exclude a bonus in the amount of $916.12 that the Debtor received on December 15, 2010. . . .

R. HORTON, v. JUDD,, 80 So. 3d 439 (Fla. Dist. Ct. App. 2012)

. . . . § 916.12(2). . . .

GATLIN, v. STATE, 79 So. 3d 202 (Fla. Dist. Ct. App. 2012)

. . . . § 916.12(2). . . .

SAMPSON, v. STATE, 88 So. 3d 209 (Fla. Dist. Ct. App. 2011)

. . . .” § 916.12(1), Fla. Stat. (2010). . . .

McCRAY, II, v. STATE, 71 So. 3d 848 (Fla. 2011)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); § 916.12(1), Fla. . . .

CARABALLO, v. STATE, 39 So. 3d 1234 (Fla. 2010)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. . . . These procedures have also been codified in section 916.12, Florida Statutes (2006). . . .

REEVES, v. STATE, 987 So. 2d 103 (Fla. Dist. Ct. App. 2008)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. . . .

In COMMITMENT OF REILLY. K. v., 970 So. 2d 453 (Fla. Dist. Ct. App. 2007)

. . . This stipulation was entered pursuant to section 916.12(2), Florida Statutes (2006), which permits the . . . While we recognize that section 916.12(2) permits the trial court to adjudicate a defendant incompetent . . . the stipulation of the parties to one mental health expert’s findings, we do not believe that section 916.12 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 952 So. 2d 517 (Fla. 2007)

. . . But see § 916.12(5), Fla. . . .

DOUSE, Jr. v. L. BRADSHAW,, 938 So. 2d 579 (Fla. Dist. Ct. App. 2006)

. . . While it may be advisable to have defendant evaluated once again for competency under section 916.12( . . .

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

. . . While it may be advisable to have defendant evaluated once again for competency under section 916.12( . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. CLEM,, 903 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . See §§ 916.115, 916.12, & 916.13, Fla. Stat. (2003). . . . See § 916.12(4), Fla. Stat. (2003). . . . Section 916.12(4) provides: (4) If the experts should find that the defendant is incompetent to proceed . . . Bortnick’s report did not specifically address the criteria set forth in section 916.12(4). Dr. . . . Bort-nick’s report should have addressed the criteria set forth in section 916.12(4) in more detail, . . .

ALSTON, v. STATE, 894 So. 2d 46 (Fla. 2004)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. . . .

HERNANDEZ- ALBERTO, v. STATE, 889 So. 2d 721 (Fla. 2004)

. . . United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. . . .

HARRIS, v. STATE, 864 So. 2d 1252 (Fla. Dist. Ct. App. 2004)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), . . .

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

. . . 916.106(12) and 916.302, Florida Statutes (2001), or mental illness pursuant to sections 916.106(11) and 916.12 . . .

MORA, v. STATE, 814 So. 2d 322 (Fla. 2002)

. . . United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. . . .

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

. . . court found that Watts satisfied the criteria for involuntary hospitalization as set forth in section 916.12 . . . To be found mentally incompetent, the defendant must satisfy the criteria set forth in section 916.12 . . .

HERTZ, v. STATE, 803 So. 2d 629 (Fla. 2001)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla.Stat . . .

EVANS, v. STATE, 800 So. 2d 182 (Fla. 2001)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), . . .

MIAMI- DADE COUNTY, v. JONES,, 793 So. 2d 902 (Fla. 2001)

. . . The nature and scope of the competency evaluation is outlined in the following provisions of section 916.12 . . . Compare § 916.12(2), Fla. Stat. (2000), with Fla. R.Crim. P. 3.851(d)(8)(A). . . . Compare § 916.12(3), Fla. Stat. (2000), with Fla. R.Crim. P. 3.851(d)(8)(B). . . . Compare § 916.12(4), Fla. Stat. (2000), with Fla. R.Crim. P. 3.851(d)(9). . . . that the County, which is clearly responsible for competency evaluations conducted pursuant to section 916.12 . . .

FERGUSON, v. STATE, 789 So. 2d 306 (Fla. 2001)

. . . competency to understand and assist counsel in his postconviction proceedings under sections 916.11 and 916.12 . . .

BRYANT, v. STATE, 785 So. 2d 422 (Fla. 2001)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also § 916.12(1), Fla. . . .

CASTRO, v. STATE, 744 So. 2d 986 (Fla. 1999)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. . . .

MARTINEZ, v. STATE, 712 So. 2d 818 (Fla. Dist. Ct. App. 1998)

. . . See § 916.12(1), Fla. Stat. (1995); Fla. R.Crim. P. 3.211(a)(1). . . .

HARDY, v. STATE, 716 So. 2d 761 (Fla. 1998)

. . . United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see also § 916.12(1), Fla. . . .

CARTER, v. STATE, 706 So. 2d 873 (Fla. 1997)

. . . State, 388 So.2d 1022 (Fla.1980); § 916.12, Fla. Stat. (1995). . . .

HUNTER, v. STATE, 660 So. 2d 244 (Fla. 1995)

. . . United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825 (1960); see also § 916.12(1), . . .

OZBOURN, v. STATE, 651 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . Insofar as the order that has been appealed was entered under section 916.12(1), Florida Statutes (1991 . . . or if [s]he has no rational, as well as factual, understanding of the proceedings against h[er]. § 916.12 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. E. BENTLEY,, 617 So. 2d 368 (Fla. Dist. Ct. App. 1993)

. . . We see no good reason, and HRS has provided us none, to treat a defendant committed under 916.12 (as . . . See § 916.12. . . . Section 916.12(1) provides: (1) A person is incompetent to stand trial within the meaning of this chapter . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . . § 916.12] is a companion statute relating to mental competence to stand trial. 1988 Amendment. . . . Committee Notes 1980 Adoption, (c) As to psychotropic medications, see section 925,22(b)916.12(2), Florida . . . St,1980, Supp. § 916.12(b) ]. . . .

MARTIN, v. L. DUGGER,, 686 F. Supp. 1523 (S.D. Fla. 1988)

. . . . § 916.11-916.12 (West 1985 and Supplement 1986) (competency to stand trial); Fla.Stat.Ann. § 394.467 . . . StatAnn. §§ 916.11-916.12, an evidentiary hearing is required to determine the competency of a defendant . . .

PERICOLA, III, v. STATE, 499 So. 2d 864 (Fla. Dist. Ct. App. 1986)

. . . Section 916.12(1), Florida Statutes (1985); Rule 3.211(a), Fla.R. Crim.P. . . .

MUHAMMAD, v. STATE, 494 So. 2d 969 (Fla. 1986)

. . . . § 916.12(1), Fla.Stat.(1981). . . . understanding [and had a] rational, as well as factual, understanding of the proceedings against him.” § 916.12 . . .

FORD v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, 477 U.S. 399 (U.S. 1986)

. . . . §§916.11-916.12 (1986 and Supp. 1986), or in the comprehensive safeguards that Florida ensures to those . . .

SALLY, v. STATE, 489 So. 2d 210 (Fla. Dist. Ct. App. 1986)

. . . See § 916.12, Fla.Stat. (1983); Fla.R.Crim.P. 3.214(c). . . .

GONZALEZ, v. STATE, 476 So. 2d 329 (Fla. Dist. Ct. App. 1985)

. . . State, 390 So.2d 332 (Fla.1980), cert. denied, 451 U.S. 916, 101 S.Ct. 1994, 68 L.Ed.2d 308 (1981); § 916.12 . . .

JONES, v. STATE, 465 So. 2d 1330 (Fla. Dist. Ct. App. 1985)

. . . .” § 916.12(1), Fla.Stat. (1983); Fla.R.Crim.P. 3.210(a)(1); see Dusky v. . . .

JACKSON, v. STATE JACKSON, v. L. WAINWRIGHT, JACKSON, v. STATE, 452 So. 2d 533 (Fla. 1984)

. . . Appellant relies on section 916.11 and 916.12, Florida Statutes (1983), and Rule 3.210, Florida Rules . . .

J. BARANKO, v. STATE, 428 So. 2d 324 (Fla. Dist. Ct. App. 1983)

. . . Section 916.12(1), Florida Statutes (1981), provides: A person is incompetent to stand trial ... if he . . .

v., 454 U.S. 1004 (U.S. 1981)

. . . . §916.12(2) (Supp. 1980)). . . .

UNITED STATES v. PENT- R- BOOKS, INC., 538 F.2d 519 (2d Cir. 1976)

. . . . § 916.12. . See Id. at § 916.3. . . . .