The 2023 Florida Statutes (including Special Session C)
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. . . Pursuant to section 916.13, Florida Statutes (2001) and Florida Rule of Criminal Procedure 3.212(c), . . .
. . . Rodriguez incompetent to proceed to trial and committing him to the Department's care pursuant to section 916.13 . . . The trial court erred in involuntarily committing Rodriguez under section 916.13(1) because requirements . . . treatment and the defendant will regain competency to proceed in the reasonably foreseeable future." § 916.13 . . . opined that Rodriguez was not likely restorable to competency, he could not be committed under section 916.13 . . . Judd , 940 So.2d 1271, 1274 (Fla. 2d DCA 2006) ) (quashing order of continued commitment under section 916.13 . . .
. . . Pursuant to section 916.13(1), Florida Statutes (2015), he was committed to the Department of Children . . . whose competence is non-restorable no longer meet the criteria for commitment pursuant to [ section 916.13 . . . See § 916.13. . . . Clearly, then, Oren's involuntary commitment was not authorized by section 916.13(1). .... . . . Therefore, she no longer met the criteria for involuntary commitment under section 916.13(1)(c). . . .
. . . See § 916.13, Fla. Stat. (2018). The State properly concedes error. . . .
. . . due to mental illness and found that Tanner met the criteria of involuntary commitment under section 916.13 . . . Section 916.13 authorizes the involuntary commitment of defendants who are incompetent to proceed if . . . illness that renders him substantially likely to cause serious bodily harm to himself or others. § 916.13 . . . presented below to show that a mental illness caused Tanner to pose the danger to himself, section 916.13 . . . While Tanner's commitment under section 916.13 was not authorized, he may still qualify for commitment . . .
. . . See § 916.13(1), Fla. Stat. (2017). . . .
. . . The Legislature enacted the relevant statutory language in 1983 in section 916.13(3). . . . At the time, the Legislature enacted the above language in section 916.13(3), trial courts had been authorized . . .
. . . reasonably foreseeable future, as required for involuntary commitment under Florida Statutes section 916.13 . . . The department also pointed the trial court to the involuntary commitment statute, section 916.13(1), . . . Therefore, Gilliland no longer meets the criteria for commitment to the Department under section 916.13 . . . (1)(c), Florida Statutes. § 916.13(1)(c), Fla. . . . Because there was no evidence presented below to support Ewell's commitment pursuant to section 916.13 . . .
. . . conditions for defendants who are incompetent but do not qualify for involuntary commitment under section 916.13 . . . its motion, determining that because Spuhler did not meet the criteria for commitment under section 916.13 . . . under rule 3.212(d)" when releasing a defendant who was ineligible for further commitment under section 916.13 . . .
. . . The trial court found that Sanders should be committed under section 916.13(1)(a)1., Florida Statutes . . . , section 394.467(1)(a)2.a., the language and requirements of which are nearly identical to section 916.13 . . .
. . . certiorari review of a trial court order committing Wazim Kamaluddin to its custody pursuant to section 916.13 . . . Section 916.13, Florida Statutes, provides: (1) Every defendant who is charged with a felony and who . . . treatment and the defendant will regain competency to proceed in the reasonably foreseeable future. § 916.13 . . . previously been adjudicated incompetent to proceed to trial, back to custody of DCF violated section 916.13 . . .
. . . We reasoned that because he “did not qualify for involuntary commitment under section 916.13,” he was . . . contends that because rule 3.212 is procedural, it does not control over the explicit language of section 916.13 . . . treatment and the defendant will regain competency to proceed in the reasonably foreseeable future.” § 916.13 . . . 124 So.3d 430, 432-33 (Fla. 2d DCA 2013) (“A court that commits a defendant in violation of [section 916.13 . . .
. . . conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 . . .
. . . Petitioner did not qualify for involuntary commitment under section 916.13 and therefore was not eligible . . .
. . . turn led to an order of involuntary commitment to the Department for treatment pursuant to section 916.13 . . . This determination meant C.Z. could no longer be held under section 916.13. See Oren v. . . . As of the time of the hearing in this case, C.Z. could no longer be held under section 916.13, and he . . . As we have noted already, C.Z. has been found to be non-restorable under section 916.13, and section . . . The Second District Court of Appeal quashed the order of the circuit court, stating: [S]ection 916.13 . . .
. . . and further that Defendant met the criteria for involuntary placement with DCF pursuant to section 916.13 . . . Under section 916.13, Florida Statutes (2014), the defendant may be committed upon finding by clear and . . . treatment and the defendant will regain competency to proceed in. the reasonably foreseeable future. ■ § 916.13 . . . Under section 916.13, the findings necessary for commitment must be based on experts’ opinions because . . . where a defendant has been properly committed, [DCF] would have an available remedy provided by section 916.13 . . .
. . . Additionally, had the parties and the court proceeded under section 916.302 instead of section 916.13 . . .
. . . commitment to a treatment facility of the Department of Children and Families as provided in section 916.13 . . . However, section 916.13 sets the criteria that must be established before the trial court has the authority . . . commitment to a treatment facility of the Department of Children and Families as provided in [section] 916.13 . . . Carmona does not meet the statutory requirements for involuntary commitment as prescribed in section 916.13 . . .
. . . A “forensic client” includes one who has been committed to DCF custody under section 916.13(1). § 916.106 . . . conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 . . .
. . . issued an order finding Huggins incompetent to proceed and committed him to DCF pursuant to section 916.13 . . .
. . . See § 916.13(l)(a) (providing for involuntary commitment based on clear and convincing evidence that . . . training] and the defendant will regain competency to proceed in the reasonably foreseeable future. § 916.13 . . . comes from section 916.302 and shows the only differences between the relevant portions of sections 916.13 . . . Section 916.13 discusses "mental illness” and "treatment,” while section 916.302 utilizes the terms " . . . refusal poses a real and present threat of substantial harm to the defendant’s well-being[J Section 916.13 . . .
. . . Stat. (2012); § 916.13(l)(a), Fla. Stat. (2012). . . .
. . . Department because his involuntary pretrial commitment is not authorized under the provisions of section 916.13 . . . committed him to the Department “to be placed in a mental health treatment facility, pursuant to § 916.13 . . . of cer-tiorari to quash the portion of the order committing Barnett to its care and custody- Section 916.13 . . . the criteria for involuntary commitment to the department under the provisions of this chapter.” § 916.13 . . . treatment and the defendant will regain competency to proceed in the reasonably foreseeable future.” § 916.13 . . .
. . . Moreover, persons committed under section 916.13 are committed to the Department of Children and Famihes . . .
. . . THE PERTINENT STATUTE Section 916.13 addresses .the question of the involuntary commitment to DCF of . . . Thomas met the criteria for involuntary commitment under subsections 916.13(1)(a)(1) and (2). . . . With regard to the criteria in subsections 916.13(1)(a)(1) and (2), Dr. Matthews reported that Ms. . . . Under subsection 916.13(1)(a)(2), the trial court found that there was a substantial likelihood that . . . Thomas meets the requirements for involuntary commitment under section 916.13(1), the trial court shall . . .
. . . Section 916.13(1), Florida Statutes (2011), authorizes a court to order what may be characterized as . . . Section 916.13(1), entitled “Involuntary commitment of defendant adjudicated incompetent,” provides: . . . evaluation by tracking verbatim the criteria contained in subsections (a), (b), and (c) of section 916.13 . . . (1), the order contained some specificity which appeared relevant to section 916.13(l)(a)2.’s criteria . . . that an order requiring a defendant to submit to an involuntary commitment evaluation under section 916.13 . . .
. . . The circuit court order under review involuntarily committed Davis to DCF pursuant to section 916.13( . . . See § 916.13(l)(a), (b), Fla. . . . Jenne, 837 So.2d 554, 558 (Fla. 4th DCA 2003) (finding that section 916.13, Florida Statutes, authorizes . . .
. . . Ramos does not suffer from a mental illness, he does not meet the criteria for commitment under section 916.13 . . . involuntary placement with the Department of Children and [Family Services] as provided in [section] 916.13 . . . Section 916.13 is titled “Involuntary commitment of defendant adjudicated incompetent” and provides as . . . In order to meet the involuntary placement criteria of section 916.13(1), the trial court would have . . . Ramos satisfied the criteria for involuntary placement that is set out by the plain language of section 916.13 . . .
. . . illegally detained because he does not meet the criteria for involuntary commitment as outlined in section 916.13 . . . If a felony defendant is adjudged to be incompetent, section 916.13(1) sets forth the conditions that . . . treatment and the defendant will regain competency to proceed in the reasonably foreseeable future.” § 916.13 . . . Accordingly, Horton’s commitment was not authorized by section 916.13(1). . . .
. . . for commitment to a treatment facility of the Department of Children and Families as provided in F.S. 916.13 . . . proceed was the result of organic brain damage, not mental illness, and by its express language, section 916.13 . . .
. . . See § 916.13(l)(b), Fla. Stat. (2011). . . . In accordance with section 916.13(1): Every defendant who is charged with a felony and who is adjudicated . . . Gatlin is incompetent to proceed but his involuntary commitment to DCF was not authorized under section 916.13 . . . The trial court made various findings in accordance with section 916.13(l)(a) that are not supported . . .
. . . ” or “client” means any defendant who has been committed to the department or agency pursuant to s. 916.13 . . . Section 916.13 permits a court to involuntarily commit a defendant charged with a felony who is found . . . Section 916.13(2) states: A defendant who has been charged with a felony and who has been adjudicated . . . DCF is responsible for the treatment of “forensic clients” that have been committed under section 916.13 . . . Amaya does not qualify for commitment to DCF under section 916.13, 916.15, or 916.302; he is, therefore . . .
. . . which alleged that his involuntary commitment to restore competency to proceed, pursuant to section 916.13 . . . , he claimed that his latest commitment was illegal because the court failed to comply with section 916.13 . . . In order to commit a defendant pursuant to section 916.13(l)(c), the court must find, among other things . . . Absent such evidence or findings, Abreu cannot continue to be detained pursuant to section 916.13. . . . See § 916.13, Fla. Stat. (2008). . . .
. . . appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 . . .
. . . court to the extent it commits the respondent to the Department of Children and Families under section 916.13 . . .
. . . retardation, he was declared incompetent to stand trial and involuntarily committed pursuant to section 916.13 . . . See § 916.13, Fla. Stat. (1993). . . .
. . . Section 916.13(l)(c), Florida Statutes (2006), requires that before a defendant is committed to the Department . . . Because there was no evidence presented below to support Ewell’s commitment pursuant to section 916.13 . . .
. . . Therefore, Gilliland no longer meets the criteria for commitment to the Department under section 916.13 . . . (l)(c), Florida Statutes. § 916.13(l)(c), Fla. . . . incompetent to proceed to trial, respondent’s commitment to the Department was improper under section 916.13 . . .
. . . involuntarily committing Alvarado to the Department for mental health treatment pursuant to section 916.13 . . .
. . . made at the hearing that Defendant met the criteria for involuntary commitment specified in section 916.13 . . . found that Defendant met the criteria for commitment to a treatment facility as provided in section 916.13 . . . his commitment is that no evidence supported a finding that he met the criteria set forth in section 916.13 . . . P. 3.212(c)(3)(A) — that is, the criteria of section 916.13(1), Florida Statutes. . . . P. 3.212(c)(4)(B). .Section 916.13(l)(a), Florida Statutes (2006), provides as follows: (a) The defendant . . .
. . . seeking review of a trial court order committing Wehrwein to the custody of DCF pursuant to section 916.13 . . . The trial court’s order violates section 916.13(1). . . . See § 916.13(2), Fla. Stat. . . .
. . . the criteria for involuntary commitment for treatment to restore competency as set forth in section 916.13 . . . Section 916.13(1) states: (1) Every defendant who is charged with a felony and who is adjudicated incompetent . . . Clearly, then, Oren’s involuntary commitment was not authorized by section 916.13(1). In Mosher v. . . . Therefore, she no longer met the criteria for involuntary commitment under section 916.13(l)(c). . . .
. . . the prerequisites for involuntary commitment of a defendant adjudicated to be incompetent, section 916.13 . . . state correctly concedes, this finding precludes petitioner’s involuntary commitment under section 916.13 . . .
. . . See § 916.13(2), Fla. Stat. (2005); Quiala v. State, 659 So.2d 287 (Fla. 3d DCA 1994). . . .
. . . See §§ 916.115, 916.12, & 916.13, Fla. Stat. (2003). . . . evidence that Clem could be treated by DCF in order to restore his competency for purposes of section 916.13 . . . However, DCF overlooks another provision of the statute, section 916.13(2), which states: (2) A defendant . . . shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure. § 916.13 . . . the criteria set forth in section 916.12(4) in more detail, the fact remains that in light of section 916.13 . . .
. . . the criteria for competence contained in both Florida Rule of Criminal Procedure 3.211 and section 916.13 . . .
. . . Moreover, section 916.13, Florida Statutes (1996), required that “if criminal charges are subsequently . . . the same due process requirements as set out in s. 393.11 for an initial involuntary admission.” § 916.13 . . .
. . . P. 3.212(c); § 916.13, Fla. Stat. (2002). . . . motion alleged that Mosher did not meet the criteria for involuntary commitment required by section 916.13 . . . foreseeable future, she no longer meets the criteria for involuntary commitment required by section 916.13 . . .
. . . We reject the sheriffs argument that section 916.13 authorizes Graham’s commitment because this statute . . . (l)(a), and those who are deemed incompetent to proceed for some other reason under section 916.13(l) . . . absence of the word “and” before subsection (b) does nothing to change the plain meaning of section 916.13 . . . The drafter’s use of a semicolon at the end of section 916.13(l)(a)2. does not signify a complete break . . . ) is the last component of the list of requirements for involuntary commitment contained in section 916.13 . . .
. . . Section 916.13(2) also speaks of the department’s responsibility. . . .
. . . That court adjudicated him incompetent to proceed and involuntarily committed him under section 916.13 . . .
. . . Additionally, the Department cited section 916.13(l)(b), Florida Statutes (2000), which authorizes commitment . . .
. . . makes a finding that the defendant currently meets the statutory commitment criteria found in section 916.13 . . .
. . . Neither Rule 3.212(c) nor section 916.13, Florida Statutes (1997), give the trial court the authority . . .
. . . finding Patton incompetent to proceed and committing Patton to the custody of HRS, pursuant to section 916.13 . . . MacNeil argued he had been improperly involuntarily committed pursuant to section 916.13. . . . Because the trial court failed to comply with the requirements of section 916.13(1) and rule 3.211, the . . . As he notes, the criteria for involuntary commitment of a criminal defendant are found in section 916.13 . . . Section 916.13(1) provides that a defendant adjudicated incompetent to stand trial may be involuntarily . . .
. . . In 1993, the trial court continued defendant’s involuntary hospitalization pursuant to section 916.13 . . .
. . . . § 916.13(1), Fla. Stat. (1995). . . . circuit courts committed the defendants to the Department of Health and Rehabilitative Services [HRS]. § 916.13 . . .
. . . Thus, the State points out that section 916.13(1), Florida Statutes (1995), specifies that “every person . . . The fallacy in the State’s argument is that section 916.13(1) also specifies that these findings are . . . Section 916.13(1) reads in pertinent part: (1) CRITERIA. — Every person adjudicated incompetent to stand . . .
. . . illness, to proceed in the criminal case filed against her; and committing her, pursuant to section 916.13 . . .
. . . Section 916.13, Florida Statutes complements this rule and provides for the hospitalization of defendants . . . provision, including all its subdivisions, is designed to reflect the commitment criteria in section 916.13 . . . when a defendant may be committed and refers to commitment criteria under the provisions of section 916.13 . . .
. . . However, the court also declined to order HRS to provide T.L.’s treatment, noting that section 916.13 . . . The issue was whether section 916.13, pertaining to the involuntary commitment of mentally ill defendants . . .
. . . committed to the Department for placement in a mental health treatment facility ' pursuant to section 916.13 . . .
. . . that the trial court’s findings and the underlying evidence do not fulfill the criteria of section 916.13 . . .
. . . Section 916.13 speaks exclusively in terms of “defendants,” “standing trial,” “sentencing,” “criminal . . . Nothing in the statute suggests the legislature intended to make section 916.13 applicable to delinquency . . . The reason the court sought to apply section 916.13 is that the only procedure that is expressly designed . . . Because of the words chosen by the legislature in drafting section 916.13, we agree with HRS that it . . . HRS acknowledges that § 916.13 is applicable to juveniles tried as adults. . . . .
. . . Moot The order on appeal also ordered appellant’s involuntary commitment and confinement under section 916.13 . . . appeal poses the question whether an appeal from an involuntary criminal commitment order under section 916.13 . . . notwithstanding, the evidence did not clearly and convincingly show that she met the criteria set out in section 916.13 . . . inflicted serious bodily harm on h[er]self or another person, as evidenced by recent behavior....” § 916.13 . . .
. . . conceded the ap-pellee did not meet the criteria for commitment for treatment set forth in section 916.13 . . .
. . . Pursuant to section 916.13(2)(a), Florida Statutes (1987), and Florida Rule of Criminal Procedure 3.212 . . .
. . . Section 925,23916.13, Florida Statutes (Supp,1980) — [designated—as—Fla.St,1980, Supp, § 916.13] complements . . . (c) This new provision, including all its fleet the commitment criteria in Ssection 916.13(1), Florida . . . and refers to commitment criteria under the provisions of Ssection 916.13(1), Florida Statutes. (4) This . . .
. . . Where the circuit court commits a criminal defendant to involuntary hospitalization pursuant to section 916.13 . . .
. . . He argues that he has been improperly involuntarily committed pursuant to section 916.13, Florida Statutes . . . from respondent) that the trial court failed to comply with the requirements of rule 3.211 and section 916.13 . . . Section 916.13(l)(b) requires the court to consider less restrictive treatment alternatives. . . .
. . . provision, including all its subsections, is designed to reflect the commitment criteria in Section 916.13 . . . when a defendant may be committed, and refers to commitment criteria under the provisions of Section 916.13 . . . makes a finding that the defendant currently meets the statutory commitment criteria found in Section 916.13 . . .
. . . The trial court thereupon entered an order of commitment pursuant to Section 916.13, Florida Statutes . . .
. . . Blackshear to the custody of the Department of Health and Rehabilitative Services (HRS), pursuant to Section 916.13 . . .
. . . See § 916.13, Fla.Stat. (Supp.1980); Fla.R.Crim.P. 3.212(b). . . .
. . . . § 916.13(2). . . .
. . . declaring defendant incompetent and committing him for involuntary hospitalization pursuant to Section 916.13 . . . This is made quite explicit by the provisions of Section 916.13, Florida Statutes, under which defendant . . . The predecessor to Section 916.13, Florida Statutes, was Section 925.10(2), Florida Statutes (1979), . . .
. . . These provisions of the Florida Rules of Criminal Procedure track the statutory language of Section 916.13 . . .
. . . $2, 751.34 1920 addition_ 2,377.00 1/17 139.82 1921 “ _ 849.25 1/34 24.97 2,916.13 $15, 674. 86 2, 916.13 . . .