Florida Statute 916.13 - 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

View Entire Chapter

F.S. 916.13

916.13 Involuntary commitment of defendant adjudicated incompetent.—

(1) Every defendant who is charged with a felony and who is adjudicated incompetent to proceed may be involuntarily committed for treatment upon a finding by the court of clear and convincing evidence that:

(a) The defendant has a mental illness and because of the mental illness:

1. The defendant is manifestly incapable of surviving alone or with the help of willing and responsible family or friends, including available alternative services, and, without treatment, the defendant is likely to suffer from neglect or refuse to care for herself or himself and such neglect or refusal poses a real and present threat of substantial harm to the defendant’s well-being; or

2. There is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on herself or himself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm;

(b) All available, less restrictive treatment alternatives, including treatment in community residential facilities, community inpatient or outpatient settings, and any other mental health services, treatment services, rehabilitative services, support services, and case management services as described in s. 394.67, which would offer an opportunity for improvement of the defendant’s condition have been judged to be inappropriate; and

(c) There is a substantial probability that the mental illness causing the defendant’s incompetence will respond to treatment and the defendant will regain competency to proceed in the reasonably foreseeable future.

Before issuing a commitment order, the court shall review the examining expert’s report to ensure alternative treatment options have been fully considered and found insufficient to meet the needs of the defendant.

(2) A defendant who has been charged with a felony and who has been adjudicated incompetent to proceed due to mental illness, and who meets the criteria for involuntary commitment under this chapter, may be committed to the department, and the department shall retain and treat the defendant.

(a) Immediately after receipt of a completed copy of the court commitment order containing all documentation required by the applicable Florida Rules of Criminal Procedure, the department shall request all medical information relating to the defendant from the jail. The jail shall provide the department with all medical information relating to the defendant within 3 business days after receipt of the department’s request or at the time the defendant enters the physical custody of the department, whichever is earlier.

(b) Within 60 days after the date of admission and at the end of any period of extended commitment, or at any time the administrator or his or her designee determines that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

(c)1. If the department determines at any time that a defendant will not or is unlikely to regain competency to proceed, the department shall, within 30 days after the determination, complete and submit a competency evaluation report to the circuit court to determine if the defendant meets the criteria for involuntary civil commitment under s. 394.467. A qualified professional, as defined in s. 394.455, must sign the competency evaluation report for the circuit court under penalty of perjury. A copy of the report shall be provided, at a minimum, to the court, state attorney, and counsel for the defendant before initiating any transfer of the defendant back to the committing jurisdiction.

2. For purposes of this paragraph, the term “competency evaluation report to the circuit court” means a report by the department regarding a defendant’s incompetence to proceed in a criminal proceeding due to mental illness as set forth in this section. The report shall include, at a minimum, the following regarding the defendant:

a. A description of mental, emotional, and behavioral disturbances.

b. An explanation to support the opinion of incompetence to proceed.

c. The rationale to support why the defendant is unlikely to gain competence to proceed in the foreseeable future.

d. A clinical opinion regarding whether the defendant no longer meets the criteria for involuntary forensic commitment pursuant to this section.

e. A recommendation on whether the defendant meets the criteria for involuntary services pursuant to s. 394.467.

(d) The defendant must be transported, in accordance with s. 916.107, to the committing court’s jurisdiction within 7 days after notification that the defendant is competent to proceed or no longer meets the criteria for continued commitment. A determination on the issue of competency must be made at a hearing within 30 days of the notification. If the defendant is receiving psychotropic medication at a mental health facility at the time he or she is discharged and transferred to the jail, the administering of such medication must continue unless the jail physician documents the need to change or discontinue it. To ensure continuity of care, the referring mental health facility must transfer the patient with up to 30 days of medications and assist in discharge planning with medical teams at the receiving county jail. The jail and department physicians shall collaborate to ensure that medication changes do not adversely affect the defendant’s mental health status or his or her ability to continue with court proceedings; however, the final authority regarding the administering of medication to an inmate in jail rests with the jail physician. Notwithstanding this paragraph, a defendant who meets the criteria for involuntary examination pursuant to s. 394.463 as determined by an independent clinical opinion shall appear remotely for the hearing. Court witnesses may appear remotely.

History.—s. 1, ch. 80-75; s. 6, ch. 83-274; s. 35, ch. 85-167; s. 1530, ch. 90-102; s. 16, ch. 98-92; s. 12, ch. 2006-195; s. 2, ch. 2016-135; s. 13, ch. 2020-39; s. 4, ch. 2023-270; s. 46, ch. 2024-245.

F.S. 916.13 on Google Scholar

F.S. 916.13 on CourtListener

Amendments to 916.13

Annotations, Discussions, Cases:

Cases Citing Statute 916.13

Total Results: 90

In Re Amendments to Florida Rules of Criminal Procedure

536 So. 2d 992, 1988 WL 143602

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 2517246

Cited 27 times | Published

designed to reflect the commitment criteria in Section 916.13(1), Florida Statutes, and to reflect that commitment

Amends. to Fl. Rules of Crim. Proc.

685 So. 2d 1253

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1735082

Cited 22 times | Published

section 394.467(1), Florida Statutes (1979). Section 916.13, Florida Statutes complements this rule and

Mosher v. State

876 So. 2d 1230, 2004 WL 1263716

District Court of Appeal of Florida | Filed: Jun 10, 2004 | Docket: 1245462

Cited 14 times | Published

State Hospital. See Fla. R.Crim. P. 3.212(c); § 916.13, Fla. Stat. (2002). The second six-month report

Floyd Price v. Louie L. Wainwright and Jim Smith

759 F.2d 1549, 1985 U.S. App. LEXIS 29571

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1985 | Docket: 1029001

Cited 14 times | Published

set forth in the court order. Fla.Stat.Ann. § 916.13(2). The statutory language clearly indicates that

In Re Commitment of Branch

890 So. 2d 322, 2004 WL 3024205

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1290731

Cited 13 times | Published

Florida Rule of Criminal Procedure 3.211 and section 916.13(1)(a), Florida Statutes (2001), presumably

Thompson v. Crawford

479 So. 2d 169, 10 Fla. L. Weekly 2597

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1514375

Cited 12 times | Published

Thompson should be involuntarily committed. See § 916.13, Fla. Stat. (Supp. 1980); Fla.R.Crim.P. 3.212(b)

Oren v. Judd

940 So. 2d 1271, 2006 WL 3206653

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 432718

Cited 10 times | Published

treatment to restore competency as set forth in section 916.13, Florida Statutes (2005), and Florida Rule

Abreu-Gutierrez v. James

1 So. 3d 262, 2009 Fla. App. LEXIS 41, 2009 WL 18712

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1653516

Cited 9 times | Published

restore competency to proceed, pursuant to section 916.13, Florida Statutes (2008), was illegal. Because

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. § 916.13] complements this rule and provides for the hospitalization

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

involuntary placement with DCF pursuant to section 916.13(1), Florida Statutes (2014). In an amended

Department of Children & Family Services v. Amaya

10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642315

Cited 7 times | Published

s. 916.15, or s. 916.302. (emphasis added). Section 916.13 permits a court to involuntarily commit a defendant

Department of Children and Families v. Gilliland

947 So. 2d 1262, 2007 WL 283073

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 2582858

Cited 7 times | Published

commitment to the Department under section 916.13(1)(c), Florida Statutes. § 916.13(1)(c), Fla. Stat. (2006) ("Every

STATE, DEPT. OF CHILDREN v. Morrison

727 So. 2d 404, 1999 WL 124082

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1730043

Cited 6 times | Published

by the Department. Neither Rule 3.212(c) nor section 916.13, Florida Statutes (1997), give the trial court

Patton v. State

712 So. 2d 1206, 1998 WL 323491

District Court of Appeal of Florida | Filed: Jun 22, 1998 | Docket: 1471929

Cited 6 times | Published

committing Patton to the custody of HRS, pursuant to section 916.13, Florida Statutes. As this court has recognized:

DCF v. Wehrwein

942 So. 2d 947, 2006 WL 3327724

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1471509

Cited 5 times | Published

Wehrwein to the custody of DCF pursuant to section 916.13(1), Florida Statutes (2005). We find the trial

Graham v. Jenne

837 So. 2d 554, 2003 WL 289263

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 537830

Cited 5 times | Published

II or Part III of Chapter 916. In Part II, section 916.13 authorizes a court to involuntarily commit

Facyson v. Jenne

821 So. 2d 1169, 2002 WL 1586980

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 1236200

Cited 5 times | Published

cannot be treated in a less restrictive setting. Section 916.13(2) also speaks of the department's responsibility

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

involuntary commitment and confinement under section 916.13, Florida Statutes (1991), however. The commitment

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

order to restore his competency for purposes of section 916.13(1). DCF points out that none of the three experts

Blackshear v. State

480 So. 2d 207, 11 Fla. L. Weekly 37

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1667289

Cited 4 times | Published

Rehabilitative Services (HRS), pursuant to Section 916.13, Florida Statutes (1983), and Florida Rule

Miller v. Carson

524 F. Supp. 1174

District Court, M.D. Florida | Filed: Oct 28, 1981 | Docket: 901897

Cited 4 times | Published

Criminal Procedure track the statutory language of Section 916.13(1), Florida Statutes (1980 Supp.). It is apparent

Department of Children & Family Services v. State

124 So. 3d 430, 2013 Fla. App. LEXIS 17368, 2013 WL 5857465

District Court of Appeal of Florida | Filed: Nov 1, 2013 | Docket: 60235504

Cited 3 times | Published

commitment is not authorized under the provisions of section 916.13, Florida Statutes (2012). Therefore, we grant

Dept. of Health & Rehab. Serv. v. St.

655 So. 2d 227

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1326874

Cited 3 times | Published

such orders was to test the application of section 916.13, Florida Statutes (1993) ("Mentally Deficient

Johnson v. State

440 So. 2d 464

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1028927

Cited 3 times | Published

for involuntary hospitalization pursuant to Section 916.13, Florida Statutes. Approximately four months

McCray v. State

230 So. 3d 495

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 60294207

Cited 2 times | Published

not qualify for involuntary commitment under section 916.13,” he was ineligible “for placement on conditional

John Steven Huggins v. State of Florida

161 So. 3d 335, 2014 WL 5026425

Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437944

Cited 2 times | Published

proceed and committed him to DCF pursuant to section 916.13(1), Florida Statutes (2006). The court

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

to as intellectual disability), or autism. See § 916.13(l)(a) (providing for involuntary commitment based

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

criteria for involuntary commitment as outlined in section 916.13(1), Florida Statutes (2011). We previously

Andrews v. Johnson

941 So. 2d 494, 2006 WL 3196516

District Court of Appeal of Florida | Filed: Nov 7, 2006 | Docket: 54954

Cited 2 times | Published

a defendant adjudicated to be incompetent, section 916.13(1)(c), Florida *495 Statutes (2006), requires

State v. Everette

911 So. 2d 119, 2004 WL 2389922

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1751717

Cited 2 times | Published

adjudication. § 916.145, Fla. Stat. (1996). Moreover, section 916.13, Florida Statutes (1996), required that "if

Franklin v. Kearney

814 So. 2d 462, 2001 Fla. App. LEXIS 17332, 2001 WL 1671346

District Court of Appeal of Florida | Filed: Dec 3, 2001 | Docket: 64814499

Cited 2 times | Published

proceed and involuntarily committed him under section 916.13, Florida Statutes (2001), to the Department

TL v. State

670 So. 2d 172, 1996 WL 134580

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1671316

Cited 2 times | Published

HRS to provide T.L.'s treatment, noting that section 916.13, Florida Statutes, with analogous provision

T.L. v. State

670 So. 2d 172, 1996 Fla. App. LEXIS 3059

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64763382

Cited 2 times | Published

HRS to provide T.L.’s treatment, noting that section 916.13, Florida Statutes, with analogous provision

Cuervo v. State

603 So. 2d 654, 1992 WL 191601

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 67324

Cited 2 times | Published

to involuntary hospitalization pursuant to section 916.13, Florida Statutes (1991), as incompetent to

Boclair v. State

524 So. 2d 467, 1988 WL 36077

District Court of Appeal of Florida | Filed: Apr 26, 1988 | Docket: 1340487

Cited 2 times | Published

entered an order of commitment pursuant to Section 916.13, Florida Statutes (1985) and Rule 3.212(b)(1)

Nolasco v. State

275 So. 3d 795

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719875

Cited 1 times | Published

was ruled incompetent in 2001. Pursuant to section 916.13, Florida Statutes (2001) and Florida Rule of

McCray v. State

230 So. 3d 495

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6132935

Cited 1 times | Published

not qualify for involuntary commitment under section 916.13," he was ineligible "for placement

Department of Children & Family Services v. Ramos

82 So. 3d 1121, 2012 WL 676648, 2012 Fla. App. LEXIS 3363

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 60306055

Cited 1 times | Published

not meet the criteria for commitment under section 916.13. Nevertheless, the trial court made a finding

Department of Children & Families v. Bronson

79 So. 3d 199, 2012 WL 407151, 2012 Fla. App. LEXIS 1936

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 60305258

Cited 1 times | Published

Department of Children and Families as provided in F.S. 916.13(1).” That subsection provides: (1) Every defendant

Everette v. FLORIDA DCF

961 So. 2d 270, 2007 WL 1836953

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 468770

Cited 1 times | Published

trial and involuntarily committed pursuant to section 916.13 of the Florida Statutes to the Mentally Retarded

Miller v. State

960 So. 2d 7, 2007 WL 121561

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 1404852

Cited 1 times | Published

criteria for involuntary commitment specified in section 916.13, Florida Statutes (2006). In three orders,

Amador v. State

712 So. 2d 1179, 1998 WL 315128

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1737290

Cited 1 times | Published

defendant's involuntary hospitalization pursuant to section 916.13, Florida Statutes (1993). Defendant was transferred

State v. Heidrick

707 So. 2d 1165, 1998 WL 88372

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1676006

Cited 1 times | Published

stand trial and were involuntarily hospitalized. § 916.13(1), Fla. Stat. (1995). Thereafter, several orders

Gentzen v. State

689 So. 2d 1178, 1997 WL 100902

District Court of Appeal of Florida | Filed: Mar 10, 1997 | Docket: 1739304

Cited 1 times | Published

against her; and committing her, pursuant to section 916.13(1), Florida Statutes (1995), to the custody

Department of Health and Rehab. v. Ae

667 So. 2d 429, 1996 WL 22930

District Court of Appeal of Florida | Filed: Jan 24, 1996 | Docket: 138896

Cited 1 times | Published

mental health treatment facility pursuant to section 916.13(2), Florida Statutes (1993). The Department

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

incompetent to proceed to trial. Pursuant to section 916.13(2)(a), Florida Statutes (1987),[1] and Florida

MacNeil v. State

586 So. 2d 98, 1991 Fla. App. LEXIS 9445, 1991 WL 188319

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 64661709

Cited 1 times | Published

improperly involuntarily committed pursuant to section 916.13, Florida Statutes (1989), after being adjudicated

D.L.D. v. State of Florida

District Court of Appeal of Florida | Filed: Dec 3, 2024 | Docket: 69431093

Published

is adjudicated incompetent to go to trial. See § 916.13(1), Fla. Stat. (2024). Inter alia, the court must

CHARITY NOELLE WOOD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403457

Published

mental health treatment facility pursuant to section 916.13, Florida Statutes (2022). Ms. Wood was subsequently

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

adjudged incompetent due to a mental illness, section 916.13(1) sets forth the criteria that must be met

DEPARTMENT OF CHILDREN AND FAMILIES v. JAMALAH LEWIS AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 9, 2024 | Docket: 68241821

Published

Lewis met the criteria for commitment under section 916.13, Florida Statutes (2023), because there was

DEPARTMENT OF CHILDREN AND FAMILIES v. DEBORAH KIRSHNER AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 68218534

Published

evidence that Kirshner met the criteria under section 916.13, Florida Statutes (2023), for commitment. We

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

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

Published

are consistent with the recent updates to section 916.13, Florida Statutes. See ch. 2023-270, § 4,

DEPT. OF CHILDREN & FAMILIES v. MICHELET PIERRE AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 67677168

Published

criteria required for involuntary commitment under section 916.13(1)(c), Florida Statutes (2022). Therefore,

DEPARTMENT OF CHILDREN AND FAMILIES vs NELCI S. TETLEY AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2023 | Docket: 68034480

Published

criteria for involuntary commitment under section 916.13(1), Florida Statutes (2020), and we therefore

DEPARTMENT OF CHILDREN AND FAMILIES vs OSMAR BRITO DESPAIGNE AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 7, 2022 | Docket: 66814474

Published

the criteria for involuntary commitment under section 916.13, Florida Statutes (2021). “To obtain

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

ordered as a last resort. For example, both section 916.13 and Rule 3.212 provides that a trial court

Nolasco v. State

275 So. 3d 795

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719876

Published

was ruled incompetent in 2001. Pursuant to section 916.13, Florida Statutes (2001) and Florida Rule of

Dep't of Children & Families v. Rodriguez

267 So. 3d 1087

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

Published

committing him to the Department's care pursuant to section 916.13(1), Florida Statutes (2018). The trial court

Dep't of Children & Families v. Rodriguez

267 So. 3d 1087

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

Published

committing him to the Department's care pursuant to section 916.13(1), Florida Statutes (2018). The trial court

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

Schofield incompetent to proceed. Pursuant to section 916.13(1), Florida Statutes (2015), he was

Dep't of Children & Families v. Ross

263 So. 3d 260

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64702812

Published

the statutory requirements for commitment. See § 916.13, Fla. Stat. (2018). The State properly concedes

Dep't of Children & Families v. Ross

263 So. 3d 260

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64702811

Published

the statutory requirements for commitment. See § 916.13, Fla. Stat. (2018). The State properly concedes

Dep't of Children & Families v. Henry C. Tanner & State

257 So. 3d 148

District Court of Appeal of Florida | Filed: Oct 26, 2018 | Docket: 64690600

Published

the criteria of involuntary commitment under section 916.13(1), Florida Statutes (2018). Therefore, the

Charles Vansmith v. State of Florida

247 So. 3d 64

District Court of Appeal of Florida | Filed: May 10, 2018 | Docket: 6565397

Published

the relevant statutory language in 1983 in section 916.13(3). When the new language was added, it read:

Tysheona Smith v. State - corrected 5/11/18

247 So. 3d 77

District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773024

Published

release her with the appropriate conditions. See § 916.13(1), Fla. Stat. (2017). Therefore, we grant

Dept. of Children and Families v. Garcia

245 So. 3d 919

District Court of Appeal of Florida | Filed: Apr 24, 2018 | Docket: 6374237

Published

involuntary commitment under Florida Statutes section 916.13(1)(c). Factual Background

STATE OF FLORIDA v. WILLIAM CHARLES SPUHLER

243 So. 3d 1029

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354219

Published

not qualify for involuntary commitment under section 916.13, Florida Statutes (2016). Spuhler

Scott A. Sanders v. State

242 So. 3d 464

District Court of Appeal of Florida | Filed: Mar 26, 2018 | Docket: 6356435

Published

found that Sanders should be committed under section 916.13(1)(a)1., Florida Statutes (2017), which provides:

DCF v. Kamaluddin

240 So. 3d 844

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

Published

Wazim Kamaluddin to its custody pursuant to section 916.13(1), Florida Statutes (2017). We conclude that

Department of Children & Families v. State

201 So. 3d 78, 2015 Fla. App. LEXIS 13447

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757117

Published

to the Department for treatment pursuant to section 916.13, Florida Statutes (2011). On May 18, 2011

D.S. v. State

164 So. 3d 1257, 2015 Fla. App. LEXIS 8570, 2015 WL 3510309

District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60247918

Published

proceeded under section 916.302 instead of section 916.13, the course of this case might have been dramatically

& SC12-2161 John Steven Huggins v. State of Florida & John Steven Huggins v. Michael D. Crews, etc. - Corrected Opinion

Supreme Court of Florida | Filed: Apr 2, 2015 | Docket: 2646458

Published

proceed and committed him to DCF pursuant to section 916.13(1), Florida Statutes (2006). The court

Department of Children & Families v. Carmona

159 So. 3d 165, 2015 Fla. App. LEXIS 1198, 2015 WL 403987

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629742

Published

Department of Children and Families as provided in section 916.13(1).” However, the order did find that Mr. Carmona

Morrow v. State

153 So. 3d 402, 2014 Fla. App. LEXIS 20564, 2014 WL 7184252

District Court of Appeal of Florida | Filed: Dec 18, 2014 | Docket: 60245242

Published

who has been committed to DCF custody under section 916.13(1). § 916.106(9), Fla. Stat. Section 916.15

Paolercio v. State

129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

District Court of Appeal of Florida | Filed: Jan 10, 2014 | Docket: 60237321

Published

himself or others. § 916.17(1), Fla. Stat. (2012); § 916.13(l)(a), Fla. Stat. (2012). Therefore, the trial

Agency for Persons with Disabilities v. Forestal

115 So. 3d 1089, 2013 Fla. App. LEXIS 9804, 2013 WL 3099769

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232088

Published

mentally ill. Moreover, persons committed under section 916.13 are committed to the Department of Children

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

DCF for treatment. II. THE PERTINENT STATUTE Section 916.13 addresses .the question of the involuntary

Yancy v. State

88 So. 3d 1040, 2012 WL 1934462, 2012 Fla. App. LEXIS 8743

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308120

Published

evaluation” is insufficient as a matter of law. Section 916.13(1), Florida Statutes (2011), authorizes a court

Department of Children & Families v. Davis

114 So. 3d 983, 2012 WL 1886007, 2012 Fla. App. LEXIS 8429

District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60232034

Published

involuntarily committed Davis to DCF pursuant to section 916.13(1), Florida Statutes (2011), which governs

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

condition [had] been judged to be inappropriate.” See § 916.13(l)(b), Fla. Stat. (2011). If there is an issue

Department of Children & Families v. Blackburne

961 So. 2d 1028, 2007 Fla. App. LEXIS 10975, 2007 WL 2043467

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64851611

Published

the Department of Children and Families under section 916.13(1) and directs the transfer of him to a Chapter

Department of Children & Families v. Ewell

949 So. 2d 327, 2007 Fla. App. LEXIS 2612, 2007 WL 542999

District Court of Appeal of Florida | Filed: Feb 23, 2007 | Docket: 64849291

Published

competency through any known therapeutic program. Section 916.13(l)(c), Florida Statutes (2006), requires that

Department of Children & Families v. Alvarado

946 So. 2d 130, 2007 Fla. App. LEXIS 483, 2007 WL 120072

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 64848531

Published

Department for mental health treatment pursuant to section 916.13, Florida Statutes (2006). The order on review

Florida Department of Children & Families v. Davis

923 So. 2d 1290, 2006 Fla. App. LEXIS 4925, 2006 WL 861306

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843093

Published

Department determines to place the defendant. See § 916.13(2), Fla. Stat. (2005); Quiala v. State, 659 So

Brown v. Kearney

778 So. 2d 541, 2001 Fla. App. LEXIS 3266, 2001 WL 246043

District Court of Appeal of Florida | Filed: Mar 13, 2001 | Docket: 64803826

Published

facility. Additionally, the Department cited section 916.13(l)(b), Florida Statutes (2000), which authorizes

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

the statutory commitment criteria found in section 916.13(1), Florida Statutes. 1992 Amendment. The purpose

Onwu v. State

692 So. 2d 881, 1997 WL 196673

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 1524508

Published

misdemeanors. Thus, the State points out that section 916.13(1), Florida Statutes (1995),[3] specifies that

O'Neal v. State

657 So. 2d 930, 1995 Fla. App. LEXIS 7268, 1995 WL 390278

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 64757638

Published

underlying evidence do not fulfill the criteria of section 916.13(1), Florida Statutes (1993), and of Florida

State v. Johns

651 So. 2d 1227, 1995 Fla. App. LEXIS 2047, 1995 WL 85166

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64755029

Published

criteria for commitment for treatment set forth in section 916.13, Florida Statutes (1993). Based on the psychiatrists’