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Florida Statute 916.13 | Lawyer Caselaw & Research
F.S. 916.13 Case Law from Google Scholar
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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. 916.13
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) The defendant must be transported, in accordance with s. 916.107, to the committing court’s jurisdiction within 7 days of 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.
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.

F.S. 916.13 on Google Scholar

F.S. 916.13 on Casetext

Amendments to 916.13


Arrestable Offenses / Crimes under Fla. Stat. 916.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

NOLASCO, v. STATE, 275 So. 3d 795 (Fla. App. Ct. 2019)

. . . Pursuant to section 916.13, Florida Statutes (2001) and Florida Rule of Criminal Procedure 3.212(c), . . .

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

. . . 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 . . .

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

. . . 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). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. ROSS, Jr., 263 So. 3d 260 (Fla. App. Ct. 2019)

. . . See § 916.13, Fla. Stat. (2018). The State properly concedes error. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. C. TANNER, 257 So. 3d 148 (Fla. App. Ct. 2018)

. . . 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 . . .

SMITH, v. STATE A., 247 So. 3d 77 (Fla. App. Ct. 2018)

. . . See § 916.13(1), Fla. Stat. (2017). . . .

VANSMITH, v. STATE, 247 So. 3d 64 (Fla. App. Ct. 2018)

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. GARCIA,, 245 So. 3d 919 (Fla. App. Ct. 2018)

. . . 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 . . .

STATE v. SPUHLER,, 243 So. 3d 1029 (Fla. App. Ct. 2018)

. . . 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 . . .

SANDERS, v. STATE, 242 So. 3d 464 (Fla. App. Ct. 2018)

. . . 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 . . .

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

. . . 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 . . .

MCCRAY, v. STATE, 230 So. 3d 495 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

STATE v. CAREY,, 212 So. 3d 448 (Fla. Dist. Ct. App. 2017)

. . . conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 . . .

D. McCRAY, v. STATE, 200 So. 3d 1296 (Fla. Dist. Ct. App. 2016)

. . . Petitioner did not qualify for involuntary commitment under section 916.13 and therefore was not eligible . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATE C. Z., 201 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

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

. . . 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 . . .

D. S. v. STATE, 164 So. 3d 1257 (Fla. Dist. Ct. App. 2015)

. . . Additionally, had the parties and the court proceeded under section 916.302 instead of section 916.13 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. CARMONA, 159 So. 3d 165 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

MORROW, v. STATE, 153 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

HUGGINS, v. STATE v. D., 161 So. 3d 335 (Fla. 2014)

. . . issued an order finding Huggins incompetent to proceed and committed him to DCF pursuant to section 916.13 . . .

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

. . . 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 . . .

PAOLERCIO, v. STATE, 129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2012); § 916.13(l)(a), Fla. Stat. (2012). . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. STATE, 124 So. 3d 430 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. FORESTAL,, 115 So. 3d 1089 (Fla. Dist. Ct. App. 2013)

. . . Moreover, persons committed under section 916.13 are committed to the Department of Children and Famihes . . .

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

. . . 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 . . .

YANCY, v. STATE, 88 So. 3d 1040 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

DEPARTMENT OF CHILDREN FAMILIES, v. DAVIS, 114 So. 3d 983 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. RAMOS, 82 So. 3d 1121 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

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

. . . 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). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. H. BRONSON, 79 So. 3d 199 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

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

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . ” 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 . . .

ABREU- GUTIERREZ, v. R. JAMES, A., 1 So. 3d 262 (Fla. Dist. Ct. App. 2009)

. . . 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). . . .

CORDONES, v. STATE, 997 So. 2d 496 (Fla. Dist. Ct. App. 2008)

. . . appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. A. BLACKBURNE,, 961 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . court to the extent it commits the respondent to the Department of Children and Families under section 916.13 . . .

EVERETTE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 961 So. 2d 270 (Fla. 2007)

. . . retardation, he was declared incompetent to stand trial and involuntarily committed pursuant to section 916.13 . . . See § 916.13, Fla. Stat. (1993). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. EWELL,, 949 So. 2d 327 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. GILLILAND, 947 So. 2d 1262 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. R. ALVARADO,, 946 So. 2d 130 (Fla. Dist. Ct. App. 2007)

. . . involuntarily committing Alvarado to the Department for mental health treatment pursuant to section 916.13 . . .

J. MILLER, v. STATE, 960 So. 2d 7 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. L. WEHRWEIN,, 942 So. 2d 947 (Fla. Dist. Ct. App. 2006)

. . . 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. . . .

OREN, v. C. JUDD, Jr. D., 940 So. 2d 1271 (Fla. Dist. Ct. App. 2006)

. . . 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). . . .

ANDREWS, v. JOHNSON,, 941 So. 2d 494 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

FLORIDA DEPARTMENT OF CHILDREN FAMILIES, v. DAVIS, a k a, 923 So. 2d 1290 (Fla. Dist. Ct. App. 2006)

. . . See § 916.13(2), Fla. Stat. (2005); Quiala v. State, 659 So.2d 287 (Fla. 3d DCA 1994). . . .

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). . . . 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 . . .

In COMMITMENT OF BRANCH. v., 890 So. 2d 322 (Fla. Dist. Ct. App. 2004)

. . . the criteria for competence contained in both Florida Rule of Criminal Procedure 3.211 and section 916.13 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. EVERETTE,, 911 So. 2d 119 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

MOSHER, v. STATE, 876 So. 2d 1230 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

L. GRAHAM, v. JENNE,, 837 So. 2d 554 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

FACYSON, Jr. v. JENNE,, 821 So. 2d 1169 (Fla. Dist. Ct. App. 2002)

. . . Section 916.13(2) also speaks of the department’s responsibility. . . .

FRANKLIN, v. KEARNEY,, 814 So. 2d 462 (Fla. Dist. Ct. App. 2001)

. . . That court adjudicated him incompetent to proceed and involuntarily committed him under section 916.13 . . .

BROWN, v. KEARNEY, 778 So. 2d 541 (Fla. Dist. Ct. App. 2001)

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

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . makes a finding that the defendant currently meets the statutory commitment criteria found in section 916.13 . . .

STATE DEPARTMENT OF CHILDREN FAMILIES, a v. MORRISON,, 727 So. 2d 404 (Fla. Dist. Ct. App. 1999)

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

PATTON, v. STATE, 712 So. 2d 1206 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

AMADOR, v. STATE, 712 So. 2d 1179 (Fla. Dist. Ct. App. 1998)

. . . In 1993, the trial court continued defendant’s involuntary hospitalization pursuant to section 916.13 . . .

STATE v. HEIDRICK, STATE v. ORTIZ,, 707 So. 2d 1165 (Fla. Dist. Ct. App. 1998)

. . . . § 916.13(1), Fla. Stat. (1995). . . . circuit courts committed the defendants to the Department of Health and Rehabilitative Services [HRS]. § 916.13 . . .

ONWU, v. STATE, 692 So. 2d 881 (Fla. 1997)

. . . 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 . . .

GENTZEN, v. STATE, 689 So. 2d 1178 (Fla. Dist. Ct. App. 1997)

. . . illness, to proceed in the criminal case filed against her; and committing her, pursuant to section 916.13 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 685 So. 2d 1253 (Fla. 1996)

. . . 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 . . .

T. L. a v. STATE, 670 So. 2d 172 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. A. E. a, 667 So. 2d 429 (Fla. Dist. Ct. App. 1996)

. . . committed to the Department for placement in a mental health treatment facility ' pursuant to section 916.13 . . .

O NEAL, v. STATE, 657 So. 2d 930 (Fla. Dist. Ct. App. 1995)

. . . that the trial court’s findings and the underlying evidence do not fulfill the criteria of section 916.13 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. STATE, 655 So. 2d 227 (Fla. Dist. Ct. App. 1995)

. . . 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. . . . .

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

. . . 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 . . .

STATE v. JOHNS,, 651 So. 2d 1227 (Fla. Dist. Ct. App. 1995)

. . . conceded the ap-pellee did not meet the criteria for commitment for treatment set forth in section 916.13 . . .

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

. . . Pursuant to section 916.13(2)(a), Florida Statutes (1987), and Florida Rule of Criminal Procedure 3.212 . . .

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

. . . 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 . . .

CUERVO, v. STATE, 603 So. 2d 654 (Fla. Dist. Ct. App. 1992)

. . . Where the circuit court commits a criminal defendant to involuntary hospitalization pursuant to section 916.13 . . .

V. v. STATE, 586 So. 2d 98 (Fla. Dist. Ct. App. 1991)

. . . 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. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 536 So. 2d 992 (Fla. 1988)

. . . 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 . . .

BOCLAIR, v. STATE, 524 So. 2d 467 (Fla. Dist. Ct. App. 1988)

. . . The trial court thereupon entered an order of commitment pursuant to Section 916.13, Florida Statutes . . .

BLACKSHEAR, v. STATE, 480 So. 2d 207 (Fla. Dist. Ct. App. 1985)

. . . Blackshear to the custody of the Department of Health and Rehabilitative Services (HRS), pursuant to Section 916.13 . . .

THOMPSON, v. CRAWFORD,, 479 So. 2d 169 (Fla. Dist. Ct. App. 1985)

. . . See § 916.13, Fla.Stat. (Supp.1980); Fla.R.Crim.P. 3.212(b). . . .

PRICE, v. L. WAINWRIGHT, 759 F.2d 1549 (11th Cir. 1985)

. . . . § 916.13(2). . . .

JOHNSON, v. STATE, 440 So. 2d 464 (Fla. Dist. Ct. App. 1983)

. . . 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), . . .

MILLER, v. CARSON, T., 524 F. Supp. 1174 (M.D. Fla. 1981)

. . . These provisions of the Florida Rules of Criminal Procedure track the statutory language of Section 916.13 . . .

Co. v., 12 B.T.A. 1062 (B.T.A. 1928)

. . . $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 . . .