Florida Statutes
Fla. Stat. § 916.13 (2025)
Involuntary commitment of defendant adjudicated incompetent.
✓ 2025 Florida Statutes: current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 93
cases (12 in the last 5 years), 1981–2026 · leading case: Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009).
Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “Section 916.13 permits a court to involuntarily commit a defendant charged with a felony who is found incompetent to proceed because of mental illness.”
Dep't of Child. & Families v. Lotton, 172 So. 3d 983 (Fla. 5th DCA 2015). “■ § 916.13, Fla. Stat. (2014). Here, the trial court did not ignore the above-stated criteria for commitment.”
Abreu-Gutierrez v. James, 1 So. 3d 262 (Fla. 4th DCA 2009). “See § 916.13, Fla. Stat. (2008). No evidence was presented warranting Abreu’s restoration to competency, and mental health experts have provided conflicting reports as to whether Abreu suffered from mental illness at all.”
In Re Amendments to Florida Rules of Crim. Procedure, 536 So. 2d 992 (Fla. 1988). “(c) This new provision, including all its subsections, is designed to reflect the commitment criteria in Section 916.13(1), Florida Statutes, and to reflect that commitment to HRS is to be tied to specific commitment criteria when no less restrictive treatment alternative is…”
Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003). “In Part II, section 916.13 authorizes a court to involuntarily commit an accused who is adjudicated mentally ill and incompetent to proceed.”
Amends. to Fl. Rules of Crim. Proc., 685 So. 2d 1253 (Fla. 1996). “Section 916.13, Florida Statutes complements this rule and provides for the hospitalization of defendants adjudicated incompetent to stand trial.”
Christopher Schofield v. Grady C. Judd, Sheriff of Polk Cnty., 268 So. 3d 890 (Fla. 2d DCA 2019). “1st DCA 2004), and suggested to the circuit court that "individuals whose competence is non-restorable no longer meet the criteria for commitment pursuant to [section 916.13, Florida Statutes (2017)] and therefore, should either be released or the State shall initiate civil…”
Oren v. Judd, 940 So. 2d 1271 (Fla. 2d DCA 2006). “" Nevertheless, the court's commitment order stated that Oren met the criteria for involuntary commitment for treatment to restore competency as set forth in section 916.13, Florida Statutes (2005), and Florida Rule of Criminal Procedure 3.”
Dep't of Child. & Families v. State, 201 So. 3d 78 (Fla. 3d DCA 2015). “This in turn led to an order of involuntary commitment to the Department for treatment pursuant to section 916.13, Florida Statutes (2011). On May 18, 2011, after further psychological testing, the trial court deemed C.”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “§ 916.13] complements this rule and provides for the hospitalization of defendants adjudicated incompetent to stand trial.”
Mosher v. State, 876 So. 2d 1230 (Fla. 1st DCA 2004). “212(c); § 916.13, Fla. Stat. (2002). The second six-month report issued by the hospital [1] continued to indicate that Mosher was incompetent to stand trial and that prognosis for restoration of competency in the foreseeable future was extremely unlikely.”
Dep't of Child. & Families v. Clem, 903 So. 2d 1011 (Fla. 5th DCA 2005). “DCF next argues that there was no evidence that Clem could be treated by DCF in order to restore his competency for purposes of section 916.13(1). DCF points out that none of the three experts, including Dr.”
916.13(1): 45 cases
In Re Amendments to Florida Rules of Crim. Procedure, 536 So. 2d 992 (Fla. 1988). “(c) This new provision, including all its subsections, is designed to reflect the commitment criteria in Section 916.13(1), Florida Statutes, and to reflect that commitment to HRS is to be tied to specific commitment criteria when no less restrictive treatment alternative is…”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “§ 916.13] complements this rule and provides for the hospitalization of defendants adjudicated incompetent to stand trial.”
Amends. to Fl. Rules of Crim. Proc., 685 So. 2d 1253 (Fla. 1996). “Section 916.13, Florida Statutes complements this rule and provides for the hospitalization of defendants adjudicated incompetent to stand trial.”
Oren v. Judd, 940 So. 2d 1271 (Fla. 2d DCA 2006). “" Nevertheless, the court's commitment order stated that Oren met the criteria for involuntary commitment for treatment to restore competency as set forth in section 916.13, Florida Statutes (2005), and Florida Rule of Criminal Procedure 3.”
Patton v. State, 712 So. 2d 1206 (Fla. 1st DCA 1998).
916.13(1)(C): 1 case
Dep't of Child. & Families v. Lotton, 172 So. 3d 983 (Fla. 5th DCA 2015). “■ § 916.13, Fla. Stat. (2014). Here, the trial court did not ignore the above-stated criteria for commitment.”
916.13(1)(a): 7 cases
Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003). “In Part II, section 916.13 authorizes a court to involuntarily commit an accused who is adjudicated mentally ill and incompetent to proceed.”
In Re Commitment of Branch, 890 So. 2d 322 (Fla. 2d DCA 2004).
Scott A. Sanders v. State, 242 So. 3d 464 (Fla. 5th DCA 2018).
Miller v. State, 960 So. 2d 7 (Fla. 4th DCA 2007).
Dep't of Child. & Families v. State of Florida & William Elvey (Fla. 5th DCA 2024).
916.13(1)(a)(1): 1 case
Thomas v. State, 93 So. 3d 404 (Fla. 2d DCA 2012).
916.13(1)(a)(2): 2 cases
State v. Miranda, 137 So. 3d 1133 (Fla. 3d DCA 2014).
Thomas v. State, 93 So. 3d 404 (Fla. 2d DCA 2012).
916.13(1)(b): 4 cases
Graham v. Jenne, 837 So. 2d 554 (Fla. 4th DCA 2003). “In Part II, section 916.13 authorizes a court to involuntarily commit an accused who is adjudicated mentally ill and incompetent to proceed.”
Dep't of Child. & Families v. State of Florida, Sardo (Fla. 2d DCA 2026).
ALI MARINO v. STATE OF FLORIDA & GREGORY TONY, as Sheriff of Broward Cnty. (Fla. 4th DCA 2019).
Dep't of Child. & Families v. State of Florida & William Elvey (Fla. 5th DCA 2024).
916.13(1)(c): 13 cases
Dep't of Child. & Families v. Gilliland, 947 So. 2d 1262 (Fla. 5th DCA 2007).
Mosher v. State, 876 So. 2d 1230 (Fla. 1st DCA 2004). “212(c); § 916.13, Fla. Stat. (2002). The second six-month report issued by the hospital [1] continued to indicate that Mosher was incompetent to stand trial and that prognosis for restoration of competency in the foreseeable future was extremely unlikely.”
Dept. of Child. & Families v. Garcia, 245 So. 3d 919 (Fla. 3d DCA 2018).
Oren v. Judd, 940 So. 2d 1271 (Fla. 2d DCA 2006). “" Nevertheless, the court's commitment order stated that Oren met the criteria for involuntary commitment for treatment to restore competency as set forth in section 916.13, Florida Statutes (2005), and Florida Rule of Criminal Procedure 3.”
Christopher Schofield v. Grady C. Judd, Sheriff of Polk Cnty., 268 So. 3d 890 (Fla. 2d DCA 2019). “1st DCA 2004), and suggested to the circuit court that "individuals whose competence is non-restorable no longer meet the criteria for commitment pursuant to [section 916.13, Florida Statutes (2017)] and therefore, should either be released or the State shall initiate civil…”
916.13(2): 11 cases
Dep't of Child. & Families v. Clem, 903 So. 2d 1011 (Fla. 5th DCA 2005). “DCF next argues that there was no evidence that Clem could be treated by DCF in order to restore his competency for purposes of section 916.13(1). DCF points out that none of the three experts, including Dr.”
Dep't of Child. & Fam. Servs. v. State, 124 So. 3d 430 (Fla. 2d DCA 2013).
DCF v. Wehrwein, 942 So. 2d 947 (Fla. 5th DCA 2006).
Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “Section 916.13 permits a court to involuntarily commit a defendant charged with a felony who is found incompetent to proceed because of mental illness.”
Dep't of Child. & Families v. Lotton, 172 So. 3d 983 (Fla. 5th DCA 2015). “■ § 916.13, Fla. Stat. (2014). Here, the trial court did not ignore the above-stated criteria for commitment.”
916.13(2)(a): 2 cases
State v. Heidrick, 707 So. 2d 1165 (Fla. 3d DCA 1998).
STATE, DHRS v. Bentley, 617 So. 2d 368 (Fla. 2d DCA 1993).
916.13(3): 1 case
Charles Vansmith v. State of Florida, 247 So. 3d 64 (Fla. 1st DCA 2018).
916.13(b): 1 case
State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004).
916.13(l)(a): 5 cases
State v. Miranda, 137 So. 3d 1133 (Fla. 3d DCA 2014).
Gatlin v. State, 79 So. 3d 202 (Fla. 2d DCA 2012).
Paolercio v. State, 129 So. 3d 1174 (Fla. 5th DCA 2014).
Dep't of Child. & Families v. Davis, 114 So. 3d 983 (Fla. 5th DCA 2012).
Yancy v. State, 88 So. 3d 1040 (Fla. 4th DCA 2012).
916.13(l)(b): 4 cases
Gatlin v. State, 79 So. 3d 202 (Fla. 2d DCA 2012).
MacNeil v. State, 586 So. 2d 98 (Fla. 5th DCA 1991).
Thomas v. State, 93 So. 3d 404 (Fla. 2d DCA 2012).
Brown v. Kearney, 778 So. 2d 541 (Fla. 3d DCA 2001).
916.13(l)(c): 6 cases
Dep't of Child. & Families v. Ewell, 949 So. 2d 327 (Fla. 5th DCA 2007).
Abreu-Gutierrez v. James, 1 So. 3d 262 (Fla. 4th DCA 2009). “See § 916.13, Fla. Stat. (2008). No evidence was presented warranting Abreu’s restoration to competency, and mental health experts have provided conflicting reports as to whether Abreu suffered from mental illness at all.”
Dep't of Child. & Fam. Servs. v. State, 124 So. 3d 430 (Fla. 2d DCA 2013).
Horton v. Judd, 80 So. 3d 439 (Fla. 2d DCA 2012).
Thomas v. State, 93 So. 3d 404 (Fla. 2d DCA 2012).
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