Florida Statute 916.145 - 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

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F.S. 916.145

916.145 Dismissal of charges.—

(1) The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The court may dismiss such charges at least 3 years after such determination, unless the charge is:

(a) Arson;

(b) Sexual battery;

(d) Kidnapping;

(e) Aggravated child abuse;

(f) Aggravated abuse of an elderly person or disabled adult;

(g) Aggravated assault with a deadly weapon;

(h) Murder;

(i) Manslaughter;

(j) Aggravated manslaughter of an elderly person or disabled adult;

(k) Aggravated manslaughter of a child;

(l) Unlawful throwing, projecting, placing, or discharging of a destructive device or bomb;

(m) Armed burglary;

(n) Aggravated battery;

(o) Aggravated stalking;

(p) A forcible felony as defined in s. 776.08 and not listed elsewhere in this subsection;

(q) An offense where an element of the offense requires the possession, use, or discharge of a firearm;

(r) An attempt to commit an offense listed in this subsection;

(s) An offense allegedly committed by a defendant who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the nonviolent felony sought to be dismissed;

(t) An offense allegedly committed by a defendant who, after having been found incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the Office of the Statewide Prosecutor with a new felony offense; or

(u) An offense for which there is an identifiable victim and such victim has not consented to the dismissal.

(2) This section does not prohibit the state from refiling dismissed charges if the defendant is declared to be competent to proceed in the future.

History.—s. 6, ch. 83-274; s. 74, ch. 87-226; s. 1532, ch. 97-102; s. 18, ch. 98-92; s. 13, ch. 2006-195; s. 3, ch. 2016-135.

F.S. 916.145 on Google Scholar

F.S. 916.145 on CourtListener

Amendments to 916.145

Annotations, Discussions, Cases:

Cases Citing Statute 916.145

Total Results: 20

Gonzalez v. State

15 So. 3d 37, 2009 Fla. App. LEXIS 5513, 2009 WL 1393071

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1192581

Cited 14 times | Published

be restored to competency. By comparison, section 916.145, applicable to mentally ill defendants, provides

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

motion, ruling that Fla. R.Crim. P. 3.213 and section 916.145, Florida Statutes (2002), relate to the dismissal

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

conclusions were essentially unrefuted. Pursuant to section 916.145, it appeared likely that Wehrmein's criminal

State v. Offill

837 So. 2d 533, 2003 WL 289001

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1527452

Cited 4 times | Published

that the statute addressing this situation, section 916.145, Florida Statutes (2001), appears to conflict

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

dismissed Everette's criminal case pursuant to section 916.145, Florida Statutes (1996), committed Everette

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

three years if the charge is not listed in section 916.145(1), Florida Statutes (Dismissal of charges)

McCray v. State

230 So. 3d 495

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

Cited 1 times | Published

to mental illness." Id. at 1297 (citing § 916.145).

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

December 18, 1996, pursuant to then-numbered section 916.145 of the Florida Statutes, which provided a two-year

ALAN NERETTE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073807

Published

3.213(a)(1). Morris, however, was based on section 916.145, Florida Statutes (2019), which provides that

STATE OF FLORIDA v. CHARLES MORRIS

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218379

Published

The trial court dismissed the case based on section 916.145, Florida Statutes (2019), due to continuous

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

court's order appears to be based upon section 916.145(1), Florida Statutes (2017): "The charges

Columbus Williams v. State of Florida

256 So. 3d 954

District Court of Appeal of Florida | Filed: Oct 2, 2018 | Docket: 7968008

Published

898 So. 2d 1070, 1073 (Fla. 5th DCA 2005); cf. § 916.145, Fla. Stat. * We note that Dr. Blandino’s

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

three years if the charge is not listed in section 916.145(1), Florida Statutes (Dismissal of charges)

State v. Carey

212 So. 3d 448, 2017 Fla. App. LEXIS 209

District Court of Appeal of Florida | Filed: Jan 11, 2017 | Docket: 4565892

Published

in the future. (Emphasis added). Section 916.145 of the Florida Statutes similarly provides

McCray v. State

200 So. 3d 1296, 2016 Fla. App. LEXIS 14829, 2016 WL 5845694

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469182

Published

proceed due to mental illness. See § 916.145; Fla. R. Crim. P. 3.213(a)(1); State v.

State of Florida v. Cynthia J. Benninghoff

188 So. 3d 64, 2016 Fla. App. LEXIS 4521, 2016 WL 1129917

District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3046936

Published

213(a)(1) (emphasis added). Similarly, section 916.145, Florida Statutes, provides: The charges

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

been dismissed without prejudice pursuant to section 916.145 of the Florida Statutes (2014). However, we

Kendrick Joseph v. State

152 So. 3d 741, 2014 Fla. App. LEXIS 19609, 39 Fla. L. Weekly Fed. D 2496

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610806

Published

disability.” § 916.106(14), Fla. Stat. (2013). Section 916.145, Florida Statutes (2013), provides for the

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

a new offense while on pretrial release. See § 916.145, Fla. Stat. (2012); § 916.303(1), Fla. Stat. (2012)

State, Department of Children & Families v. Reyes

829 So. 2d 252, 2002 Fla. App. LEXIS 12775, 2002 WL 2009793

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 64818564

Published

to dismiss his criminal charges pursuant to section 916.145, Florida Statutes (2001).1 He also filed a