The 2023 Florida Statutes (including 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 Casetext

Amendments to 916.145

Arrestable Offenses / Crimes under Fla. Stat. 916.145

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.145.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . This part of the court's order appears to be based upon section 916.145(1), Florida Statutes (2017): . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Incompetency) adds the provision for dismissal after three years if the charge is not listed in section 916.145 . . . disability or autism; (3) may be dismissed 3 years after a finding, unless a charge is listed in section 916.145 . . .

WILLIAMS, v. STATE, 256 So. 3d 954 (Fla. App. Ct. 2018)

. . . . § 916.145, Fla. Stat. . . .

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

. . . Section 916.145 of the Florida Statutes similarly provides for dismissal of charges where a defendant . . . charges at least 3 years after such determination, unless the charge is: (n) Aggravated battery[.] § 916.145 . . . P. 3.213 and section 916.145, by their plain language, relate to the dismissal of charges at. any time . . . P. 3.213 and section 916.145.”); see also State v. . . . Based on a plain reading of rule 3.213, section 916.145, and case law, the trial court erred in dismissing . . .

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

. . . See § 916.145; Fla. R. Crim. P. 3.213(a)(1); State v. . . . that stand for the proposition that “[c]ases reviewing the dismissal of charges, pursuant to section 916.145 . . .

STATE v. J. BENNINGHOFF,, 188 So. 3d 64 (Fla. Dist. Ct. App. 2016)

. . . Similarly, section 916.145, Florida Statutes, provides: The charges against any .defendant adjudicated . . . state to refile the charges should the defendant be declared competent to proceed in the future. § 916.145 . . . Cases reviewing the dismissal- of charges, pursuant to section 916.145, Florida Statutes, and rule 3.213 . . . Based on a plain reading of rule 3.213, section 916.145, and case law, the trial court erred in dismissing . . .

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

. . . The charges against the defendant have recently been dismissed without prejudice pursuant to section 916.145 . . .

JOSEPH, v. STATE, 152 So. 3d 741 (Fla. Dist. Ct. App. 2014)

. . . Section 916.145, Florida Statutes (2013), provides for the dismissal of charges after five years where . . .

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

. . . See § 916.145, Fla. Stat. (2012); § 916.303(1), Fla. Stat. (2012). . . .

GONZALEZ, v. STATE, 15 So. 3d 37 (Fla. Dist. Ct. App. 2009)

. . . By comparison, section 916.145, applicable to mentally ill defendants, provides a similar right to dismissal . . .

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

. . . On December 18, 1996, pursuant to then-numbered section 916.145 of the Florida Statutes, which provided . . . In 1998, section 916.145 was amended to address only persons adjudicated incompetent due to mental illness . . . See ch. 98-92, § 18, at 718, Laws of Fla.; § 916.145, Fla. Stat. (Supp.1998). . . .

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

. . . Pursuant to section 916.145, it appeared likely that Wehrmein’s criminal case would be dismissed in June . . . Section 916.145, Florida Statutes (2005) provides: The charges against any defendant adjudicated incompetent . . .

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

. . . In the instant case, the trial court dismissed Everette’s criminal case pursuant to section 916.145, . . . Section 916.145, which has since been renumbered to section 916.303(a), Florida Statutes (2003), required . . . against a defendant who is adjudicated incompetent to stand trial two years after such adjudication. § 916.145 . . . 1996 order "involuntarily committed defendant to a secure, forensic residential setting pursuant to § 916.145 . . .

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

. . . P. 3.213 and section 916.145, Florida Statutes (2002), relate to the dismissal of charges that have been . . . P. 3.213 and section 916.145, by their plain language, relate to the dismissal of charges at any time . . . P. 3.213 and section 916.145. We reject Mosher’s argument that Jackson v. . . .

STATE v. OFFILL,, 837 So. 2d 533 (Fla. Dist. Ct. App. 2003)

. . . We next observe that the statute addressing this situation, section 916.145, Florida Statutes (2001), . . . Section 916.145 provides that the court shall dismiss the charges after the expiration of five years . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. REYES,, 829 So. 2d 252 (Fla. Dist. Ct. App. 2002)

. . . 13, 2001, Reyes through counsel filed a motion to dismiss his criminal charges pursuant to section 916.145 . . . See § 916.145, Fla. Stat. (2001); Fla. R.Crim. P. 3.213(b) (2001). . . . Section 916.145, Florida Statutes (2001), provides that "[t]he charges against any defendant adjudicated . . .