CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 3327073
...from DCF's custody. Appellant was subsequently found competent to proceed in the St. Johns County cases. He was ultimately convicted and sentenced on both the trafficking in oxycotin case and his violation of probation charges. This appeal followed. Section 916.16(1), Florida Statutes (2001), provides: The committing court shall retain jurisdiction in the case of any defendant hospitalized as incompetent to proceed or because of a finding of not guilty by reason of insanity pursuant to this chapter....
...Although this issue was never raised with the trial court, appellant correctly notes a court's lack of subject matter jurisdiction can be raised at any time. J.D. v. State,
849 So.2d 458 (Fla. 4th DCA 2003). While we agree the state failed to comply with section
916.16(1), we reject appellant's argument that the trial court lacked jurisdiction. Subject matter jurisdiction refers to the authority of the court to hear the class of cases to which the particular controversy belongs. Dep't of Revenue v. Pelsey,
779 So.2d 629, 631 (Fla. 1st DCA 2001). We find section
916.16(1) did not divest the trial court of its authority to preside over a felony case arising in St....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 88372
...*1167 Thereafter, the State moved to have the committing courts determine whether the defendants should remain involuntarily hospitalized. As to both defendants, the committing courts entered orders finding that they lacked jurisdiction to make such a determination. These petitions follow. The State contends that pursuant to section 916.16, Florida Statutes (1995), [1] the committing courts have jurisdiction to determine whether the defendants continued to meet the criteria for involuntary hospitalization even though the defendants' charges had been dismissed without pre...
...patient. Chapter 394 does not allow the State to seek review of the administrator's decision to discharge the defendant before the court that initially committed the defendant. Therefore, contrary to the State's assertion, the discharge provision of section
916.16 is inapplicable, and pursuant to section
394.469(1), the decision to discharge the defendants rests solely with the administrator of the facility. As stated above, under the circumstances of the instant case, the discharge provision of section
916.16 is inapplicable....
...The defendants were committed to a Florida state hospital and the commitment orders also provided that the defendants could not be released without the trial courts' consent. Moreover, at the time that the trial courts entered the commitment orders, section 917.01(2), Florida Statutes, which is the predecessor statute to section 916.16, was in effect....
...defendants; and at the very minimum the circuit court possessed the inherent power to determine whether the defendants continued to meet the criteria for involuntary hospitalization. I would grant the writ. GERSTEN and GREEN, JJ., recused. NOTES [1] 916.16 Jurisdiction of committing court.The committing court shall retain jurisdiction in the case of any patient hospitalized ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 110292
...Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., for appellee. WENTWORTH, Judge. Appellant seeks review of an order entered in the circuit court for Columbia County by which appellant's involuntary hospitalization was continued under section 916.16, Florida Statutes....
...nt. However, the order now before us does not purport to be a Baker Act commitment (for which, in any event, there appears to be no evidentiary basis in the record). We conclude therefore that the court clearly erred in exercising jurisdiction under Section 916.16, Florida Statutes, to order an involuntary commitment in the original criminal proceeding, and accordingly reverse....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 12775, 2002 WL 2009793
...trial court has jurisdiction. A trial court (as the committing court) retains jurisdiction over any criminal defendant hospitalized as incompetent to proceed to trial, and no such defendant shall be released except by order of the committing court. § 916.16, Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2064, 1984 Fla. App. LEXIS 15220
...In 1980 appellant was charged with second degree murder. The trial court adjudicated him not guilty by reason of insanity and ordered his involuntary commitment to the Department of Health and Rehabilitative Services. The order specified that the court would retain jurisdiction consistent with section 916.16, Florida Statutes (1981)....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 15634, 2015 WL 6160697
...teria for involuntary
commitment may be committed and treated in accordance
with the provisions of this section and the applicable Florida
Rules of Criminal Procedure. . . .
5
Importantly, section 916.16, Florida Statutes (2004), allows for the
continued jurisdiction of the committing court over the defendant even
after hospitalization:
(1) The committing court shall retain jurisdiction in the case
of any defendant hospita...
CopyPublished | Florida 1st District Court of Appeal
...ansferring the petition for
filing in Appellant’s felony case in Pinellas County, Case No. 2022
CF 005106. Only the committing court has jurisdiction to
determine a petition for habeas corpus challenging the legality of
an involuntary commitment. § 916.16, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20564, 2014 WL 7184252
...or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure. (4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court_ Section
916.16 provides the trial court with continuing jurisdiction over a defendant it either involuntarily commits or places on conditional release pursuant to section
916.17....
...The trial court retains jurisdiction over Morrow should he be conditionally released and may modify the release conditions or order involuntary commitment if Morrow’s status changes and in the future he meets the criteria for involuntary commitment. See §§
916.16(2) and
916.17(2)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 6184469
...Linn’s right to due process as to his fundamental liberty interest for involuntary commitment under the Baker Act would seem to require more process than occurred at the hearing on the motion to dismiss the criminal charge. Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal court has jurisdiction over this commitment....
...ant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. § 916.16(1)....
