CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8917, 2010 WL 2472272
...o a forensic facility to receive services to help them regain competency. [2] The court appoints experts to evaluate whether the defendant meets the definition of retardation or autism and, if so, whether the defendant is competent to proceed. See §§ 916.301, 916.3012(2), (3), Fla. Stat. In addition to reporting on the defendant's mental condition and competence or lack thereof, the experts are required to "recommend[ ] training for the defendant to attain competence to proceed." § 916.3012(4), Fla....
...Stat. (2009). II. FACTS AND PROCEDURAL HISTORY In November 2008, Mr. Dallas was arrested and charged with domestic battery and possession of cocaine with intent to distribute. Pursuant to Florida Rule of Criminal Procedure 3.210(b) [3] and sections 916.301 and 916.3012(2), Florida Statutes, the court appointed two experts to evaluate Mr....
...Section
916.106 provides further that "[t]he [Agency] is responsible for training forensic clients who are developmentally disabled due to mental retardation or autism and have been determined incompetent to proceed." §
916.106(1), Fla. Stat. (2009). Under section
916.301(2), the Agency selects at least one of the experts appointed by the court to evaluate a defendant pursuant to section
916.3012, thereby giving the Agency input into the court's determinations regarding whether a defendant has mental retardation or autism, whether such a defendant is incompetent to proceed, and whether involuntary commitment is necessary....
CopyPublished | Florida 6th District Court of Appeal
...Florida Statutes (2023); and (2) an order appointing a committee to re-evaluate his
competency. We grant the petition and quash both orders.
In 2020, Reina was charged with several counts of theft and burglary. He was
subsequently declared incompetent to proceed under section 916.3012, Florida
Statutes (2021), by virtue of intellectual disability....
...time within which the defendant is expected to become
competent to proceed. The charges may be refiled by the
state if the defendant is declared competent to proceed in
the future.
The State, in response, filed a motion under section 916.301, Florida Statutes (2023),
seeking the appointment of a committee to re-evaluate Reina’s competency.
The trial court held an evidentiary hearing during which it considered both
motions....
CopyPublished | Florida 4th District Court of Appeal
...each, for
respondent.
GERBER, J.
The defendant petitions for a writ of certiorari, arguing the circuit
court’s procedure for appointing an expert to determine the defendant’s
competency to proceed departed from the essential requirements of section
916.301(1), Florida Statutes (2024)....
...Agency for Persons with Disabilities’ (“APD”) maintained list of
appropriately licensed and qualified professionals to perform evaluations
of persons alleged to be incompetent due to intellectual disability.
We disagree with the defendant’s argument. Although section
916.301(1) requires that “[a]ll evaluations ordered by the court under this
part must be conducted by qualified experts who have expertise in
evaluating persons who have an intellectual disability,” § 916.301(1), Fla.
Stat. (2024) (emphases added), section 916.301(1) does not require a court
to appoint only an expert who is included on the APD-maintained list.
Rather, section 916.301(1) pertinently provides that “courts may use
professionals from this list when appointing experts and ordering
evaluations under this part.” § 916.301(1), Fla....
...Under the whole-text canon,
proper interpretation requires consideration of “the entire
text, in view of its structure and of the physical and logical
relation of its many parts.” Id.
Id. at 323–24.
Applying the “whole text” canon to section 916.301(1), the circuit court
properly appointed a “qualified expert[] who ha[s] expertise in evaluating
persons who have an intellectual disability” to determine the defendant’s
competency....
...the ability to disclose facts pertinent to the proceedings to his lawyer; (5)
the ability to display appropriate courtroom behavior; and (6) the ability to
testify relevantly. See Fla. R. Crim. P. 3.211(a)(2)(A).
Based on the foregoing, the circuit court did not depart from section
916.301(1)’s essential requirements in appointing a “qualified expert[] who
ha[s] expertise in evaluating persons who have an intellectual disability”
to determine the defendant’s competency....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 9979, 2003 WL 21507090
...order finding respondent incompetent to stand trial in a criminal case and ordering him to receive treatment at specific facilities. The Department argues that the trial court departed from the essential requirements of law by failing to comply with section 916.301, Florida Statutes (2002), regarding the appointment of the experts for the respondent's incompetency evaluations and in ordering the Department to provide the treatment from a particular facility. The respondent concedes that the trial court erred in failing to comply with section 916.301 by failing to include the Department in the evaluation....
...While the order does not indicate, it is apparent that the court intended the Department to provide these services. The unilateral manner in which the trial court appointed the psychologists and ordered the type of treatment for the respondent violated section 916.301....
...While the court appointed two psychologists, one was not from the Department's developmental services program as required by statute. This is important because upon finding the respondent incompetent to proceed, the experts were required to recommend "training for the defendant to attain competence to proceed." § 916.3012(4)....
...Specifically, the expert's report must include recommendations on the appropriate training for the respondent, the availability of acceptable training in the community, the likelihood of the respondent attaining competency, and the probable duration of his attaining competency. See § 916.3012(4)(a)-(d)....
