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Florida Statute 916.303 | Lawyer Caselaw & Research
F.S. 916.303 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 916.303

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
View Entire Chapter
F.S. 916.303
916.303 Determination of incompetency; dismissal of charges.
(1) The charges against any defendant found to be incompetent to proceed due to intellectual disability or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, 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 charges may be refiled by the state if the defendant is declared competent to proceed in the future.
(2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services and lacks the basic survival and self-care skills to provide for his or her well-being or is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant’s attorney shall apply to the committing court to involuntarily admit the defendant to residential services pursuant to s. 393.11.
(3) If the defendant is considered to need involuntary residential services for reasons described in subsection (2) and, further, there is a substantial likelihood that the defendant will injure another person or continues to present a danger of escape, and all available less restrictive alternatives, including services in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate, the agency, the state attorney, or the defendant’s counsel may request the committing court to continue the defendant’s placement in a secure facility pursuant to this part. Any placement so continued must be reviewed by the court at least annually at a hearing. The annual review and hearing must determine whether the defendant continues to meet the criteria described in this subsection and, if so, whether the defendant still requires involuntary placement in a secure facility and whether the defendant is receiving adequate care, treatment, habilitation, and rehabilitation, including psychotropic medication and behavioral programming. Notice of the annual review and review hearing shall be given to the state attorney and the defendant’s attorney. A defendant’s placement in a secure facility may not exceed the maximum sentence for the crime for which the defendant was charged.
History.s. 27, ch. 98-92; s. 56, ch. 99-7; s. 21, ch. 2006-195; s. 35, ch. 2013-162.

F.S. 916.303 on Google Scholar

F.S. 916.303 on Casetext

Amendments to 916.303


Arrestable Offenses / Crimes under Fla. Stat. 916.303
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.303.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . that Williams is not entitled to dismissal of his charges because the two-year limit under section 916.303 . . . Section 916.303(1) mandates dismissal "within a reasonable time" after a determination of incompetency . . .

VANSMITH, v. STATE, 247 So. 3d 64 (Fla. App. Ct. 2018)

. . . that it still had jurisdiction to keep him placed in a secure residential facility based on section 916.303 . . . The petitioner's argument is predicated on the language contained in section 916.303(3). . . . Section 916.303 states: (1) The charges against any defendant found to be incompetent to proceed due . . . Upon examining sections 916.303 and 916.105, we find no evidence of retribution or deterrence. . . . and no evidence that section 916.303 criminalizes behavior, section 775.021(1) does not apply. . . .

HUGHES, v. STATE, 221 So. 3d 1238 (Fla. Dist. Ct. App. 2017)

. . . adjudicated Appellant incompetent to proceed and dismissed his charges without prejudice pursuant to section 916.303 . . .

TILLMAN, v. STATE, 208 So. 3d 307 (Fla. Dist. Ct. App. 2016)

. . . restorable to competency, prompting Tillman to request dismissal of his charges pursuant to section 916.303 . . . He asserted that section 916.303 required the dismissal of the charges because there was no reasonable . . . with Disabilities (“APD”), and placed in a group home with 24-hour supervision pursuant to section 916.303 . . . Section 916.303(2) states: (2) If the charges are dismissed and if the defendant is considered to lack . . . Section 916.303(3) provides, in pertinent part: (3) If the defendant is considered to need involuntary . . .

HOLLY, v. STATE, 187 So. 3d 313 (Fla. Dist. Ct. App. 2016)

. . . review of the denial of 'his second motion to dismiss without prejudice, filed pursuant to section 916.303 . . . He moved to dismiss the charges in both cases based on section 916.303(1), Florida Statutes (2015), which . . . , for that matter, any defendant may seek dismissal of pending criminal charges pursuant to section 916.303 . . .

HENRY, v. STATE, 178 So. 3d 928 (Fla. Dist. Ct. App. 2015)

. . . Henry petitions this Court for certiorari review of the denial of his motion to dismiss under section 916.303 . . . On May 18, 2015, he filed for dismissal of the charges without prejudice under section 916.303(1). . . . would become competent in the foreseeable future and provided an expected timeframe- for competency. § 916.303 . . .

J. R. v. HANSEN,, 803 F.3d 1315 (11th Cir. 2015)

. . . . § 916.303(3) (mandating that admissions to a secure facility, which are not at issue here, “must be . . . Stat. § 916.303(3), contemplates placement in secure facilities under different admission standards. . . .

J. R. v. PALMER,, 175 So. 3d 710 (Fla. 2015)

. . . review in other contexts,” such as secure detention of intellectually disabled persons under section 916.303 . . . judicial review in the context of secure detention of intellectually disabled persons under section 916.303 . . .

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

. . . amendment changed “mental retardation or autism” to “intellectual disability or autism” in section 916.303 . . . He contends that he is entitled to dismissals pursuant to section 916.303(1), Florida Statutes (2013) . . .

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

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

J. R. v. HANSEN,, 736 F.3d 959 (11th Cir. 2013)

. . . . §§ 393.11(2), 916.303(2), the court appoints a committee to examine the person’s intellectual abilities . . . Stat. § 916.303(3). In that context, the secure placement is reviewed annually at a hearing. . . . . § 916.303(3). . . . However, Florida Statutes § 916.303(3) allows the court to place a person in a secure facility, rather . . . Stat. § 916.303(3) with id. § 393.11. . . .

In COMMITMENT OF DRAYTON. v., 27 So. 3d 243 (Fla. Dist. Ct. App. 2010)

. . . The charges were dismissed without prejudice in April 2006 pursuant to section 916.303(1), Florida Statutes . . . contingent upon the filing and resolution of an involuntary admission petition filed pursuant to sections 916.303 . . .

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

. . . In September 2008, defense counsel filed a motion to dismiss the criminal charge under section 916.303 . . . granting certiorari review of order denying incompetent defendant’s motion to dismiss filed under § 916.303 . . . incompetent to proceed within a reasonable time after such determination, not to exceed 2 years.” § 916.303 . . . See § 916.303. . . . See, e.g., § 916.303(2) (providing for post-dismissal determinations of whether involuntary services . . .

STATE v. SMITH,, 982 So. 2d 756 (Fla. Dist. Ct. App. 2008)

. . . Section 916.303(1), Florida Statutes, provides for the dismissal of charges against a defendant found . . . The First District has held that section 916.303 creates a substantive right to dismissal. . . . Section 916.303(1), Florida Statutes (2005), provides that “[t]he charges against any defendant found . . .

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

. . . See § 916.303, Fla. Stat. (2004). . . . See § 916.303(1), Fla. . . . See § 916.303(2)(a)-(b), Fla. . . . Sections 916.303(2)(a) and 916.303(2)(b) were amended and renumbered in 2006. . . . .; § 916.303(2)-(3), Fla. Stat. (2006). . . . are dismissed where the individual’s placement in a secure facility is extended pursuant to section 916.303 . . . the trial court ordered Everette’s involuntary commitment to a secure facility pursuant to section 916.303 . . . In that same chapter law, section 916.303 was created and subsection (1) addressed the dismissal of charges . . . See ch. 98-92, § 27, at 724, Laws of Fla.; § 916.303(1), Fla. Stat. (Supp.1998). . . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE THREE YEAR CYCLE, 942 So. 2d 407 (Fla. 2006)

. . . Section 916.303(1), Florida Statutes (2005), provides that “[t]he charges against any defendant found . . .

HINES, v. STATE, 931 So. 2d 148 (Fla. Dist. Ct. App. 2006)

. . . dismiss, Petitioner alleges that the criminal charge against him must be dismissed pursuant to section 916.303 . . . The issue before us is whether section 916.303(1) creates a substantive right requiring dismissal of . . . Section 916.303(1), Florida Statutes (2002), conflicts with rule 3.213(a), and it states: The charges . . . Because section 916.303(1) confers a substantive right, it takes precedence over rule 3.213(a). . . . As noted, section 916.303(1) provides that dismissal of criminal charges is without prejudice to the . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. RAMOS,, 925 So. 2d 455 (Fla. Dist. Ct. App. 2006)

. . . However, because Everett concerned a statutorily-mandated evaluation under section 916.303(2)(b), Florida . . .

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

. . . Section 916.145, which has since been renumbered to section 916.303(a), Florida Statutes (2003), required . . . Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent . . . the trial court to involuntarily commit the defendant pursuant to section 393.11, Florida Statutes. § 916.303 . . . trial court held a hearing and determined that it needed to schedule an annual hearing under section 916.303 . . .

BYRD, v. STATE, 834 So. 2d 872 (Fla. Dist. Ct. App. 2002)

. . . court’s decision to deny her motion to dismiss without prejudice, which was filed pursuant to section 916.303 . . .